BEANStalk and its affiliates (“Beanstalk” or “we”) provides its content on this Web site –www.reboot.net.in– (the “Site”) subject to the following terms and conditions (the “Terms”).
The following terms and conditions apply to people who visit Reboot at www.reboot.net.in (the Site / We / Us / Our / Reboot) and register for a user account or an organisation account (there is a separate section below for Employers – see Section 12, however the overall terms and conditions are also applicable to them).
The following Terms and Conditions affect your legal rights and obligations. They form a legally binding contract between you and the Site. These are our terms and conditions for use of our service, and these apply whenever you access the website. By registering for an account on Reboot you will be deemed to have accepted these Terms and Conditions. We reserve the right to change and update these Terms and Conditions.
Acceptance Of Terms
Description Of Service
The Site is an online community which enables corporate professionals, especially women and employers to complete profiles, post comments and images, browse content, apply for jobs, make new connections, share opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”).
Services include, but are not limited to, any service and/or content Reboot makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Reboot. Reboot reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Reboot may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your content and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using our Services (although you can browse certain content without being logged in), you are required to open an account with Reboot and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Reboot account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Reboot account.
Services are available to individuals who are 18 and above.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Reboot are entirely responsible for all Content that you post, or otherwise submit to the Site. Reboot does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Reboot. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Reboot user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts;
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person
- To sell or otherwise transfer your profile.
- You must only make lawful use of site
- You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered.
- You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other members advertisements, commercial messages or solicitations for products or services.
- You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal.
- The copyright and all other intellectual property rights in this site belong to Reboot or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Reboot. You may create hyperlinks to the Reboot.net.in home page as long as the link does not use our logos or graphics and does not refer to Reboot.net.in or any person or website associated with Reboot.net.in in a manner which is false, misleading or derogatory.
- You agree in reference to submitting content that you have the option of being contacted through the site. You agree that you are accurate and truthful in any content / applications you submit on / through / as a result of content on the site.
- To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Reboot at : (firstname.lastname@example.org)
- You are solely responsible for your interactions with other users of the Site. REBOOT reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting REBOOT a worldwide, Non exclusive license to use the content and are representing and warranting to REBOOT that the content is owned or duly licensed by you, and that REBOOT is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of REBOOT’s agreement to allow you to post Content to the Site and REBOOT’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with REBOOT as follows:
You acknowledge that:
- By uploading your Content to REBOOT you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to REBOOT a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to REBOOT includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to REBOOT by you;
- REBOOT uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, REBOOT makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. REBOOT does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize REBOOT to permit users and visitors to the Site to make such low resolution copies of your Content; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
- You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to REBOOT the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by REBOOT of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against REBOOT, all of which such rights are hereby expressly and irrevocably waived by you in favour of REBOOT.
- Members are solely responsible for the content submitted. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
- We reserve the right to refuse to publish submitted content for any reason. We reserve the right to edit or change any content listed on the site. We reserve the right to delete any accounts / profiles / connections / resources / comments (or other content) posted on the Site that are in any way improper or inappropriate, at any time and for any reason.
- We reserve the right to filter job applications on behalf of an Organisation or Employer (when the Organisation has given us permission to do so).
Fair Usage Policy
REBOOT maintains a fair usage policy to ensure stable and fast service to all users.
You may terminate your REBOOT account at any time in your sole discretion. REBOOT may terminate your account at any time for any reason or no reason. All content in your REBOOT account will be removed by REBOOT upon termination of your account.
REBOOT respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. REBOOT will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify REBOOT of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of (email@example.com)and include in your notice a detailed description of the alleged Infringement sufficient to enable REBOOT to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Infringement of Copyright
BEANStalk prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You are requested to advise BEANStalk at the contact email address (firstname.lastname@example.org) if you identify any content on the Website where you accurately identify the copyright has been infringed. Please include with details of the content, it’s copyright, your identity, contact, and authorization by owner of the right.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide REBOOT with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at (email@example.com). You must include in your counter notice sufficient information to enable REBOOT to make a reasonable determination.
Please note that you may be held accountable for damages (including costs and legal’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking legal advice.
The content and functionality on the Site is provided with the understanding that you will use the website or the services provided at your own risk with full knowledge of the information provided
- All content and functionality on the site is provided “as is,” and “as available” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
- BEANSTALK, its associates and affiliates, and its third-party content providers make no warranties, conditions and terms of any kind, whether express or implied as to the operation of the site or the information, materials, products, services included on this site.
- No warranty or representation on behalf of BEANStalk and its associates and affiliates, is given that:
- The quality of any products, services, information or other material purchased or obtained by you through the site or any services provided by or on the site will meet your expectations
- The site or services provided will meet your requirements
- The service will be without interruptions, always timely and secure or free from all errors
- The results that may be obtained from the use of the site or any service provided by it will be accurate or reliable
- Any errors in the software will be corrected
- Any material/contents downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. BEANStalk and/or its associates and affiliates do not warrant that this site, its servers, or any mail sent from BEANStalk will not have viruses or harmful components If any damage is caused to your computer system and any losses accrue it will not be the responsibility of BEANStalk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- BEANStalk, its associates and affiliates cannot guarantee the accuracy, integrity or quality of any contents. You may be exposed to contents that are offensive, indecent or objectionable. We can only ask you to inform us immediately in order to remove any offensive material.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because REBOOT has no control over such sites and resources, you acknowledge and agree that REBOOT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that REBOOT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge REBOOT, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless REBOOT, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or REBOOT Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall REBOOT be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages.
