This website is owned and operated by Medyhealth Technologies Pvt Ltd. ("Company's") These are the Terms of Use ("TOU") under which you may use www.zorgers.com (the "Site").
By using the Sites and the available services, you indicate your agreement to these TOU, including Privacy Statement. Please read this page carefully. If you do not accept the TOU stated here, do not use the Sites. Since the TOU may change over time and without any advance notification you should also occasionally visit this page to review any modifications to the TOU because they are binding on you.
The Company's LiabilityThe Company's Sites provide an online caregiver listing portal, intended to act as a market place for "care givers" and "care seekers" through web. The Company has no obligation to screen or censor any of the Sites' content, nor is the Company responsible for the actual transaction between care seekers and care givers. Thus, the Company has no control over the quality or legality of the jobs, or care giver qualifications, posted. The Company makes no representations about the truthfulness of any jobs posted, care giver information or user content on the Sites, and encourages all care seekers to conduct their own investigation as to a care giver's suitability for employment and trustworthiness.
The Company's Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, or completeness of any Site or its content. The Company is not to be considered an employer and shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Site. The Company cannot guarantee that any care giver will be exactly what any Care seeker wants, or that the care giver will perform as required. No advice or information obtained by a user from the Sites shall create any warranty whatsoever.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people who misrepresent themselves online. When you use our Sites you assume all risks associated with dealing with other users with whom you come in contact through our Sites. By its very nature, other people's information may be offensive, harmful, inaccurate, or untrue. Please be careful when using our, and other online, sites.
User authentication on the Internet is impossible and therefore the Company does not warrant that each user is who they claim to be. Since the Company is not, and cannot be involved in user-to-user dealings or control the behaviour of the participants on any Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims and damages (whether actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you, or your Mentor, on the Sites, and that you are 18 years of age or above. You also represent and warrant to the Company that you will use the Sites in a manner consistent with any and all applicable laws and regulations. The Company in no way either represents or guarantees the accuracy, reliability or the truthfulness of any User content. You hereby acknowledge that any dependence placed upon the posts made by other Users is done entirely at your own risk.
Permitted Uses Of Our SitesYou have the following rights to the Site(s): to post care jobs and search relevant care giver. All content is the property of the Company, and all content is protected by applicable trademark laws, both Indian and foreign. You are not allowed to sell or modify the Sites' content for any public or commercial use. In case of any violation, Company shall have the right to take any action permitted under law. The use of the Sites' content on any other web site or in a networked computer environment for any purpose is also expressly prohibited.
Prohibited Uses of Our Site Users warrant to only utilize the Sites in accordance with these Terms of Use and any relevant statutory provisions. Users are prohibited from violating the security of any Site by engaging in the following: (a) accessing data not intended for such user or logging into an account which the user is not authorized to access; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; c) attempting to overload, spam, or crash any Site by means of a "virus" or other software "attack" upon the Sites' integrity. Any attempted Site violations may result in civil or criminal liability, and the Company will prosecute users who are involved in such violations.
Users may not use any Sites in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India's national security, contributes to social unrest, or sectarian violence.
All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) offering jobs from competitors of the Company, (c) posting any inaccurate or misleading content on the Sites; (d) sending any unsolicited offer to Site users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Sites; (g) reverse engineering any portion of the Sites; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (i) duplicating, posting, or linking any Site content to other sites not belonging to the Company. Users may not use the Site(s) to transfer any money in violation of the any applicable law or regulation.
Payment Undertaking I hereby confirm and agree that once payment of Product fees including transaction charges is made by me, I will not be entitled to any refund whatsoever in any circumstances. By accessing or using the Site www.zorgers.com or by using the Service on this Site, you agree to be bound by this terms and conditions including any additional guidelines and future modifications.
Prohibited Content on Our Sites-How to Report AbuseAny content which is offensive, dangerous, invades the privacy of others, or is unlawful is prohibited from the Sites: This includes, but is not limited to, the following: (a) pornography,; (b) solicitation of illegal activities; (c) racial, religious, or ethnic slurs (d) incitement to violence against any individual for whatever reason; (e) the sending of junk mail or spam; (f) violating or advocating the violation of copyrighted works; (g) releasing private information of another user without their consent; and (g) providing information or instruction about illegal activities. Please report any abuse of our site to info@zorgers.com
Collection and use of information by Medyhealth Technologies Pvt LtdIn some areas of Registration & Profile creation, Company request or may request that you provide personal information, including your name, address, e-mail address, telephone number, credit card number, contact information, billing information and any other information from which your identity is discernible. In other areas, Company collect or may collect demographic information that is not unique to you such as your code, age, preferences, gender, interests and favourites. Sometimes Company collect or may collect a combination of the two types of information.
