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The website, www.pandahrs.com (“Site”) is an electronic web based platform for exploring opportunities and enhancing outreach using the online search and other tools available for the job seekers. It is owned and managed by Panda Career Services Pvt. Ltd. (“Company”) with its registered office at Lagankhel-19 Head Office, Nepal.
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions (“Terms”). It is mandatory for all Members of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site (“Services”). The Services are available only to those individuals who can form legally binding contracts under the Nepal laws. Panda Career Services Pvt. Ltd. may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.
Definition Clauses
The following expressions shall have the following meanings in the Agreement defined below:
DATE OF ACTIVATION: is defined as the date specified by the pandahrs.com in its notice to the Member either through email indicating the approval to the Member’s registration and permission to access the Service.
EXPIRY DATE: is defined as the expiry date of the notice of termination of the services.
MEMBER: is any person who accesses the Site for whatever purpose, regardless of whether said Member has registered with Pandahrs.com as a registered Member or whether said Member is a paying customer for a specific service provided by the Site. A Member includes the person using this Site to access any information on the Site.
SERVICES: is defined as the services to be provided by the Company to the Member at Pandahrs.com including the provision of facilities for the following:
• A Member who wishes to post a resume to seek employment.
• A Member who wishes to secure recruitment through Pandahrs.com.
• A Member who wishes to advertise at Pandahrs.com.
•Member who wishes to receive advertisements, newsletters and promotional messages on www.pandahrs.com and through emails.
REGISTRATION DATA: is defined as all the information and particulars of the Member requested on initial application and subscription, including but without limiting to the Member’s name, mailing address, email address, account and telephone number. The words can be used either in the singular or plural sense and those implying one gender shall also include the other.
Commencement of Service
The Service shall commence on the Date of Activation after we have received the necessary payment.
Member’s Obligations
The Member agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application for membership in order to use the Service. The Member will ensure that the data shared with Pandahrs.com doesn’t contain any fraudulent, false, misleading or manipulated facts.
• The Member is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
• The Member will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
• The Member shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
• The Member is solely responsible for the maintenance of confidentiality of the login information. This would include the Member’s password and Member Username and all activities and transmission performed by the Member at Pandahrs.com.
• The Member will immediately notify the Company of any unauthorized use of the Member’s account or any other breach of security known to the Member.
• The Member will pay promptly the Subscription Fees as required by the Company from time to time.
• The Member will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
• In case you chose to discontinue your association with us, you can unsubscribe remove your account by completing the delisting procedure using the Remove Account link available in your folder.
• With this registration, you agree to accept communications (through Calls/Chat/Mails/SMS) on the numbers made available during registration or subsequently irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of Pandahrs.com, Panda Career Services Pvt. Ltd.
Proprietary Rights in Content on Panda Career Services
Pandahrs.com owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of Pandahrs.com. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
Intellectual Property Rights
All logos, brands, trademarks, registered marks (“Marks”) appearing in Pandahrs.com are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the Member any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of Nepal.
Prohibited Use
The Member will not allow any person other than the authorized person(s) named in the application form to use the Service.
• The Member shall use the Service only for the purpose for which it is subscribed.
• The Member will comply with all applicable laws and shall not contravene any applicable law of Nepal relating to the Services, including any regulation made pursuant thereto.
• The Member shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
• The Member shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
• The Member shall be prohibited in persistently sending messages or make postings on Pandahrs.com to any other Member or third party who access Pandahrs.com without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
• The Member is prohibited to introduce, upload, post, distribute, publish or transmit any information or software that:
a) Contains a virus, worm or other harmful component into the Internet or Pandahrs.com network system.
b) Breaches on any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
c) Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
d) Is meant to mislead or deceive the other Members
e) Infringes any trademark, patent or copyright rights
In the event of a violation of any of the above mentioned covenants by the Member, and same comes to the Company’s knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the Member. The Company shall issue a warning to the Member to discontinue any activity, which leads to the said violations, and in the event the Member continues with such activity, the Company has the sole authority to terminate or suspend the membership at Pandahrs.com and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Member to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the Member.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Pandahrs.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is
infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Pandahrs.com’s Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.
Payment and Refund Policy
Payment for memberships:
All payments for services at Pandahrs.com have to be made in favor of “Panda Career Services Pvt. Ltd.” only. All payments need to be made on 100% advance basis to continue to use uninterrupted Paid Services.
The Member, who is liable to pay Subscription Fees, shall pay it on demand even if the Member disputes the same for any reason. In the event that the Company deciding the dispute to be in the Member’s favor, the Company shall refund to the Member any excess amount paid by the Member free of interest. In the event of late payment by the Member of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the Member for Paid service is not refundable and no claim for refund would be entertained. Pandahrs.com neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Members. All the services are on a best effort basis.
Refund on the basis of fraudulent transactions
The Member is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Pandahrs.com assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
Refund on the basis of change in preference / delay in process
As we at Pandahrs.com keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.
