You agree that by clicking “Join Now”, “Join UDARNIK.IN”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with UDARNIK.IN (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to UDARNIK.IN.com, UDARNIK.IN-branded apps, UDARNIK.IN Learning and other UDARNIK.IN-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with UDARNIK.IN” and “Share with UDARNIK.IN” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with UDARNIK.IN (also referred to as “we” and “us”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
If you reside in the “Designated Countries”, you are entering into this Contract with UDARNIK CRISIS MANAGEMENT CONSULTENCY PVT LTD. An INDIAN ROC registered pvt ltd company (“UDARNIK.IN” is a subsidiary of UDARNIK CRISIS MANAGEMENT CONSULTENCY PVT LTD ) and UDARNIK.IN will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Contract applies to Members and Visitors.
When you register and join the UDARNIK.IN Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
We may make changes to the Contract.
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one UDARNIK.IN account, which must be in your real name; and (3) you are not already restricted by UDARNIK.IN from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for UDARNIK.IN to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to UDARNIK.IN’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your UDARNIK.IN account settings under “Purchase History”.
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, and links to news articles, job postings, messages and In E-Mails. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to UDARNIK.IN connections, restricting your profile visibility from search engines, or opting not to notify others of your UDARNIK.IN profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honour the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and UDARNIK.IN, you own the content and information that you submit or post to the Services, and you are only granting UDARNIK.IN and our affiliates the following non-exclusive license:
A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. Learn More
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to UDARNIK.IN, you agree that UDARNIK.IN can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your UDARNIK.IN profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. UDARNIK.IN may be required by law to remove certain information or content in certain countries.
We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
Your use of others’ content and information posted on our Services is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. UDARNIK.IN generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
UDARNIK.IN may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. UDARNIK.IN does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that UDARNIK.IN does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) UDARNIK.IN is not responsible for the offering, performance or procurement of these services, (2) UDARNIK.IN does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between UDARNIK.IN and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, UDARNIK.IN may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) UDARNIK.IN is not responsible for the conduct of any of the Members or other attendees at such events, (2) UDARNIK.IN does not endorse any particular event listed on our Services, (3) UDARNIK.IN does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on our Services.
UDARNIK.IN reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. UDARNIK.IN reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
We’re providing you notice about our intellectual property rights.
UDARNIK.IN reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. UDARNIK.IN, and “in” logos and other UDARNIK.IN trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of UDARNIK.IN.
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
UDARNIK.IN AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UDARNIK.IN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS UDARNIK.IN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), UDARNIK.IN, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
UDARNIK.IN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO UDARNIK.IN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
The limitations of liability in this Section 4 are part of the basis of the bargain between you and UDARNIK.IN and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if UDARNIK.IN or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive.
Both you and UDARNIK.IN may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
Sections 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Centre to close your account.
In the unlikely event we end up in a legal dispute, you and UDARNIK.IN agree to resolve it in using INDIAN Courts of law using Indian penal codes and INDIAN criminal proceeding (IPC/CRPC),or INDIAN civil laws only.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries: You and UDARNIK.IN agree that the laws of INDIA, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and UDARNIK.IN agree that claims and disputes can be litigated only in INDIA, , and we each agree to personal jurisdiction of the courts located in INDIA only.
For others outside of Designated Countries, including those who live outside of the United States: You and UDARNIK.IN agree that the laws of the Republic of INDIA. excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and UDARNIK.IN both agree that all claims and disputes can be litigated only in the federal or state courts in IN KERALA Republic of INDIA and you and UDARNIK.IN each agree to personal jurisdiction in those courts only.