Although we work to ensure that listings have accurate deadlines, we cannot be held responsible for job listings that have expired.
We cannot be held responsible for the implications of any decisions that a member / user takes as a result of content / information / advice / opportunities published on the site.
We cannot be held responsible for any connections / introductions / opportunities that are accessed / made through the site. We provide the platform for these interactions to take place but cannot be held responsible for any negative outcomes.
We do however work to ensure that all information posted on the site is accurate and truthful. We will actively remove content that does not conform to our standards.
Employers and Organisations can use REBOOT to maintain ‘Organisation Pages’ and to submit listings. These listings include job opportunities, event announcements, and other listings.
Organisation Accounts permit employers to interact with REBOOT members by commenting on their profiles. The following Terms and Conditions in this section (Section 12) are in reference to Employers / Agents / Organisations (You / Your) using REBOOT www.Reboot.net.in (the Site / We / Us / Our)
Advertising Listings (Job Opportunities and Other Listings)
By approving and submitting a job opportunity to REBOOT (reboot.net.in) the employer thereby commits to the terms of the listing and the associated charges (see below)
Opportunities are listed on the site for a specified period of time in exchange for a pre-agreed listing fee agreed between the employer and REBOOT. The listing is submitted ‘live’ on the site once the payment has cleared. This payment is non-refundable.
For Premium listings REBOOT will commit to reasonable extensions of the job listing to attract further attention.
Sometimes opportunities are listed on the site for a specified period of time in exchange for a commitment from the Employer to pay a pre-specified fee (agreed in writing via email) if the Employer then successfully hires an REBOOT member. The terms of this agreement specify that the Employer should commit to paying the commission fee if an REBOOT member who has viewed the job listing then successfully applies for the job and accepts the job offer. The payment is due the day the successful candidate starts work. This fee is due whether or not the applicant uses REBOOT ‘s internal application function. Sometimes REBOOT members will apply directly to the organisation despite having seen the listing on reboot.net.in. REBOOT ‘s systems provide access to a list of names and email addresses of those REBOOT members who have viewed the job listing. REBOOT can provide this list on request to the Employer for cross-checking in case of a dispute.
Agreeing to these terms and conditions in relation to a job listing is legally binding and should be seen as constituting a contract between the Employer and REBOOT.
Use of the Site
All employer members / visitors must abide by the following rules in relation to their access and use of site:
i) You must only make lawful use of site
ii) You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered.
iii) You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other members advertisements, commercial messages or solicitations for products or services.
iv) You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal.
v)The copyright and all other intellectual property rights in this site belong to reboot.net.in or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of REBOOT. You may create hyperlinks to the REBOOT home page as long as the link does not use our logos or graphics and does not refer to REBOOT or any person or website associated with REBOOT in a manner which is false, misleading or derogatory.
We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit your content for REBOOT (BEANStalk)
1. 1) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works there from, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
2. 2) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business
We reserve the right to remove or not publish submissions without prior notice.
An Organisation’s Rights, Obligations & Responsibilities
You accept that, following any contact with potential employees on our site:
(i) It shall be up to you (the Employer) and any “potential employee” to agree how to progress matters further;
(ii) That you shall act in good faith and in a business-like and courteous manner; and
(iii) That you shall keep strictly confidential all confidential information disclosed
(iv) Where Employers are Recruitment Agents: You shall comply in all respects with all statues, rules, regulations, codes of practice and legal requirements to which you are ordinarily subject in respect of its receipt and processing of CV’s and related matters.
REBOOT’s Rights, Obligations & Responsibilities
(i) REBOOT cannot be held responsibile for the conduct or performance of candidates / hires who the Organisation has contacted through the site.
(ii) REBOOT reserves the right to remove listings from our site at any time.
(iii) REBOOT reserves the right to change listings at any time
(iv) REBOOT reserves the right to refuse to list opportunities that are deemed to be a mismatch with the site’s users.
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of BEANStalk and is protected by international copyright laws. All rights not expressly granted are reserved.
REBOOT (www.reboot.net.in) and other REBOOT graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of REBOOT. REBOOT’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of REBOOT. The images and icons available in the REBOOT icon pack may used by partners and third party sites in connection with providing appropriate links to the REBOOT Site.
You agree that you will not refer to or attribute any information to BEANStalk, REBOOT or any property identity in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, BEANStalk and REBOOT.
REBOOT may terminate or suspend any and all Services and/or your REBOOT account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your REBOOT account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account REBOOT will automatically remove all Content posted to your account.
Changes to these terms and conditions
REBOOT reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, REBOOT will notify you by posting an announcement on the site. What constitutes a material change will be determined at REBOOT’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind REBOOT in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. REBOOT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond REBOOT’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. REBOOT may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of India, as if made within India between two residents thereof, and the parties submit to the exclusive jurisdiction of Indian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Governing Law/ Jurisdiction
Any dispute, controversy or claim arising out of or in connection with a participant’s attendance at REBOOT programs, workshops, or other events, not covered by these Terms & Conditions or otherwise disputed; shall be finally settled by arbitration. The seat of the arbitration shall be Mumbai, India and the arbitration shall be conducted without reference to the principles of conflicts of laws thereof.
BEANStalk is a proprietorship registered in New Delhi, India.