Optimum Tech

Terms and Conditions

The Terms of Service (“Terms”) for the use of our website OptimumTech (“Website”), products and services (“Services”) , are between Optimum Sales LLC (“Company/We/Us/Our”) and its users (“User/You/Your”). These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. Please read the Terms and the privacy policy of the Company (“Privacy Policy”) available at [https://www.OptimumTech.net/privacy-policy] carefully before accessing or using our Website or Our services provided thereunder. In the event of any discrepancy between the Terms and any other policies with respect to the Website or Our services provided thereunder, the Terms shall prevail. Your use or access of the Website or Our services (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and Your agreement to be legally bound by the same.

PURPOSE:

Our Website is intended only to serve as a preliminary medium of contact and exchange of information for its users/ members/ visitors who have a bona fide intention to contact and/or be contacted for the purposes related to existing job vacancies and for other career enhancement services (“Services”).

  1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text and images contained in the Website and Services are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Website or Services shall be deemed to confer a license to the User any other right, interest or title to or in any of the intellectual property rights belonging to the Company. The Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights in relation to the Website and Services. Certain content on the Website may belong to third parties and such content has been reproduced after taking the prior consent of such third parties. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the concerned third party.
  2. By submitting content on or through the Website or Services (“Your Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Material in any and all media or distribution methods (now known or later developed) and to associate Your Material with You, except as described below. If you delete your user account, Your Material and name may remain available through the Services.
  3. In the preparation of the Website or Services and contents therein, We have taken commercially reasonable efforts to offer the most current and clear information. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Website or Services. Any feedback from You is appreciated to make the Website or Services and its contents thereof error free and user friendly. We also reserve the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company 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 the Website or Services 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.
  4. Our Website provides Users with access to compiled information and related sources. Such information is provided on an as-is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.
  5. Upon subscribing to our Services, We will charge You fees for the Services as set forth on our Website. We do not provide refunds or credits for the period when Your account is active but You do not use the Services. The fees do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which You are responsible except for taxes imposed on Our income. You agree to pay or reimburse Us for all such amounts upon demand, or provide evidence of payment or exemption. For any renewal, We reserve the right to change Our fees and billing methods by giving You at least 30 days’ notice prior to the commencement of such renewal term.
  6. By providing your contact details, You expressly grant Us permission to contact You through telephone, SMS, e-mail or any other communication methods to enable effective provision of Services and You hold the Company indemnified against any liabilities including financial penalties, damages, expenses in the event Your mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for promotions or other related information through telephone, SMS, e-mail etc. You may however, at any point, opt out from receiving such communications from us.
  7. Aggregated Anonymous Data. Company may aggregate and analyse technical and other data regarding Your use of the Website and Services that is non-personally identifiable with respect to You (“Aggregated Anonymous Data”). Company may use the Aggregated Anonymous Data to provide, support and improve the Website and Services, to perform these Terms and for other lawful business purposes. Company will not identify You as the source of any Aggregated Anonymous Data.
  8. Our Privacy Policy explains how We collect, use and share Your information. You understand that through Your use of the Website and Services, You consent to the collection, use and handling of information as set forth in our Privacy Policy. For more information, please see the Company Privacy Policy here: [https://www.OptimumTech.net/privacy-policy], which may be updated from time to time and is incorporated into these Terms by reference.
  9. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for all Our Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our Services. The Company shall not be responsible for any consequence that arises as a result of any misuse of Our Website or Services that may occur by virtue of any person including a minor registering for the Services provided. The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualifications.
  10. You agree to defend, indemnify and hold harmless the Company, its 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: (i) Your use of and access of the Website or Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website or Services has caused damage to a third party. This indemnification obligation will survive these Terms.
  11. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website or Services.
  12. If You are using our Website or Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
  13. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
  14. Any violation by You of the terms of the Terms may result in immediate suspension or termination of Your account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your account information if required by any governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
  15. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi and You hereby accede to and accept the jurisdiction of such courts.
  16. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Website or the Services. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website or the Services.

DISCLAIMER

THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

General Provisions

  • Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Website. Any notice to be provided to the Company should be sent to 103 Chiranjeev Towers, Nehru Place, New Delhi- 110019.
  • Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Website or the Services from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Website and the Services thereof.
  • Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company may freely transfer the Terms to any third parties without Your consent.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
  • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
  • Relationship: You acknowledge that Your participation on the Website or the use of Services does not make You an employee or agency or partnership or joint venture or franchise of the Company.
  • The Company provides these Terms so that You are aware of the terms that apply to your use of the Website and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
  • Any feedback You provide with respect to the Website or the Services shall be deemed to be Company Proprietary Information. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website or the Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
  • Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Website or the Services.