Terms of Use
Last updated: 21/07/2023
TERMS OF USE
1. INTRODUCTION
Welcome to Docquity Holdings Pte. Ltd.! These terms/ conditions/ stipulations/ provisions enumerated herein constitute a legally binding contract between you, a User (Casual Visitor or Signed-Up Member), and Docquity Holdings Pte. Ltd. and / or its affiliates / associate/ group companies (“Company”, “we”, “our”, “us”).
You, by having accessed/ visited our web pages and/ or used/ availed/ exploited any of our proffered services/ facilities located/ provided/ made available, from time to time thereat or therein (“Services”), for any purpose whatsoever, at any of the webpages of https://doctorjobs.today/ (“Platform”), will be deemed to have intended unconditionally and absolutely to be agreed, expressly/impliedly/ implicitly by actions/ gestures, to have been legally bound by these hereunder enumerated applicable Terms of Use (“Terms”, “Terms of Use”), which, at the sole discretion and/ or with absolute right of the Company, are subject to modification/ amendment of every nature/ sort unilaterally by the Company, without any binding consultation/ advice from the Users and/or stakeholders. The Company, however, may seek feedback/ suggestions from its Users and stakeholders, which shall not have any binding force on the Company.
These Terms intend to govern and/ or regulate User’s access/ use of our Platform, in every possible manner, with a view to secure adequately the interests of stakeholders and in order to ensure such access/ use, in reasonably possible manner, being fair, ethical legitimate and legal.
By the point of time you bump into/ access/ use our Platform and/ or avail/ exploit any service/ facility being proffered thereon, directly or indirectly, as a User, you are absolutely and unconditionally bound by these Terms. Moreover, our Privacy Policy governs and/ or regulates User’s access/ use of our Platform and/or availment/ exploitation of any service/ facility being proffered/ made available thereon, and explains/ describes the manner in which we collate, garner, gather, collect, safeguard, secure, disclose, share, analyse, use and/ or exploit the personal data/ information in connection with/ in relation to User’s use/ access of the Platform and/ or avail/ exploit any service/ facility being proffered thereon. We encourage you to take a hiatus and skim gingerly through our Privacy Policy present at https://doctorjobs.today/privacy-policy, since by accessing/ using the Platform and/or availment/ exploitation of any service/ facility being proffered/ made available thereon, in any way, you absolutely and unconditionally consent to have been legally bound, in addition to these Terms, by such Privacy Policy of ours.
Your agreement with us constitute a legally binding contract and inter-alia includes these Terms and our Privacy Policy (“Agreements”). You have, by having accessed our platform and/ or used/ availed/ exploited any of our services/ facilities being proffered/ made available thereon, unqualifiedly, acknowledged that you have read and understood the Agreements in full and complete sense, including the User’s duties/ obligations, and consequential implications/ effects, if any, arising therefrom, and have expressly/ impliedly/ implicitly, by actions/ gestures, agreed to be legally bound by them.
In case you, as a User, do not agree with any of the stipulation/ condition/ covenant of/ in Agreements, or in any manner or for any purpose cannot comply/ adhere thereto, then you have hereby been provided the option to not use/ access the Platform in any manner and/or use/ avail/ exploit any of our services/ facilities being proffered/ made available thereon for any purpose whatsoever. However, in case of your disagreement with any of the stipulations/conditions/ covenants of/in Agreements, you are requested to please let us know about such disagreement via writing to us at our dedicated email: doctorjobstoday@docquity.com, so as to enable us to make an endeavouring effort to find and thereby tailor a solution thereof. These Terms apply to all Users, without any exception, who wish/ intend to access/ use the Platform and/or avail/ exploit any service/ facility being proffered/ made available thereon.
Thank you for your time, patience and for being a responsible User.
For your perusal, the applicable Terms are hereunder elaborated at length. However, a caveat, at the cost of repetition, is being rendered here that these Terms may be modified/ amended unilaterally, without any prior notice or seeking any binding suggestions/ consultation/ advice from any of the stakeholder/ User, by the Company at its sole discretion and/ or with absolute and unconditional right.