Confidentiality
As Pandahrs.com is an online platform so it cannot guarantee confidentiality of information provided by Members who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of Pandahrs.com.
The agreement between Pandahrs.com and the Member can neither be deemed as “non-poach agreement” nor can the same be termed or used as an alternative to “non- poach agreement” as Pandahrs.com being a public site, all information posted by Member on the Site goes to the public domain except information / data which is specifically assigned as a non-public / private character.
The Member is entitled access to his own data and information stored in the database at Pandahrs.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
The Members need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of Pandahrs.com. Pandahrs.com is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, FIR etc.
Maintenance of Service
The Company may at any time deactivate or suspend the Member’s access to Pandahrs.com and/or the Services (as the case may be) without any prior notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
Modification to Service
The Company reserves the right to modify or discontinue the Service with or without notice to the Member. The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.
Suspension of Service
Without prejudice to any other rights or remedies of the Company, the Company may suspend the Service provided by the Company.
Upon suspension, the Service shall be deemed to be terminated from the date stipulated by the Company and the Member shall be liable for all charges and fees incurred until that date.
Panda Career Services reserves the right to block the membership, if member places
• Objectionable Contents, including: Offensive, abusive, threatening, obscene, defamatory or libelous materials
• Multiple Profiles, including: Only a single profile is allowed for each job opening.
• False Contact Information, including: Any email address, phone numbers, postal address and any other means of contact material.
Termination of Service
The Company may terminate this Agreement with immediate effect, without prior notice to the Member and without further prejudice to all other rights:
• If in the opinion of the Company, the Member has breached any of the terms or conditions of this agreement.
• If in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the Member for any reason.
The following could be deemed as the reason for the termination of the services:
• Harasses or advocates harassment of another person;
• Is patently offensive to the online community, any such content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Involves unsolicited mass mailing or “spamming”, the transmission of “junk mail”, “chain letters”;
• Promotes any information that is misleading, is false or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes unauthorized or an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
• Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Displays pornographic or obscene or sexually explicit material of any kind;
• Provides any kind of instructional information about illegal activities such as violating someone’s privacy, making or buying illegal weapons, or providing or creating computer viruses, or hacking;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; Panda Career Services also reserves all rights to suspend or terminate the services if found the services is not being used as per the mentioned instructions or the case may be.
Disclaimer
The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or due to acts of God, natural calamities, virus / system attacks, hacking or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
• The Member shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.
The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services of Pandahrs.com.
• The Company’s liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the Member to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.
• The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Member’s account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
• The Company neither guarantees nor offers any warranty about the credentials, status or authenticity of the prospective employer/organization contacting the Members post download of the resume or by access to the information/data posted by the Members.
• The Company does not warrant that Pandahrs.com or any of the web sites linked to Pandahrs.com be free of any operational errors or that it will be free of any virus, worm, or other harmful component.
• The Member acknowledges that it is not the Company’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through Pandahrs.com. The Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Company, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party’s rights or any other rules, standards or codes of practices that may be applicable to the posting or Pandahrs.com or the internet.
• The resume / data fed by the Member can be updated by the Member alone and is solely their liability.
• Pandahrs.com offers neither any guarantee nor warranty that there would be a satisfactory response or any response at all once the resume / data is fed by the Member.
• It is the sole prerogative and responsibility of the Member to check the authenticity of all or any response received or information displayed. Pandahrs.com is a public site with free access and assumes no liability for the quality and genuineness of responses.
• Pandahrs.com neither guarantees nor offers any warranty about the credentials of the prospective employer / consultant / organization which down loads the information and uses it to contact the Members on the site including prospective employer / consultant / visitor / Member.
• For opted paid services, the services will begin only commence on receipt of payment and post the display, forwarding, emailing of the jobs / resumes the service would be deemed as granted irrespective of the response received.
• Pandahrs.com uses a tested and automated algorithm for forwarding / search however, makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy and suitability.
• Pandahrs.com provides job-related information posted by Employers / Recruiters/ Consultants registered with it. However, it also posts some additional jobs including government jobs by collecting relevant information from other websites which include the State & Central Government official websites. The Member shall find links to the original source that showcase these Job Details. These Job postings with links have been placed only for convenience of the Members and not for any commercial gain or profit. Pandahrs.com is not responsible for the contents and also for the actual availability of the said jobs so advertised. Pandahrs.com grants its Members direct linking to the portals/sites/resources from which this information is collected and no prior permission is required for the same. However, we do not permit our pages to be loaded/displayed/copied by any Member/Visitor for commercial / personal purposes on their websites.
• Pandahrs.com does not represent or guarantee the truthfulness, accuracy, or reliability of any such job postings, the ability of such Government employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any Member Content and makes no representations about any such jobs or Member Content on the website and the Members are cautioned to use common sense and proper judgment in this regard. Pandahrs.com is not involved in the actual transaction between employers and candidates. Any reliance on the content posted on website in respect of vacancies shall be entirely at the risk of the Member.
Indemnity
You agree to indemnify and hold Pandahrs.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach.