\These Terms and Conditions (“Agreement”) govern your use of and access to websites, , and content (the “Services”) made available by ., JetWork india, , or one of their subsidiaries, affiliates, or parent (collectively “JetWork”, “we”, “our”, or “us”). JetWork may, in its discretion, modify, supplement or amend this Agreement as it relates to your use of the Services from time to time, for any reason, and without any prior notice or liability to you or any other person
1. ACCEPTANCE OF THIS AGREEMENT
YOUR USE OF OR ACCESS TO THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. If you do not want to agree to this Agreement in its entirety, do not access or use the Services.
2. AMENDMENTS TO THIS AGREEMENT
JetWork reserves the right, in its sole and absolute discretion, to change, modify, update, add or remove portions of this Agreement at any time. The new or modified terms will take effect immediately upon posting. When material changes are made to the Agreement, the changes will be effective after you provide your consent, or after you continue to use the Services. You should review this Agreement every time you visit JetWork’s website or use the Services.
3. SCOPE OF THIS AGREEMENT
This Agreement is in addition to and supplements any written agreements, if any, that you or any persons you represent have with JetWORK or its Providers, now or in the future.
4. CALLING AND TEXTING SERVICES
By providing your contact information and using the Services, you hereby affirmatively consent to our use of your contact information for calls and texts in order to perform and improve upon the Services. By providing your mobile phone number through the Services, you give your express prior consent, or prior express written consent, for the Services to include our calling and text messaging (SMS) services (“Calling and Texting Services”), including as noted in this section. The Calling and Texting Services may include calling or sending text messages from JetWork and its Providers regarding, among other things, potential job assignments, career advancement, safety information, job matching services, and recommendations to local educational, training, and volunteer opportunities.
You acknowledge and agree that your consent for the Calling and Texting Services means that calls and texts may be sent by JetWork or its Providers using an automatic telephone dialing system or an artificial or pre-recorded voice.
If, at any time, you cancel or change your mobile telephone number, you agree to promptly notify JetWork of that change so that JetWork may update its records to avoid sending text messages to an individual that may later be assigned your telephone number. You agree to indemnify, defend, and hold JetWork, its Providers, and their respective affiliates, subsidiaries, agents, and parents harmless from any and all liability, including any legal fees and expenses that JetWork may incur, as a result of your failure to notify JetWork of your cancellation or change in mobile telephone number.
The Services may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”). You may only use such Public Areas to send and receive messages and material that are relevant and proper to the applicable forum.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and JetWork will not be responsible for the action of any users with respect to any information or materials posted in Public Areas.
You may not use the Services to do any of the following:
- Harass or encourage harassment of another person;
- Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or violate other rights (including privacy or publicity) of any other person;
- Perform any activities that are misleading, malicious, discriminatory, infringing, or could expose JetWork or users of the Services to harm or liability;
- Transmit any material or act that is hateful, threatening, abusive, tortious, defamatory, inflammatory, false, fraudulent, misleading, libelous, vulgar, obscene, pornographic (or that contains nudity), graphically or gratuitously violent, that violates anyone’s rights including intellectual property rights or proprietary rights, or is otherwise objectionable in JetWork’s sole judgment;
- Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
- Impersonate any person or misrepresent in any way your affiliation with a person;
- Transmit unsolicited mass mailings, “spam,” or advertising or promotional materials;
- Conduct contests, sweepstakes, or lotteries;
- Collect or store any information about other users, other than in the normal course of using the Services for its intended purpose;
- Transmit any virus, worm, defect, Trojan horse, or other similar destructive or harmful item, or any other automated means, information, or computer code that interrupts, destroys, or limits the functionality of any computer or telecommunications equipment;
- Use in any manner that could damage, disable, overburden, disrupt, or impair the Services or the network(s) connected to JetWork’s website, or interfere with any other party’s use of the Services;
- Disobey any applicable policies or regulations of networks connected to the Services;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble the Services;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
- Use an iFrame or offer web search functionality on JetWork’s website;
- Frame, reformat, or otherwise make the Services available to third-parties;
- Create user accounts using any automated means or under false pretenses;
- Prepare derivative works based on the Services; or
- Remove any proprietary notices, labels, or other identifying marks on content provided through the Services.