2. COMMUNICATIONS
By creating an account, via voluntary signing-up, on our Platform for whatever purpose, you agree to become a Member (either as an employer or as a candidate looking for job opportunities), and subscribe and permit us to communicate/ send our informational/ promotional newsletters and/ or marketing and/ or other advertising materials/ information, with a view to keep you updated, by dint of any means/ modes of communication. You may, however, opt out to receive any, or all, of such communications from us by clicking the ‘unsubscribe’ link/ option available in the communication or at the Platform or by writing an e-mail to that effect at doctorjobstoday@docquity.com.
We hereby reserve, and so possess an unconditional and absolute right, albeit not to be considered/ regarded as an obligation/ duty in any manner whatsoever, to reach out to the potential/ probable candidates in order to, among other things, recommend/ suggest suitable job offers posted/ published by Employers on the Platform, after reviewing aptly the requirements of the Users, i.e., the Employers and the Candidates.
Unless expressly specified otherwise, any notices or other communications addressed to/ by Users for any purpose whatsoever, which have been expressly or impliedly permitted or required to be communicated/ conveyed under these Terms, will be provided/ conveyed/ communicated electronically to/ by the Company via a designated and declared e-mail/ through a dedicated modus operandi over the Platform/ an instant-messaging facility, operated either by algorithmically-designed bot or otherwise.
3. PAID SERVICES
Primarily, our basic Services are free and you are not required to make any payment for accessing/ using such Services through/ over the Platform. We, however, offer and provide certain value-addition premium services for the Users, as Employers, with a view to facilitate, assist and serve them to meet their specific needs, which requires chalking out a strategically-tailored review of Employer-oriented desiderata and thereby putting into effect the customised efforts of our dedicated team to help the Users, as Employers, to find an impeccably suitable candidature.
Should you intend/ wish to avail any of our value-addition premium Services, you unconditionally and absolutely ee to pay us the requisite fees/ charges as applicable from time to time for such value-addition premium services, on the terms and conditions stipulated hereat in a separate document, accessible at [Please insert the link].
4. CONTENT
Generally, our Service allows you to post, publish, endorse, advertise, link, save, store, share and otherwise make available certain information, text, graphics, visuals, icons, audios, videos or any other material of any kind/ nature capable of being perceived by any biologically-endowed sensory faculty (“Content”). You are solely, exclusively and wholly responsible/ liable/ accountable, in terms of legality, mendacity, ethicality, trueness, reliance, aptness, correctness, for the Content that you post/ publish/ share directly or indirectly, voluntarily or otherwise, on/ through/ via Platform and/ or Service.
By posting/ publishing/ sharing/ endorsing/ advertising Content on/ through/ over the Platform and/or Service, you represent, validate, endorse, certify and warrant that:
(i) Content exclusively and solely belongs to you, and/ or;
(ii) the property in Content is absolutely owned by you, either singularly or otherwise, and/ or;
(iii) you have the right to use/ exploit/ share/ publish/ post/ disclose/ divulge the Content, and/ or;
(iv) you have the right to grant unconditionally and absolutely the rights/ license/ title/ interest/ property extant therein in the Content as provided in these Terms, and in case any pre-requisite of permit/ license is to be complied with/ adhered to, you will be deemed to have obtained/ acquired such necessary permission/ license without having been resorted to any unfair, illegal and mala-fide means/ methods/ modes/ mechanism for such acquisition/ obtainment, and;
(v) the posting/ publishing/ endorsing/ sharing/ linking/ advertising your Content on/ through/ over/ via our Platform does not violate any of your rights, legal or otherwise, including privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any individual or person, natural or juristic or otherwise.
Without prejudice to any legal action, we absolutely, unqualifiedly and unconditionally, absent any prior notice thereto, reserve and possess the absolute and unconditional right to terminate and/or suspend temporarily/ permanently the account of any Member found to be infringing/ contravening/ infracting on a copyright.