In addition, Company may indirectly collect information about you when you use certain third party services available on www.zorgers.com. For example, if you register on www.zorgers.com by using your user name and password, you authorize Company to have access to and store the information in your account profile; such information will be subject to, and treated in accordance with, the policies and practices described in this Privacy Statement.
Company also gather or may gather certain information about your use of Site, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by Company. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information.
Company may sometimes afford you the opportunity to provide descriptive, cultural, and preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.
In addition, at the time of registration for a account, you have the option to elect or not elect to receive additional communications, information and promotions, including without limitation, free informational newsletters from us relating to topics that may be of special interest to you, such as career management advice.
Company have areas on the Site where you can submit feedback. Any feedback you submit in these areas becomes our property, and Company can use such feedback (such as success stories) for marketing purposes or to contact you for further information
Choices regarding the disclosure of personal information to others Company discloses information to third parties if you consent to such disclosure. Company use data Company have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
Company disclose information if legally required to do so, if requested to do so by a governmental entity or if Company believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Company discloses and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event Company become the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted on the website.
For more information, please refer to the Sites' Privacy Policy.
Violation of Terms Of Use and threatening behavior.Although not responsible for screening or monitoring user content, the Company may review and delete any content that violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal, violates the copyrights of another, or violates the rights of, harms or threatens the safety of users of the Company's Sites. If you engage in prohibited behavior you risk expulsion from the Sites, and future restrictions may be placed upon your continued access to the Sites. If appropriate, legal action may be instituted against you. Company will also remove your content from the Sites.
If You Send unsolicited ideas Company Has The Right To Use Them Without Compensation.You are always welcome to provide Company with your opinion as to the quality of Company services, however, please do not send us any creative ideas, suggestions or other materials. Unfortunately, in the past other companies have been sued for patent infringement by individuals who provided the company with unsolicited ideas which the company later adopted. Therefore, it is our stated policy that Company will not accept or consider creative ideas provided by our users. If you do provide Company with such materials, please be advised that all such ideas will become the property of the Company, and Company will Company incur no obligation to you, and can use all such ideas without compensation.
What To Do If You Suspect Copyright Infringement If you believe that your copyrighted work is on any of our Sites in an infringing manner please provide Company with the following:
- Identify the material on the Site that you claim is infringing, with enough detail so that Company may locate it.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and Your physical or electronic signature.
The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
If you have a copyright related inquiry, please contact: info@zorgers.com
You acknowledge and warrant that the company has not instigated and/ or forced you to deposit money in the company account in return of job guarantee or assured placement.
Limitation of LiabilityIn no event shall the company, affiliates, its or its supplier's suppliers, or any third parties mentioned on any of the company's site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any of the company's sites and content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. further, the entire liability of company, and your sole and exclusive remedy, for any claim or cause of action arising hereunder (whether in contract, tort, or otherwise) shall not exceed the lesser of the registration fees paid or cause of action or one hundred rupees (rs.100).
GeneralBe sure to refer to the TOU regularly, since they change, and they do govern your relationship to the Company. The TOU constitute the entire agreement between you and the Company and govern your use of the Service. The TOU and the relationship between you and the Company shall be governed by the laws of the country of India without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
TERMS AND CONDITIONS Job Provider Package Policy
Definition of Services offered: -
- Connect- MTPL will share the contact number of contactable candidate matching to the job posting done by the client on zorgers portal. These Connects shall be contacted by the Client within next 3 working days’ post checking the details, otherwise there shall be no liability of MTPL.
- Qualified Connects- MTPL will share, with the client, matching candidate’s available details along-with response of three questions, which client can opt to ask the candidate, in the form of Out Bound Dialing (OBD), from list of questions shared by MTPL. In case any of the qualified connects is ‘Non-Contactable’ (defined as Switched off/Out of Service/ Wrong Number”) then the same shall be replaced with new/fresh “Qualified Connects” by MTPL. These qualified connects shall be contacted by the Client within next 3 working days’ post sharing of these profiles, otherwise there shall be no liability of MTPL to replace any of the Qualified Connect again.
- CV Views- MTPL will share, with the client, matching candidate’s available details along-with response of three questions, which client can opt to ask the candidate, in the form of Out Bound Dialing (OBD), from list of questions shared by MTPL. In case any of the qualified connects is ‘Non-Contactable’ (defined as Switched off/Out of Service/ Wrong Number”) then the same shall be replaced with new/fresh “Qualified Connects” by MTPL. These qualified connects shall be contacted by the Client within next 3 working days’ post sharing of these profiles, otherwise there shall be no liability of MTPL to replace any of the Qualified Connect again.
- SMS- The client will be able to send recruitment related SMS as per standard template through Zorgers portal to promote its job opportunity.