9. INTERNATIONAL USE
Any information, including personal information, that JetWork collects in providing the Services may be controlled, stored and processed in, and transferred among, any of its facilities and may be transferred to and through any country, including the Republic of Mexico and countries outside the European Economic Area which may not have privacy or data protection legislation and regulations comparable to the laws of the country in which you reside. Any information, including personal information, that JetWork collects in providing the Services may be controlled, stored, processed by, and transferred among third-party vendors or contractors JetWork engages to assist us in providing the Services. The location of our facilities and of such contractors may change from time to time, and JetWork may acquire new facilities and contractors. You expressly consent to all such control, storage, processing, and transfers.
11. COMMUNICATIONS AND ORDERS
The Services are a portal and information conduit to other websites and services offered by JetWork or its Providers. By activating certain links, including order-related links, you may be automatically connected with websites operated by Providers. If you use the Services to initiate communication regarding your staffing needs, the information you submit may be disclosed to, processed by, or responded to by Providers.
All communications you submit to JetWork through the Services or by email must be true, accurate, and complete. JetWork and its Providers will rely upon the truth, accuracy, and completeness of the communications you submit through the Services. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to JetWork, you and all persons you represent will be liable for any loss, damage, or additional costs that you, JetWork, its Providers, or any other persons may incur as a result.
You authorize JetWork and its Providers to: (a) accept communications they receive from you by means of the Services or other form of communication as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any of its Providers and JetWork employees by means of the Services, email, or other communications; and (c) respond to your communications by means of email or other communications. Communications you send to JetWork by means of the Services or other form of communication are not effective unless and until they are processed by the responsible JetWork representative.
JetWork may refuse to process any communications sent to JetWork at any time in JetWork’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) JetWork cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with JetWork; (c) JetWork considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
12. NO ADVICE
The Services are not intended to provide legal guidance or other expert advice on labor or employment matters, including, without limitation, those related to hiring practices, non-discrimination, wage and hours, taxes, or benefits. You should seek appropriate and qualified professional advice on such matters.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY JETWORKER AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SERVICES.
13. DISCLAIMER OF WARRANTIES
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION, DISRUPTION, OR INADVERTENT OR DELIBERATE BREACHES OF SECURITY OR PRIVACY. You are responsible for using appropriate software to meet your particular requirements for anti-virus protection and accuracy of data and output, as well as for backing up your data independent from the Services. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A BREACH OF SECURITY OR PRIVACY, OR FOR ANY VIRUS, MALICIOUS CODE, HACK OR CYBER ATTACK THAT AFFECTS THE SERVICES OR YOUR COMPUTER, DEVICE, PROGRAMS, OR DATA, DUE TO YOUR USE OF THE SERVICES.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
15. NO INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES
JETWORK AND THE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS OR OPPORTUNITY (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SERVICES BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY JETWORK OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM JETWORK OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT JETWORK OR ANY PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
JETWORK AND THE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY JETWORK TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY JETWORK IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO JETWORK BY MEANS OF THE SERVICES OR OTHER FORM OF COMMUNICATION, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SERVICES.
You shall indemnify, defend, and hold harmless, each of JetWork, its Providers, and their respective partners, agents, directors, officers, employees, and all other related associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, fines, penalties, judgments, awards, losses, expenses, and costs, including, without limitation, attorneys’ fees, in connection with any claim or demand arising out of, related to, or connected with your use of the Services or your breach of this Agreement. Without limiting the foregoing, the Indemnified Parties shall have the right to select their own counsel at your cost if they believe that there is an actual or potential conflict of interest. You may not enter into any settlement on behalf of any of the Indemnified Parties without the Indemnified Parties’ written consent. You agree to assist and cooperate as fully and reasonably required by the Indemnified Parties in the defense of any claim or demand.
17. INTELLECTUAL PROPERTY
JetWork and our licensors retain full ownership, intellectual property rights, and protection in all material contained in the Services including, but not limited to, all digital images, software, source code and other code, or business methods. Subject to the terms of this Agreement, you are granted a limited, non-sublicensable, revocable license to access and use the Services for lawful informational related purposes only. Access and use of any content, information, and related materials that may be made available through the Services is made available solely for your personal use. Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, modify, create derivative works from, download (other than the page caching), transfer, or sell any material contained within the Services, or use the Services other than for their intended purpose without the prior consent of JetWork or the respective own