You retain any and all of your rights/ title/ interest, whether partial or full, to/ in any property in Content, that you submit, post, publish, advertise, endorse, share or display on/ through/ via Service, and you are exclusively, solely and wholly responsible/ liable/ accountable for protecting/ securing/ safeguarding such rights/ title/ interest. We, at the outset, affirm to assume/ have/ take no responsibility/ liability/ accountability, in legal or other terms, for the Content you or any third party posts/ publishes/ shares/ advertises/ endorses/ displays/ demonstrates on/ over our Platform. You, nonetheless, by having posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated the Content via/ through/ over accessing/ using Platform and/or using/ availing/ exploiting any of the Service therein/ thereat, you unconditionally and absolutely grant/ assign/ convey/ transfer us the right and license to use, modify, amend, rectify, share, transfer/ convey/ assign/ publicly perform, publicly display, reproduce, and distribute, in any manner we wish, such Content on/ through/ over our Platform. You unconditionally and absolutely agree and affirm that this license, among others, comprehends the right for us to make “your” Content available to other Users of Service, who may also use/ exploit your Content, subject to these Terms.
The Company has the unconditional and absolute discretionary right, but not the saddling/ binding obligation/ duty as such, to monitor/ overlook/ supervise and/ or edit/ modify/ alter/ amend/ change the Content posted/ published/ shared/ advertised/ endorsed/ displayed/ demonstrated by Users on/ through/ over the Platform. Additionally, the Content found on/ through/ over the Platform and/ or Service therein/ thereat are the property of Docquity Holdings Pte. Ltd. or used with the requisite permissions. You may distribute, modify, transmit, reuse, download, repost, copy, use or exploit only such Content that is posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated by you only; and no such other Content which may be posted/ published/ advertised/ endorsed/ shared/ displayed/ demonstrated by other Users (such as other Employers), whether in whole or in part, be used/ exploited in any manner whatsoever for commercial purposes or for personal gain(s), without a written express advance written permission and/ or approval from us.
5. PROHIBITED USES
You may access/ avail/ use/ exploit any Services for lawful purposes only and in strict accordance with these Terms herein. You, inter-alia, agree, affirm and undertake not to access/ avail/ use/ exploit any Services:
(a) In a way/ manner that may/ shall constitute any violation/ infringement/ contravention/ infraction of any applicable national or international laws or regulations;
(b) For the purpose of/ with an intent to exploit, harm and/ or attempting to exploit or harm minors in any way/ manner by exposing them to inappropriate/ malicious content or otherwise;
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate the Company, a Company’s employee, another User, or any other individual or person, whether natural or juristic or otherwise.
(e) In any way that infringes and/ or impinges upon the rights of others, or in any way amounts to illegal, threatening, fraudulent, illicit, prohibited, proscribed, unwarranted or harmful act/ omission, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct/ act/ omission that amounts to unauthorised impede/ restriction/ inhibition/ limitation of anyone’s use/ availment/ access/ enjoyment of Service, or which, as determined periodically by us, may harm or offend the Company or Users of Service or expose them to any responsibility/ accountability/ liability, of any nature whatsoever.
Additionally, you unconditionally agree and undertake not to:
(a) Use any of the Service in any manner that could disable, overburden, damage, or impair Services, or interfere and/or impede with any other party’s use of Service, including their ability to engage in real time activities through Service;
(b) Use any robot, spider, or other automatic device, process, or means to access/ visit to Platform and/ or avail/ use/ exploit any Service thereat/ therein for any purpose whatsoever, including monitoring/ analysing or copying any of the material/ Content on Service.
