TERMS OF USE


Publication date: 03.07.2024


References to the words “You” or “Your” (or words similar in content) mean our User, depending on the context of the Terms of Use.


References to “we”, “our” or “us” (or similar words) mean the Element79 Platform.


These Terms of Use are a public agreement for the provision of Services to the User.


The words he/she and their derivatives in the text of a document can be applied to either a male or female person, depending on the context of the document.


    • DEFINITION 


  1. Account is a functional part of the Site, through which the User gains access to the Platform Services.


  1. User – any individual who registers on the Site in order to search for a relevant job or project.


  1. User consent (hereinafter referred to as “Consent”) is a voluntary, specific, informed and unambiguous expression of will in which the User, by statement or clear affirmative action, agrees to the conditions of these Terms of Use.


  1. Personal Data is any information that is in the public domain, allowing you to directly or indirectly identify the User. For example, first name, last name, phone number, IP address.


  1. Statistical Data is any information that is publicly available and directly or indirectly relates to the User. For example, information about the name or address of the User's company.


  1. Data is the general name for Personal and Statistical Data.


  1. "Element79" platform (hereinafter the "Platform" or "Element79") is a service created to search for a vacancy/job and/or project for User.


  1. Website of the "Element79" Platform (hereinafter referred to as the "Site") means a web page or group of web pages on the Internet, which are located at: https://element79.ind.in/home, through which the Platform provides Services.


  1. Services are an algorithm of actions performed by the Platform to enable the User to search for a job or project.


  1. Third Party means a natural or legal person, government agency, institution or body other than the Platform or the User.


    • USER CONSENT


  1. These Terms of Use are concluded by the User by providing full and unconditional consent (acceptance) to conclude the Terms of Use in full without signing a written copy of the Terms of Use.


  1. If the User does not agree with the terms of the Terms of Use, the Platform has the right not to provide Services to such User.


  1. Any of the following actions by the User constitutes Agreement with the terms of these Terms of Use:

    1. receiving Services; and/or

    2. registration on the Site; and/or

    3. providing consent to the Terms of Use.


  1. The Platform reserves the right to obtain User Consent using a pop-up form. The pop-up form may contain a Consent form in the form of a checkbox.


  1. By entering into these Terms of Use, the User automatically confirms that they have read and agrees with the full and unconditional acceptance of their terms and conditions.


  1. By agreeing to the terms of the Terms of Use, the User gives his direct Consent to:

    1. conditions for receiving Services provided for by these Terms of Use and the conditions set forth on the Site;

    2. terms of payment for Services;

    3. compliance with the terms of these Terms of Use.


    • REGISTRATION


  1. To receive Services, the User must register on the Site. After registering on the Site, an Account will be created for the User. To re-access the Account, the User must be authorized on the Site. Registration/authorization instructions are indicated in the appropriate section of the Site. To register/authorize on the Site, the User must provide his Data in accordance with the instructions of the Platform. If such Data is not provided to Users, the Account will not be available to such User.


  1. The Platform creates an Account for each User after completing the registration process on the Site.


  1. The User can deactivate (delete) the Account by writing a corresponding request addressed to the User at the following email address:in@element79.ind.in. A request to delete an Account must contain the following information: Full name of the User or name of the User, if it is a legal entity, identification data of the User; reasons for deletion. If the Account is deleted, the Platform deletes the data of such User forever and cannot be restored. The Platform makes a decision to delete the Account within 3 (three) business days from the date of receipt of the request. The Platform may decide to refuse to delete the Account if such a request does not contain the necessary information provided for in this paragraph.


    • PROVIDING AND PAYMENT SERVICES 


  1. The Platform provides the User with Services in the form of providing the opportunity to register on the Site and find a suitable vacancy/job and/or project, in accordance with his qualifications, skills and academic degree.


  1. The cost of providing Services is set by the Platform unilaterally in the relevant section of the Site or indicated to such User in person.


  1. The Platform has the right to unilaterally change the cost of providing Services.


    • REFUNDS


  1. The Platform provides the Service to the User in the form of providing access to the list of vacancies or projects, and after providing such access, the User's receipt of the Service is final and cannot be returned, because it is impossible to establish whether the User has used such a Service. That is why the Platform does not refund the User under any circumstances.


  1. But the Platform can make a decision on the refund unilaterally. To prevent double interpretation, the Platform may decide to refund funds and this is its right, not its obligation.


  1. For a refund, the User must send a request to the Platform by email: in@element79.ind.in. The refund application must contain the following information: name of the applicant; information about the vacancy/project: name, date of purchase; reasons for return; payment details for returns. 


    • INTELLECTUAL RIGHTS


  1. All exclusive intellectual property rights to the program code and design of the Site, as well as to other components of the Site, including individual elements, belong exclusively to Element79.


  1. The Platform owns all property rights to the Site, including its individual elements.


  1. Element79 grants the User the exclusive right to use the Services and content of the Site.


  1. The User grants Element79 the non-exclusive right to use, copy, process and transfer Personal and Statistical Data during the period of use of the Services.


    • RESPONSIBILITY


  1. The Platform is not responsible for any damages caused to the User as a result of receiving a vacancy or participating in the project.


  1. The Platform is not responsible for any results of obtaining a job or participating in the project.


  1. The Platform is not responsible for any relationship between the User and the employer/owner of the project.


  1. Element79 reserves the right, but not the obligation:

    1. monitor violations of the Terms of Use;

    2. take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms of Use, including, without limitation, reporting such Customer to law enforcement authorities;

    3. in our sole discretion and without limitation, notice and/or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are otherwise burdensome to our systems;

    4. administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


  1. To the extent permitted by law, we provide the materials and Services on an “as is” basis. This means that we make no warranties of any kind, including, without limitation, any warranties of fitness for a particular purpose of the Services.


    • THE PLATFORM IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS OR CRIMINAL MODIFICATION OF THE SOFTWARE.


    • LEGISLATION AND DISPUTE RESOLUTION


  1. All relations between the Platform and the User arising in connection with the fulfillment of the terms of these Services for the use of the Services are governed by the laws of the Republic of India.


  1. Any Dispute arising in connection with these Terms of Use, including any questions relating to its existence, validity or termination, shall be submitted to and finally resolved by a court of the Republic of India in accordance with the laws of the Republic of India.


    • TERM OF ACTION


  1. The Terms of Use are valid during the period of use of the Services by the User. Upon termination of use of the Services and termination of relations between the parties, the terms of the Terms of Use cease to apply.


    • ALTERATION


  1. The Platform has the right to make changes to the Terms of Use in case of changes in the conditions for the provision of Services.


  1. The User is obliged to familiarize himself with the new terms of the Terms of Use and the Platform is not responsible if the User has not familiarized himself with the new terms of the Terms of Use.


  1. Our electronic copies of the Terms of Use that are otherwise stored are deemed to be true, complete, valid and have the legal force and effect of the versions of these Terms of Use in effect at the time of your visit to the Site. If the User uses the Services after the date of update of the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of provision of the Services.


    • DETAILS


Company name: Lance1000 Global Private Limited

Address: Shop No. 2, Harsh Horizon, Daldal Seoni, Raipur - 492001, Mowa, India

Email: in@element79.ind.in