- E-Mail- The client will be able to send recruitment related email, as per standard template, through Zorgers portal to promote its job opportunity among potential seekers having valid email ID.
- Resume Download- Client will be able to download detail/ resume of potential job seeker from the Zorgers portal.
- Micro-Site + LOGO- To promote its job opportunities, the client can opt for putting its company logo on zorgers website along-with its micro-site, so that the potential seeker can view all job opportunities available with the company and apply directly.
- Job Posting- The client shall post job vacancies on the concerned zorgers portal. Each job posting is valid for 30 days from the date of publishing the job opportunity.
- Line-up- MTPL will facilitate availability of candidates to the client for interview (Digital/Physical) as per the job description shared by the client.
- Hiring- MTPL will line-up candidates to the client for interview (Digital/Physical) as per the job description shared by the client. The client shall interview these candidates and share feedback with MTPL. Any of these candidate selected through line-up will be considered as Hiring.
- Validity- The duration for which the subscription package of client is available on zorgers portal for various activities related to publishing job opportunities, is termed as “Validity”. Validity will be considered from the date of service activation on Zorgers portal.
- Event- Client can avail sponsorship/ participation in various events conducted by MTPL. Client will be provided advertisement space as per the agreed terms. There shall be no liability on either party.
- Other than Hiring and Lineup, MTPL shall not be liable for the physical presence of the candidate to Client’s location.
Payment Terms:-
- Any dispute in the invoice is to be intimated for correction, with concerned Contact Person of MTPL, within 7 working days of receipt of invoice failing which the invoice will be deemed to be accepted by the Client and the Client shall be liable to pay as per the raised invoice.
- Notwithstanding anything and irrespective of the fact as to whether the Job Seekers, are employed/hired or otherwise engaged by the Client, or whether the Job Seekers are actually present for interview, Client shall be liable to make the requisite payments to MTPL and shall not be entitled for any refunds whatsoever. However, for lineups and Hirings, MTPL shall arrange for the Physical/Digital Lineups of the Candidates.
- If the client fails to make the requisite payments within time, then the Client shall also be liable to pay interest @ 2%p.m. Further, in case of any delay in payments, MTPL shall have the right to suspend the services or terminate this OCC. These right shall be in addition to all other rights which MTPL may have.
Refund Policy & Forfeiture: - The Client shall be entitled for refund of amount paid for services as mentioned below: -
Refund request can be raised in case there is a proven breach of the delivery terms & conditions as per OCC.
- Refund Credit - Client having the right to request for refund have the option of utilizing the Credit for availing other MTPL services as mentioned hereafter:
- a) Education Lanes – specific need based short training modules (as available) enhancing the overall development of employees on the following parameters that would help them during their employment with the client:
- b) Image Consulting / Soft Skill / Behavioural skill training module
- c) English Speaking Module
- d) Digital Marketing service (SMS/E-mail campaign/s) through third Parties.
- Conditions -
- a) Refund request, once submitted (post due diligence & relevant approvals by MTPL), would take minimum 14 working days to get processed and paid.
- b) Mode – Through NEFT/RTGS/Cheque payable in the name of source/Client where from the payment has been received by MTPL and only upon a formal request by the valid authority from the Client end. No transfer of payment/s to any other name to shall be entertained.
- c) Amount - The refund would be pro-rata for the work not done (as per OCC) less tax & other service charges as applicable.
- d) Refund request would only be entertained in case if there is partial or no service fulfilment within the period as agreed in this OCC. In no other conditions shall the Client be entitled to any refunds.
- Amount Forfeiture Notwithstanding anything, there shall be no refund and MTPL holds the right to forfeit the amount paid in case the Client fails to provide the following within the stipulated timeline:
- a) Client fails to intimate Contact Person of MTPL within 7 days of expiry of delivery period regarding non-fulfilment of OCC/ Agreement condition.
- b) Change in job profile as per the criteria shared and agreed at the time of signing the OCC. All such changes need to be communicated at least 2 weeks before the Job seeker/Candidate is lined-up for interview.
- c) Details of profile/s shortlisted/turned up for interview or any other service delivery not been shared with MTPL within 7 days.
- d) Reasons of rejection for each candidate not being shared with MTPL within 7 days of such rejection.
- Further, any candidate/Job seeker, registered with MTPL who has been hired directly by the employer thereafter (within 60 days of rejection) who went through interview through MTPL/Zorgers, shall be billed to the client.
- Disclaimers: -
- a) By its very nature, other people’s information may be offensive, harmful, inaccurate, or untrue. MTPL does not guarantee or in any other way represent/warrant the genuineness of any of the Candidates/job seekers and encourages all employers/Clients to conduct their own investigation (including background verification) as to a job seeker’s suitability for employment and trustworthiness. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people who misrepresent themselves. When you use the services provided by MTPL you assume all risks associated with dealing with other users with whom you come in contact.
