This Terms and Conditions (this “Agreement or Terms”) shall govern your use of Premium Resume Package and other related services by Ibex Financial and Management Consulting (“Ibex”, “www.jobibex.com” or “we” or “us”) as offered from time to time, unless other terms and conditions expressly govern. The User of the website (“User”) must carefully read and agree to the following Terms including any future amendments before using the website.
These Terms govern User’s access to and use of the website, mobile application or other online products & services where these Terms are posted (“Site”). By using or connecting to the Site through a third party or by accessing, browsing, or using the Site in any manner, User agree to be bound to these Terms and our Privacy Policy, whether or not User registered with the Site. The Site reserves the right to deny access to any person who violates these Terms.
We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, User access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Product
The term “Product” refers to Job Assistance Services including other services available from us, including but not limited to Premium Resume Services for the Users.
The User is required to purchase anything for the use of Product. The User, who has subscribed for the specific Products available on the Site, shall have the right to access those Products. We may also change, suspend or discontinue any aspect of Product at any time, including the availability of any Product or Service. We may also impose or limit any feature or restrict access to User to parts or all of the Product or Service without notice or liability. We reserve the right to modify the Product at any time, without any prior approval or consent from the User. The User shall have the access to the Product as per applicable enrollment fee.
Processing and Payment
We shall process User’s purchase as promptly as soon as possible. There may be a delay in the activation of Product while payment details are verified. To the extent permitted by the applicable law, payments are non-refundable and User agrees that the Product once subscribed to by the User is not refundable and all amount(s) paid shall stand appropriated. We reserve the right to refuse service/registration to any person or User at any point of time without giving any prior notice and without assigning any reason whatsoever.
Content
We authorize User to view and access the Content available on or from the Site solely for their personal use only. The Content of the Products are intended for User’s personal, noncommercial use. All materials or Products published or available (including, but not limited to text, photographs, graphics, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, arrangement & assembly, all also known as the “Content”) are protected by copyright, property and owned or controlled by us or the party credited as the provider of the Content. User shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Products. We grant User a limited, non-exclusive, non-transferable right to access the Product and Content. Except for the foregoing, no right, title or interest shall be transferred to User.
User must not copy, sell, reproduce, republish, upload, post, modify or modify the said Content, transmit or distribute such Content in any way, including by e-mail or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of the owner, modification of the Content and or use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which User receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. User shall not copy or adapt our code that is created to generate any Content or the pages making up any of its website which is also protected by our copyright.
Privacy
By using the Products of us, User hereby agrees and indicate that he or she has understood the disclosure practices described in the Privacy Policy.
User hereby expresses his or her interest and accord its willful consent to receive communication (including commercial communication) in relation to Products provided by us. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the ITA guidelines and User has specifically opted to receive communication in this regard on the telephone or mobile number provided by him or her.
User arrangement with Bank
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these Products and Services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank. In case of any chargebacks or dispute raised by the User we are in no way obligated or required to refund the amount for whatever which was purchased.
General Terms
Rights and Duties of the User
- User shall be solely responsible for maintaining the confidentiality of their account, user name and passwords and for restricting access to its computer to prevent unauthorized access to the account. User must take all necessary steps to ensure that the password is kept confidential and secure. User shall be solely responsible for all activities happening under its Username whether authorized or not. User agrees to immediately notify us in case of any unauthorized use of its Account and Password or User has any reason to believe that the password has become known to anyone else.
- User shall be responsible for use of the Site, for any entries/posts/blog that User uploads or makes, and for any consequences arising thereof. The User agrees to use the Site in accordance with all laws, rules and regulations, as applicable from time to time, including without limitation IT laws and laws relating to unfair competition, antidiscrimination, false advertising and defamation. The User further agrees that the usage of Site by the User shall not violate any third-party rights including but not limited to Intellectual Property Rights, Right of Privacy and Right of Publicity. In addition to above, the User will not use the Site in order to transmit, distribute, store or destroy material, including without limitation IBEX’s Content, that is defamatory, obscene, threatening, abusive or hateful. Any violation of any of the foregoing, including the terms and conditions mentioned herein shall result in immediate termination of this Terms and Conditions. Moreover, we reserve the right to seek damages from any such User to the extent permitted by law.
- User is also prohibited from violating or attempting to violate the security of Site, including, without limitation the following activities:
- Accessing data not intended for such User or logging into a server or account which the User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to web-Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting the User who are involved in such violations.
