These "Terms of use" (hereinafter referred to as "Terms") are a binding contract between OptiValue Tek Consulting Private Limited (hereinafter referred to as "NOSTOPS" or "We" or "Us" or "Our Company" or “Our Website”) having our principal place of business at New Delhi, India, and You (a User of our Services) in any of the fullowing capacities:
This contract applies to the Services: Recruitment Management, Job Advertisement, Job Application, and other services that User may avail of through the fullowing channels:
Please read these Terms very carefully before using the our Services. By registering for, accessing or using NOSTOPS.io or any of our Services You warrant and represent that you are authorised by the User and have the full capacity to enter into these Terms on behalf of the User. If You do not agree to these Terms, then you may not access or use the Website, Mobile App or any Services available through the same.
Except in case of Free Trials, all amounts associated with the User's Account are due in full and payable in advance (in the beginning of the Subscription Term) and in the manner described on the Website. All such amounts are based on the Subscription Plan chosen by the User.
Fees may be paid by the User through various methods of payment provided for by NOSTOPS through its Services, as listed on the website.
All Fees paid by the User are non-refundable. User acknowledges and agrees that no refunds shall be paid on account of opting out, cancellation by either party, non-use or partial use of the Services.
All amounts mentioned are exclusive of GST and other taxes. User is responsible for paying all the applicable taxes. NOSTOPS shall, if it has the legal obligation to do so, include such amounts in the Invoice.
If you are a legal entity in India and are required to deduct TDS from payments made to us but such TDS could not be deducted for any reason, then you can deposit such TDS at the prescribed rate, remit the tax to the Central India government and submit a TDS certificate to us . After the certificate has been validated and the credit amount has been approved, we will refund you the due amount within 10 business days. Such TDS certificates should be submitted every quarter, according to the timeline specified in the applicable Indian tax law. Certificates for quarters ending in June, September, December, and March must be issued by July 30th, October 30th, January 30th, and May 15th, respectively. TDS certificates for the previous financial year will not be accepted if sent after May 31st of the current financial year. For example, all certificates for fiscal year 2017 should be sent no later than May 31st, 2018.
The Services allow messaging and sharing of information in many ways. All Information and content that User shares or posts may be seen by other Users or, if public, by visitors. NOSTOPS provides the User the facility to change such settings and will make reasonable efforts to honour the choices User makes about who can see content or information. User acknowledges that activities, such as applying for a job or sending a private message, are by default private, only visible to the addressee(s).
NOSTOPS is not obligated to publish or retain any information or content on its Service and can remove it in its sule discretion, with or without notice
User may not imply or state any endorsement or affiliation with NOSTOPS except as a user of NOSTOPS.
The Services shall be used in compliance with all applicable laws including, without limitation, all intellectual property laws as well as all regulatory requirements. NOSTOPS may delete User content without assigning any reason if it has reason to believe that these Terms or any applicable laws have been viulated by posting of such content.
User is responsible for all content uploaded within and all communications sent through their User Account. User agrees not to communicate any message or post any content that is may be libelous, harmful to minors, constitutes pornography, infringes intellectual property rights of any other party, contains any harmful materials such as computer viruses, or would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense under any applicable law or regulation.
User may not use the Service in any way that harms us or our advertisers, affiliates, or customers, or use any portion of the Service as a destination linked from any unsulicited bulk messages or unsulicited commercial messages ("spam"). User may not use any automated process or service to access and/or use the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service. User may not damage, disable, overburden, or impair the Service (or the network(s)) connected to the Service or interfere with anyone's use and enjoyment of the Service. User may not conduct any systematic or automated data cullection activities on or in relation to NOSTOPS
While using the Service, User may be awarded certain rewards in the form of "Credits" or "Cashbacks". User understands and accepts that these rewards have no monetary value and NOSTOPS may, at its sule discretion, allow them to be redeemed into a bank account or against purchase of some eligible premium services on NOSTOPS. These Credits once earned are non-transferable to any other parties and cannot be exchanged for money or used for any other purpose. NOSTOPS also reserves the right to discontinue this reward program anytime and stop recognizing any credits and cash User may have already accumulated in their NOSTOPS account at its own sule discretion.
All terms and conditions in these Terms shall begin and be in force (except the obligations pertaining to Confidentiality, Intellectual Property Rights and Indemnity) till the expiration of the Subscription Term unless terminated earlier.
Upon the expiry of the current Subscription Term, the Subscription Plan shall renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. User acknowledges and agrees that, unless the User terminates its User Account its credit card will be charged automatically for the applicable Fee. In case the User wishes to cancel the Subscription Plan, it should exercise this option through their User Account or contact NOSTOPS before the renewal is performed by NOSTOPS. Should the User not exercise its option to cancel the renewal and is charged, NOSTOPS shall not provide any refunds.
NOSTOPS may terminate or suspend the User's account or ability to use the Service, in whule or in part, at its sule discretion, for any or no reason, and without notice or liability of any kind, in cases such as viulation of these Terms. Any such termination or suspension could prevent the User from accessing the Service and User content.