- b) MTPL is not liable for any third party claim for employment and does not guarantee placement or employment of any candidate/job seeker.
- c) Client acknowledges and warrants that MTPL has not instigated and/ or forced Client to deposit money in MTPL account in return of job guarantee or assured placement.
- Uses of MTPL Site: -
- a) Client also represents and warrant to MTPL that Client will use the Site in a manner consistent with any and all applicable laws and regulations. All content is the property of MTPL, and all content is protected by applicable trademark laws. Client is not allowed to sell or modify the Sites’ content for any public or commercial use. In case of any violation, MTPL shall have the right to take any action permitted under law. The use of the Sites’ content on any other web site or in a networked computer environment for any purpose is also expressly prohibited.
- b) Client is prohibited from violating the security of any Site by engaging in the following: (i) accessing data not intended for such user or logging into an account which the user is not authorized to access; (ii) attempting to test the vulnerability of a system or to breach any security or authentication measures; or (iii) attempting to overload, spam, or crash any Site by means of a “virus” or other software “attack” upon the Sites’ integrity.
- c) Client shall not use the Site in order to transmit, or store material (i) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (ii) that is defamatory, obscene, threatening, abusive or hateful, or (iii) in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.
- d) Client agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behaviour includes, but is not limited to, the following: (i) offering business or sales opportunities; (ii) offering jobs from competitors of MTPL, (iii) posting any inaccurate or misleading content on the Sites; (iv) sending any unsolicited offer to Site users; (v) deleting any content or posting of other users; (vi) engaging in any behaviour which has the effect of degrading the performance of the Sites; (vii) reverse engineering any portion of the Sites; (viii) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (ix) duplicating, posting, or linking any Site content to other sites not belonging to MTPL
- e) Users shall not use the Site to transfer any money in violation of the any applicable law or regulation. Any attempted Site violations may result in civil or criminal liability.
- Collection and use of information by Medyhealth Technologies Pvt Ltd: -
- a) In some areas of Registration & Profile creation, MTPL request or may request that you provide personal information, including your name, address, e-mail address, telephone number, contact information.
- b) MTPL also gather or may gather certain information about your use of Site, such as what areas Clients visit and what services is accessed. Moreover, there is information about your computer hardware and software that is or may be collected by MTPL. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information.
- c) By signing this OCC, Client give its consent to MTPL to disclose such information to job seekers.
- Limitation of Liability : -
- In no event shall MTPL, affiliates, or its supplier’s, or any third parties mentioned on any of Zorgers website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory. Further, the entire liability of MTPL, and Clients sole and exclusive remedy, for any claim or cause of action arising under or pursuant to this OCC (whether in contract, tort, or otherwise) shall not exceed half of the amount received by MTPL from the Client under this OCC.
- Breach of Agreement: -
- Client agrees to comply with all the applicable laws, including but not limited to the laws relating to contracts, labour and employment laws, data privacy laws, cyber laws and law relating to intellectual property. Client agrees to indemnify MTPL, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Client’s breach of the OCC terms including but not limited to claims of breach of third party intellectual property rights. Notwithstanding anything to the contrary contained herein, Client’s use of the Zorgers’s website is subject to the Terms of Use & Privacy Policy available from such Zorgers website's.
- Client agrees to comply with all the applicable laws, including but not limited to the laws relating to contracts, labour and employment laws, data privacy laws, cyber laws and law relating to intellectual property. Client agrees to indemnify MTPL, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Client’s breach of the OCC terms including but not limited to claims of breach of third party intellectual property rights. Notwithstanding anything to the contrary contained herein, Client’s use of the Zorgers’s website is subject to the Terms of Use & Privacy Policy available from such Zorgers website's.
- General: -
- The OCC constitutes the entire agreement between Client and MTPL and govern Clients use of the Service. The relationship between Client and MTPL shall be governed by the laws of India without regard to its conflict of law provisions. The failure of MTPL to exercise or enforce any right or provision of this OCC shall not constitute a waiver of such right or provision. If any provision of this OCC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this OCC remain in full force and effect.
- Governing Law & Jurisdiction: -
- The appropriate courts in SAS Nagar Mohali shall have the exclusive jurisdiction over all disputes/differences (by whatever name called) in connection with any action or proceeding (by whatever name called) arising out of this OCC/Agreement.
- Terms and conditions as mentioned on the web portal ‘www.zorgers.com’ shall be in addition to the terms and conditions mentioned herein. In case of any inconsistency/difference between the terms and conditions as contained herein and those mentioned on the portal ‘www.zorgers.com’, terms and conditions as mentioned herein shall prevail.