(c) Use any manual process/ procedure to monitor or copy any of the material/ Content on/ over the Platform or any Service thereat/ therein or for any other unauthorized purpose without our prior express written consent;
(d) Use any device, software, or routine that interferes with and/ or impedes the proper working of any Service;
(e) Introduce and/ or attempt to introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the access/ visit to the Platform and/ or access/ availment/ use/ exploitation of Service thereat/ therein;
(f) Attempt to gain or gains any unauthorized access to, interfere with, impede, damage, or disrupt any parts of Service, the server on which Service is stored, or any other server, computer, or database connected in any manner to the Service;
(g) Attack provision of Service in any manner, via a denial-of-service attack and/ or a distributed denial-of-service attack;
(h) Take and/ or attempt to any action that may damage or falsify Company rating and/or image;
(i) Otherwise attempt to interfere with the proper working and/or operationalization of Service.
6. ROLES AND RESPONSIBILITIES OF THE MEMBERS AS EMPLOYERS
If you are a company/ entity/ organization/ association and is using/ availing/ accessing/ exploiting our Service through/ via the Platform for posting job offerings/ vacancies (“ Member Employers”) to hire/ engage healthcare professionals/ doctors in any capacity whatsoever (“Member Candidates”), you hereby unqualifiedly and unconditionally agree and undertake to:
(a) Post/ publish/ advertise authentic and valid job offerings/ vacancies and/or Content on/ over the Platform to hire/ engage potential Member Candidate(s);
(b) Hold the interview process, screening of Candidates and any other procedure, as required, to hire/ engage the Member Candidates, and shall communicate with the potential Member Candidates only through the official e-mail registered with the Company;
(c) Apprise us regarding the credentials/ details of the potential Member Candidate(s) that you are willing to hire/ engage, and provide any other information regarding such Member Candidate, if requested by us.
(d) Update, if requested by us, regarding the selection process, including the interview and screening process and session, held by you, your experience with the potential Member Candidates and the employment/ engagement of Member Candidates in your company/ entity/ organization/ association.
(e) Keep your login credentials confidential, and share it only with the authorised individuals of your company/ entity/ organization/ association, and only allow such authorised individuals to post/ publish/ advertise any of the job offerings/ vacancies and/or Content.
(f) Not to distribute/ transfer/ share/ forward in any manner the professional and personal credentials/ information (such as your Curriculum Vitae, medical registration proof, etc.) of the Member Candidates, whether potential or not, to any of the third parties, including your sister concerns of any nature.
(g) On having signed up as a Member Employer, every such Member Employer unconditionally acknowledges the absolute and unconditional right of the Company to scrape/ copy/ import any post/ publication/ advertisement in respect of any job offering(s)/ vacancy(s) and/ or invitation(s) of such a nature as seeking/ inviting applications from potential Member Candidates, that such concerned Member Employer may have uploaded/ posted/ published/ advertised or likewise or caused to have it uploaded/ posted/ published/ advertised or likewise on its own website or on some other third-party website or on some other media evidencing its intention of seeking/ inviting applications for any job/ vacancy available at the office of healthcare professionals/ medicinal doctors/ medical personnel or likewise. However, the legitimacy, legality, validity, authenticity and genuineness of such post/ publication/ advertisement or likewise and any liability / accountability/ responsibility arising therefrom, if any, shall exclusively vests with the concerned Member Employer only;
(h) Every post/ publication/ advertisement or likewise made on/ over the Platform in respect of any job offering/ vacancy shall be deemed to be valid, genuine, legitimate, legal and authentic, and any sort of liability, accountability, responsibility or damage arising in consequence to or in respect of any infraction/ infringement/ breach/ contravention thereof shall, at the exclusion of the Company, absolutely vest with the concerned Member Employer only.
Further, we hereby unconditionally and unqualifiedly reserve the right to review and edit the Content in relation to job offerings/ vacancies or otherwise, which the Member Employer wishes to upload/ have uploaded on/ over the Platform, and promote/ publish/ post/ endorse such uploaded jobs offerings on various other platforms, websites, mobile applications, if any, of the Company or via e-mails to other healthcare professionals and Member Candidates.