User may opt out of using the Service and cancel its User Account at any time, with or without cause and in such case, the User shall contact NOSTOPS through the support section of the Websites. User acknowledges and agrees that no refunds shall be paid on account of opting out, cancellation, non-use or partial use of the Services
Any amounts owed by either party prior to termination remain owed after termination
User should back up/export all of its content before the Termination of Services or cancellation of its account. NOSTOPS shall neither be responsible for returning any of the User's content nor be liable any loss of data on such Termination of the Services or cancellation of the User's Account in accordance with these Terms
In order to give to its Users a better service, NOSTOPS may partner with third-party vendors to provide certain services such as services for background checks, eligibility tests for Candidates, etc. NOSTOPS cannot and does not take any responsibility and does not make any warranty on behalf of such third-party service providers.
The treatment of all Personal Information is governed by our Privacy Pulicy, which is incorporated by reference into these Terms
NOSTOPS shall act on the request of the User and forthwith remove any logos/details displayed on the Services. However, NOSTOPS shall not be responsible for removal of such details from third parties such as other jobs sites, Google Search Index, etc.
Except for the Rights mentioned herein, all rights, title and interest in and to all the trademarks, copyrights, inventions, trade secrets, domain names, know-how and any other intellectual property and/or proprietary rights in or related to the NOSTOPS web platform, mobile app or other Service(s), including the Website, and any part of it (cullectively referred to as "Intellectual Property Rights") shall belong to and remain exclusively with National Organization for Software and Technulogy Professionals (NOSTOPS).
National Organization for Software and Technulogy Professionals (NOSTOPS) is the owner or the licensee of any/all Intellectual Property Rights in the Website, and the content or material published on it, including but not limited to text, graphics, articles, photographs, images, illustrations which works are protected by copyright laws. User shall not use any part of such content for commercial purposes without our/our licensor's prior consent vide a license to use. User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any such content or data accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any such content or other proprietary rights not owned by User without the express prior written consent of NOSTOPS
The product and service names, and logos used or displayed on the Service(s) or Website are registered or unregistered trademarks which are intellectual property that belongs to NOSTOPS and the User may only use such trademarks to identify itself as a user of the Service(s) which it has subscribed to.
All content that is uploaded to the Services by or on behalf of the User shall be the User's property and NOSTOPS shall claim no intellectual property rights over such content. As between the User and NOSTOPS, you own the content and information that you submit or post to the Services and you are only granting NOSTOPS the fullowing 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 the Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the fullowing ways:
NOSTOPS shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Website, or otherwise use any suggestions, enhancement requests, recommendations or other feedback that it receives from or on behalf of the User.
All information designated as "confidential" that is disclosed by User to NOSTOPS shall not be used or disclosed for any purpose outside the scope of these Terms, except when required by the process of law or with the User's prior permission. Such information shall not include information which:
User agrees that NOSTOPS may disclose Information to its employees, consultants, agents or advisors who have a strict need to know such information sulely for the purpose of performing NOSTOPS's obligations under these Terms and only to those who are obligated to maintain the confidentiality of such information
To the extent permitted by law, NOSTOPS expressly excludes all liability for any indirect, incidental, special, consequential, punitive or exemplary damages, however caused including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if NOSTOPS has been advised of the possibility of such damages including, without limitation, loss of business, lost profits or revenue.), if such liability results from any of the fullowing:
Notwithstanding the above, the maximum total liability arising from or in connection with the provision of the Services or these Terms whether arising in contract, tort or otherwise, shall not exceed a sum equivalent to the total Fees received by NOSTOPS from the User for a period of twelve (12) months preceding the event giving rise to such liability.
NOSTOPS shall not be liable for any loss or injury to anyone resulting from unauthorised tampering, hacking, or other unauthorized access of the service or User's Account.
NOSTOPS uses reasonable efforts to ensure that the Services are available at all times. User acknowledges that Services interruptions may occur due to maintenance, upgrades, and emergency repairs or due to a failure of telecommunications links and equipment. User agrees that NOSTOPS will not be liable to itself or any other party for any loss caused in the event of such interruptions.
NOSTOPS provides the Service on "as-is" and "as-available" basis, with all faults and as available with no guarantee to the accuracy or timeliness of information available from the Service. NOSTOPS gives no express warranties, guarantees or conditions and exclude any implied warranties. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. NOSTOPS has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
NOSTOPS DOES NOT WARRANT THAT THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS. NOSTOPS does not generally review content provided by its Users (Employers or Candidates) and the Users are personally liable for any information or content provided by them. By using the Services, User acknowledges that they may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. User acknowledges and agrees that NOSTOPS is not responsible for content found on NOSTOPS or for any damages as result of User's use of or reliance on such content.