- The Contents of specific postings made by the User are posted and are the responsibility of the User who makes such postings. We reserves the right to filter out postings which may carry offensive, harmful, inaccurate, pornographic content or content which infringes on the Intellectual Property Rights of any third party or any rights of publicity or privacy or is defamatory, libelous, threatening or harassing or is indecent and contains any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or otherwise inappropriate content, it does not take any responsibility for such content and/or for deceptive, mislabeled or defamatory content. We provide a platform to access the content posted by the User by using the Services of the Site. The User is expected to take necessary precautions and comply with various provisions of laws while uploading any contents on the Site.
- We specifically prohibit the posting of User’s Content which provides the following and/or has the effect of the following; The list below is for illustration only and is not a complete list of all prohibited User Content. The User Content:
- Is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Harasses, incites harassment or advocates harassment of another group or individual.
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”.
- Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or which amounts to contempt of any judicial authority.
- Contains restricted or password only access pages, or hidden pages or images
- Displays or links to obscene, indecent pornographic, material of any kind.
- Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.
- We reserves the right without prior notice to access, read preserve and/or disclose the personal information of the User including the content of the postings/blogs if the same is required:
- In order to comply with any court judgment/decree/order/directive.
- By any legal/government authority.
- By applicable law.
- By professional/legal advisers, directors, employees/agents/representatives of IBEX in connection with this Agreement or otherwise.
- For investigating potential violations of the terms herein or applicable national & international laws.
- For investigating deliberate damage to the Products & Services or its legitimate operation.
- For responding to service support requests or.
- For protecting the rights, property or safety of IBEX and/or its Directors, employees and the general public at large.
- We reserve the right to store and process the personal information provided by the User in the Sultanate of Oman or any other country where Ibex or its agents/representatives/group companies maintain storage and processing facilities and the User by using the services herein consents to any such transfer of information outside Sultanate of Oman without prior notice.
- We shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any postings/blogs posted by the User by using the Products & Services herein or personal information provided by the User or any other communication maintained by the Service. Further, we reserve the right to create limits on use of the said Product & Service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.
- We do not warrant that web-Site will operate without any technical error and is free from any computer viruses or other harmful mechanisms. We shall not be liable in any manner whatsoever for any consequences, claims, damages, costs etc. arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of IBEX. We to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the Site.
- We shall not be responsible or liable in any manner whatsoever for the exercise or non-exercise of its rights herein.
- All IBEX trade names, trademarks, logos, domain names including without limitation www.jobibex.com, all content on www.jobibex.com, are the exclusive property of Ibex and the User shall not use the same without the prior written permission of Ibex.
- We reserve the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Site and/or terminating the offending User’s ability to access the Site and/or use IBEX’s services. We may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for us or may cause us to lose (in whole or in part) the services of its ISPs or other suppliers.
- We reserve the right, in its sole discretion, to amend or revise these terms & conditions at any point of time, without prior notice and the User agrees to be bound by such amendments or revisions. It is therefore suggested that the User must periodically review the updated version of these terms & conditions.
Disclaimers of Warranties and Limitation of Liability
USER HEREBY AGREE THAT HIS OR HER ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS AND CONTENT, AVAILABLE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND HT SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without prejudice to the forgoing paragraph, we do not warrant that:
This Site will be constantly available or available at all; or the information on this Site is complete, true, accurate or non-misleading.
This Site will be constantly available or available at all; or the information on this Site is complete, true, accurate or non-misleading.
We will not be liable to User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Site. We do not warrant that this Site; information, Content, materials, Product (including software) or Services included on or otherwise made available to User through the Site; their servers; or electronic communication sent from us are free of viruses or other harmful components. All the Contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.
The information from or through this Site is provided on “AS IS” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, Service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. Certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control or connection, business or otherwise as these Sites are external to us. User hereby agrees and understands that by visiting such Sites User is beyond the HT’s website. We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/Services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these Sites.
IBEX AND ITS AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS (“THE HT PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO USER OR ANY OTHER PERSON AS A RESULT OF ACCESS OR USE OF THE PRODUCTS OR SERVICES OR CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
Indemnity
User shall indemnify and hold harmless IBEX its owner, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of User breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Communications
When User visits the Site, User is communicating with us electronically. User will be required to provide a valid phone number or e-mail while placing an order with us. We may communicate with User by e-mail, SMS, phone call or by any other mode of communication. For contractual purposes, User consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to User use of the Site and/or User order placed on the Site.
Children
Use of Site is available only to Users or persons who can form a legally binding contract under the Omani Laws. If you are a minor i.e. under the age of 18 years, you may use Site only with the involvement of a parent or guardian.
Applicable Law
Terms of Use and all the disputes arising between the User and Ibex shall be governed by and interpreted and construed in accordance with the laws of the Sultanate of Oman. The place of jurisdiction shall be exclusively in The Sultanate of Oman.