7. ANALYTICS
We may, at our sole and exclusive discretion with absolute right, use third-party Service Providers to monitor/ supervise and analyse the use/ availment/ access/ exploitation of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page at: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
8. NO USE BY MINORS
Platform and Service are intended only for access/ availment. Exploitation and use by only such individuals who have attained the legally permitted age, as applicable and in effect in your respective jurisdiction. By accessing/ visiting/ exploiting/ availing and/ or using any of the Company’s Service or its Platform, you hereby warrant and represent that you, having been attained such permitted age, are not a minor, and possess and carries full authority, right, and capacity to enter into the Agreements and unconditionally abide by and complies with all of the terms/ conditions/ stipulations/ provisions of these Terms. If you are a minor, you are absolutely and unqualifiedly prohibited from both the access/ visit/ usage/ availment/ exploitation of Platform and the Service thereat/ therein.
9. ACCOUNTS
When you create an account, via signing up in any manner, with us, you guarantee that you have attained the legally permitted age for such creation, as applicable in your concerned jurisdiction, and that the information and/ or data you provide to us is accurate, complete, true and current, to the best of your knowledge, at all times. Any inaccurate, mendacious, incomplete, or obsolete information may, at exclusive and sole discretion with absolute right of the Company without any prior notice to such effect, result in the immediate termination and/ or suspend of your account on Service.
You are exclusively, solely and wholly responsible/ liable/ accountable, in legal or other terms, for maintaining the confidentiality of your account and its password, including but not limited to the restriction of access to your computer and/or account. You hereby agree to accept responsibility/ liability/ accountability for any and/ or all activities or actions that occur under/ in the name of your account and/or password, whether your password is with us or a third-party service. You must notify us immediately upon having become aware of any breach/ infringement/ contravention/ infraction, in any manner whatsoever, of security and/ or unauthorized use/ access of/ to your account.
You will not use, as a username and/ or other details required for such signing up and/or otherwise, the name/ email address/ trademark or any other credentials of another individual or person, natural or juristic or otherwise, that is not lawfully available for use, that are subject to any rights/ title/ interest of such other individual and/ or person other than you, without appropriate authorization/ license/ permission, if any. You will not use as a username or profile name any name that is offensive, vulgar, obscene or of like nature or kind.
We hereby unconditionally reserve the right to refuse Service, terminate and/ or suspend accounts, remove, obviate or edit Content, or cancel orders in our sole discretion.
10. INTELLECTUAL PROPERTY
Service and its original content (excluding Content provided/ produced/ published/ generated/ posted/ advertised by Users), features and functionality are and will invariably remain the sole and exclusive property of the Company and its licensors, if any. Service stands absolutely protected by copyright, trademark, and other laws of every foreign nation wherein the Platform is/ was being accessed/ availed/ visited and/ or Services therein/ thereat have been/ had been availed/ accessed/ used/ exploited. Our trademarks and trade dress shall not be used in connection with any product or service, without our prior express written consent.
You hereby acknowledge and unconditionally agree, in legal terms, that the name “Docquity”, and other Company logos, designs, features and like, and product and service names are the exclusive trademarks of, and are absolutely owned by the Company, and you will not use or display, in any manner, such trademarks in any advertising, publicity or in any other commercial manner or otherwise without the Company’s prior express written permission to that effect. Any third-party trademarks or service marks displayed on the Platform and/ or Service are the property of their respective owners. Your use/ access/ visit/ availment/ exploitation of the Platform and the Services therein/ thereat grants you no right to reproduce, license or otherwise use, in any possible manner, any such trademarks, logos, or other proprietary marks.
You are not granted any intellectual property rights owned by the Company, except the ones expressly granted in these Terms, and such rights are hereby unconditionally and absolutely reserved and retained by the Company.