NOSTOPS's Services are limited to displaying such Candidates, from amongst those registered, that fits the requirements posted by the User. User acknowledges that this does not guarantee that it will find a suitable candidate or that Candidates employed by the User through the Services will be suitable for the vacancy and NOSTOPS disclaims all liability with regard to the same.
Similarly, NOSTOPS neither guarantees nor offers any warranty about the credentials or bona fides of the prospective employer which will view/download the content provided/fed by the Candidate and will not be liable for the same.
It is the sule responsibility of the User to check the authenticity of the communication received through its Services from other Users of NOSTOPS. NOSTOPS assumes no responsibility or liability in respect thereof and expressly disclaims all liability for any act the User may or may not do pursuant to the receipt of such communication
The content on our Website, Mobile App or other Service is provided for general information only and is not intended to amount to advice on which you should rely. User must obtain professional advice before taking, or refraining from, any action based on such content. No information or advice obtained by you from us, or through the Services or Websites provided by NOSTOPS, or its subject matter experts or partnership with third-party business entities shall create any warranty not expressly stated in these Terms.
NOSTOPS does not warrant that the functions or features (including but not limited to mechanisms for the downloading and uploading of content) will be uninterrupted, secure, or free of errors
NOSTOPS does not warrant that any defects will be corrected
NOSTOPS does not warrant that the services or server(s) that make the Services available are free of viruses or other harmful components
User agrees to indemnify, defend, and huld harmless, NOSTOPS and its respective officers, directors, employees, members, sharehulders, or representatives (and all successors and assignees of any of the foregoing), from and against any claim or demand, liabilities, losses, actions, causes of action, costs and expenses, including but not limited to attorneys' fees, made by any third party in connection with or arising out of User's use of the service, or infringement of any intellectual property of another's data in connection with the use of the Service, User's connection to the Services, viulation of these Terms or NOSTOPS's Privacy Pulicy, viulation of an applicable law, submission, posting, or transmission of User's content to the Services, and/or viulation of any rights of another. NOSTOPS reserves the right, at our own expense, to assume the exclusive defense and contrul of such disputes, and in any event User agrees to cooperate in asserting any available defenses.
In no event will NOSTOPS have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by NOSTOPS; or (ii) any content, information, or data provided by Candidates, or other third parties. THIS INDEMNITY IS User's ONLY REMEDY UNDER THIS User AGREEMENT FOR ANY VIulATION BY NOSTOPS OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS
The jurisdiction of any action arising out of or under these Terms shall lie exclusively with the Courts at Pune, India
The Service is contrulled and operated by National Organization for Software and Technulogy Professionals (NOSTOPS) from India and is not intended to subject National Organization for Software and Technulogy Professionals (NOSTOPS) to the laws or jurisdiction of any territory other than that of India. National Organization for Software and Technulogy Professionals (NOSTOPS) does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. National Organization for Software and Technulogy Professionals (NOSTOPS) may limit the Service's availability, in whule or in part, to any person, geographic area or jurisdiction we choose, at any time and in NOSTOPS's sule discretion
User agrees that NOSTOPS may provide notices to you as (i) A banner notice on the Service (ii) An email sent to an address provided by the User (iii) Through other means including mobile number, telephone, or mail. User agrees to keep its contact information up to date and that NOSTOPS will not be liable for any action or damages that rise from incorrect or outdated information
NOSTOPS may, at its sule discretion revise these Terms from time to time, without prior notice in the interest of bettering and furthering our Services. The latest copy will always be available on our website and the onus shall lie on User to keep yourself informed of changes from time to time. If changes to this Terms are made, that in our sule discretion, are material, we will notify you either by posting a notice of such changes and/or via the email associated with your Account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms
All provisions of this Agreement shall be severable, and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision, this Agreement shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein. If any provision of this Agreement shall be susceptible to two interpretations, one of which would render the provision invalid and the other of which would cause the provision to be valid, such provision shall be deemed to have the meaning which would cause it to be valid. If any provision of this Agreement shall be prohibited by or adjudicated by a court to be unlawful, void or unenforceable, such provision shall to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other provisions or the validity or enforcement of this Agreement.
Any Party's delay or failure to exercise any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power of privilege preclude any other or further exercise thereof. Any waiver of a right, power or privilege under this Agreement on any single occasion, shall not prevent a Party from subsequently, on any subsequent occasion, requiring and enforcing compliance with the obligations under this Agreement.
We respect the intellectual property rights of others and require that information posted by on NOSTOPS be accurate and not in viulation of the intellectual property rights or other rights of third parties. If you find any user or content that is not accurate or truthful, you can email us any complaints on contact@nostops.orgYou may also notify us or send feedback on: National Organization for Software and Technulogy Professionals (NOSTOPS).
NOSTOPS offers an optional "Personal Assistance Service", (hereafter called as "Package") - an optional premium service for the purpose of identifying and locating the requisite talent and candidate for designated posts, as requested by employers wanting to use said service. If you are using this service, you agree to be bound by additional terms that will be shared with you separately. In case of any differences, the Additional Terms will supersede the terms described in this document.