Furthermore, you acknowledge and agree to the effect that in the event of any third-party claim against you, the Platform and/ or Services and/ or your possession or use, in any possible manner of widest amplitude, of the Platform and/ or Services infringes any third-party’s intellectual property rights, you (and not the Company) will exclusively, solely and wholly be responsible/ liable/ accountable for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, undertake to promptly notify us in writing of such a claim.
11. ERROR REPORTING AND FEEDBACK
You may report us directly at doctorjobstoday@docquity.com with any information and/ or feedback, concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You hereby acknowledge and unconditionally and unqualifiedly agree that:
(i) you shall not retain, acquire or assert any kind of intellectual property right or other right, title or interest of any nature or kind in or to the Feedback;
(ii) the Company may have development ideas similar/ identical to the Feedback;
(iii) Feedback does not contain any confidential information or proprietary information of such a kind that would on such reporting to us amount to a breach/ infringement/ contravention of any nature; and
(iv) Company is not/ will not be under any kind of obligation of confidentiality with respect to the Feedback.
In case the transfer of ownership to/in the Feedback is not possible due to applicable mandatory laws, you unconditionally and absolutely grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, in widest possible manner, (including but not limited to copy, modify, create derivative works, publish, distribute and commercialize) Feedback for any purpose whatsoever.
12. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned/ operated/ regulated/ controlled by the Company. The Company exercises no control/ supervision/ regulation over, and assumes no responsibility for the content, privacy policies, or practices of any such third-party web sites or services. We do not, in any manner, warrant the offerings of any of these entities/individuals or their websites.
YOU HEREBY ACKNOWLEDGE IN ENTIRETY AND AGREE UNCONDITIONALLY AND ABSOLUTELY THAT Docquity Holdings Pte. Ltd. SHALL NOT BE RESPONSIBLE OR LIABLE OR ACCOUNTABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER 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 OR OVER ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE AND RECOMMEND YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES AS APPLICABLE THERETO OF ANY SUCH THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT/ ACCESS/ USE.
13. DISCLAIMER OF WARRANTY
THESE SERVICES ARE BEING PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE/ ACCESS/ AVAILMENT/ EXPLOITATION OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR OWN EXCLUSIVE AND SOLE RISK.
NEITHER COMPANY NOR ANY PERSON, WHETHER NATURAL OR JURISTIC OR OTHERWISE, ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR ACQUIRED OR ACCESSED OR AVAILED THROUGH OR VIA OR OVER THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED OR ACQUIRED OR ACCESSED OR AVAILED THROUGH OR VIA OR OVER THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RECTITUDE, AND FITNESS FOR ANY PARTICULAR OR GENERAL PURPOSE WHATSOEVER.
COMPANY HEREBY CLARIFIES TO THE EMPLOYER MEMBER THAT IT DISCLAIMS ALL SORT/ KIND OF WARRANTIES/ GURANTIES/ ASSURANCES, VERBAL OR NON-VERBAL, EXPRESS OR IMPLIED, HAVING LEGAL OR OTHER EFFECT, TO THE EFFECT THAT THE MEMBER CANDIDATES, POTENTIAL OR ENGAGED, WILL ABIDE BY AND COMPLY WITH ANY OFFER LETTER/ AGREEMENT/ CONTRACT, IF ANY, ENTERED BETWEEN SUCH EMPLOYER MEMBER AND MEMBER CANDIDATE,
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, YOU WILL ABSOLUTELY AND UNCONDITIONALLY HOLD AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, GROUP COMPANIES, AFFILIATES, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, ASSOCIATED OR CONSEQUENTIAL DAMAGE AND/ OR HARM OF ANY NATURE WHATSOEVER AND HOWSOEVER IT ARISES (INCLUDING, BUT NOT LIMITED TO, ALL COSTS AND EXPENSES INCURRED ON ACCOUNT OF ATTORNEYS’ FEES, LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION OR ANY OTHER LEGAL OR NON-LEGAL ACTION, OR ARISING OUT OF OR IN CONNECTION WITH OR IN RELATION TO THE AGREEMENTS, INCLUDING, BUT WITHOUT LIMITATION TO, ANY CLAIM FOR PERSONAL INJURY/ COMPENSATION/ DAMAGES, WHETHER PECUNIARY OR OTHER, OR PROPERTY DAMAGE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR INTERESTS THEREIN OF THE COMPANY, INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR INTERESTS THEREOF, ARISING FROM OR IN RELATION TO OR IN CONNECTION WITH THE AGREEMENTS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS ANY LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES, HOWSOEVER EXCEPTIONAL OR EXTRAORDINARY, WILL THERE BE ANY CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. TERMINATION
We may, at/ under our sole and exclusive discretion, terminate and/ or suspend your account and bar access/ use/ availment to/ of our Platform forthwith, without any prior notice or otherwise to any Member, for any reason whatsoever, and without limitation, including but not limited to a breach of these Terms.
If you intend/ wish to terminate your account with us, you may simply discontinue using Platform and deactivate your account.
All conditions/ stipulations/ provisions of these Terms, which by their nature should survive termination shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event of such termination, we unconditionally and absolutely reserve the right to maintain, delete or destroy all communications, personal information, Personal Data (as defined in the Privacy Policy) and materials/ Content posted/ published/ uploaded on/ over the Platform.
16. GOVERNING LAW
These Terms shall be exclusively governed and construed in accordance with/ in conformity with/ in consonance with the applicable laws of the Republic of Singapore, without having regard to its conflict/ inconsistency with any of the legal provisions thereof. Our failure, for any reason whatsoever, to enforce/ effectuate any right/ condition/ stipulation/ provision/ term of these Terms enumerated herein shall not be considered a waiver of the said right/ condition/ stipulation/ provision/ term. If any condition/ stipulation/ provision/ term of these Terms is held to be invalid or unenforceable by a court/ tribunal/ any other authority of competent jurisdiction, the remaining provisions of these Terms will remain intact and in effect.
These Terms constitute and comprise the entire agreement between you, a User, and the Company, regarding the access/ availment/ visit Platform and/or use/ availment/ exploitation of Service thereat/ therein, and hereby supersedes and replaces/ supplants any prior agreements we might have had betwixt us regarding thereof.
17. CHANGES TO PLATFORM/ SERVICE
We absolutely and unconditionally, at our sole and exclusive discretion without any prior and/ or post notice/ approval from any User and/or stakeholder , reserve the right to withdraw/ amend/ alter/ change/ modify our Platform and/ or any provision of Service thereat/ therein. We shall not be accountable/ liable/ responsible if, for any reason whatsoever, all or any part of Service is unavailable at any time/ for any period. From time to time, we may, at our sole and exclusive discretion without any prior and/ or post notice/ approval from any User and/or stakeholder, restrict and/ or limit access and/or usage to some parts/ portion of Service, or the entire Service, to Users only, including registered Users.
18. AMENDMENTS TO TERMS
We may, at our sole and exclusive discretion and/ or with absolute right, amend/ alter/ change/ modify, in any manner whatsoever, any of the provisions/ conditions/ stipulations/ terms enumerated herein these Terms at any time, without seeking any prior notice/ permission from any of the Users and/ or stakeholders, by posting/ publishing such amended/ altered/ changed/ modified provisions/ conditions/ stipulations/ terms on the Platform. It is your exclusive responsibility to review these Terms periodically. Your continued use/ access/ visit of/ to the Platform, following the posting/ publishing of such revised Terms shall be deemed to have always meant that you accepted/ affirmed/ agreed to such revision. You are expected to frequent periodically the Platform so as to be aware of such revisions, since they would have a binding force and enforceable effect on you since you first revisited/ accessed/ used our Platform post such revision.
By continued access/ availment/ exploitation/ use of our Platform and/ or Services made available thereat/ therein, after any revisions become effective, you agree and/ or affirm to be absolutely and unconditionally bound by the revised terms. If you do not agree and/ or affirm to the new revised provisions/ conditions/ stipulations/ terms, you are no longer authorized to access/ avail/ exploit/ use of our Platform and/ or Services made available thereat/ therein.
19. WAIVER AND SEVERABILITY
No waiver by the Company of any condition/ provision/ stipulation/ term set forth or posited in the Terms herein shall be deemed to be a further or continuing waiver of such condition/ stipulation/ term or a waiver of any other condition/ provision/ stipulation/ term, and any failure of the Company to assert/ affirm a right or provision/ condition/ stipulation/ term hereunder the Terms shall not comprise/ constitute a waiver of any such right or provision/ condition/ stipulation/ term.
If any provision/ condition/ stipulation/ term of these Terms is held/ pronounced by a court/ tribunal/ any other authority of competent jurisdiction to be invalid, illegal or unenforceable for any reason whatsoever, such provision/ condition/ stipulation/ term shall be eliminated or severed only to such extent of invalidity/ illegality/ unenforceability, and the remaining provision/ condition/ stipulation/ term of these Terms will continue to have full force and effect.
20. RELATIONSHIP
As a result of these Terms, including the access/ visit of Platform or availment/ exploitation/ use of the Services thereat/ therein, no joint venture, partnership, employment or agency relationship/ association exists or shall be deemed to have ever existed betwixt you and the Company. Neither shall you nor shall any of your agent/ partner/ employee, if any, hold/ represent/ personate, in any manner whatsoever, as an agent, employee, partner or representative of the Company.
21. HEADINGS
The heading references contained/ provided herein are for convenience/ ease of reference purposes only, and do not constitute/ comprise a part of these Terms, and shall not be deemed to limit or affect any of the stipulations/ conditions/ terms mentioned/ specified expressly/ impliedly hereof.
22. INTERPRETATION
In case of obfuscation or vacillation, the Company hereby affirms and declares to the effect that it, solely and exclusively, reserves the right to interpret/ elucidate/ clarify the meaning, implication, significance and effect of any words/ terms/ stipulations/ conditions/ terms specified/ mentioned either expressly or impliedly under/in the Agreements.
23. ASSIGNMENT
You will not assign/ transfer/ convey/ delegate these Terms, and/ or your rights and obligations specified/ arising hereunder and/ or consequential hereto, without our prior written express permission. We may, however, without restriction assign, transfer, convey or delegate these Terms and/ or any rights and obligations specified/ arising hereunder and/ or consequential hereto, on our sole and exclusive discretion.
24. ACKNOWLEDGEMENT
By accessing/ using our Platform and availing/ exploiting/ using any Service thereon or thereat and/ or any other additional or associated services, if any, offered and provided by us and thereby accessed/ availed/ used/ exploited by you, you hereby unconditionally and voluntarily acknowledge that you have read and understood these Terms of Use, and their consequential implications and/ or effects thereto, if any, in full and complete sense, and hence agree, unconditionally, absolutely and without any reservation, to be legally bound by them.
25. FEEDBACK / COMPLAINT/ GRIEVANCE
We are sincerely and solemnly committed to serve and provide excellent user experience for all our Users and stakeholders. You may address and communicate your valuable feedbacks, such as suggestions/ inputs for updates, alterations, changes, modifications, amendments in relation to Platform and/or any Services thereon or thereat, to the Company by writing to us at: doctorjobstoday@docquity.com. Such feedbacks thereafter shall be the absolute property of the Company, by virtue of you having hereby assigned/ conveyed/ transferred all rights/ title/ interests to/ in such feedback(s)/ suggestion(s)/ input(s) to the Company without any sort/ kind of consideration.
All feedbacks, comments, requests, technical support, in respect of Terms of Use, Privacy Policy, Platform and/ or Services thereon/ thereat, may be addressed to our designated and dedicated Grievance Officer, who can be reached out via e-mail at: doctorjobstoday@docquity.com.
