Terms and Conditions
1. Introduction Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the DesiOPT Web Site and the Services (as each are defined below) provided by DesiOPT or one of its divisions (collectively, “DesiOPT”).
2. Please note that DesiOPT.com operates under a company registered as in New Jersey. This company owns the Trademark DesiOPT (pending approval). Accordingly, the title DesiOPT in this document is only used for convenience and simplicity. All the rights and liabilities arising under this agreement are reserved with company. Also, the use of word “DESI” in DesiOPT is purely arbitrary and is not intended to limit the participation to the people of south asian origin/descent. The site is open to people of all races, and national origins. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, do not use the DesiOPT Web Site or Services. DesiOPT reserves the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site‐related services or any feature thereof.
3. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by DesiOPT) form a binding agreement (the "Agreement") between you and DesiOPT. Your access to or use of the DesiOPT Web Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
4. Certain Definitions. The following definitions apply to this Agreement:
a. "DesiOPT Material" includes any material, methodologies, implementation plans or other intellectual property used during the provision of Services.
b. "DesiOPT Web Site" or the "Site" (collectively, the “DesiOPT Websites” or the "Sites") means any web site under DesiOPT's control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, DesiOPT Material and Services (as applicable in each context).
c. "Content" includes all Text, Graphics, Design and Programming used on the Sites.
e. "Document" refers to any posting to a Site, whether job or resume.
f. "Employer" means a person or entity that is accessing the Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
g. "Employer Materials" includes any brochures, emails, sample job postings, web site content, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
h. "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
i. "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
j. "Services" means any services provided by DesiOPT or its agents described herein including
k. "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
l. "User" refers to any individual or entity that uses any aspect of the Sites.
m. "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
5. Intellectual Property Rights and Acceptable Use of the Sites and Services.
a. General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of DesiOPT's intended and acceptable use of the Sites. DesiOPT is the sole interpreter of the Sites’ intended and acceptable use.
b. DesiOPT Intellectual Property Rights. The Sites, the DesiOPT Materials and all right, title and interest in and to the Sites and DesiOPT Materials are the sole property of DesiOPT or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, DesiOPT reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or DesiOPT Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from DesiOPT on such DesiOPT Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the DesiOPT Sites, without the express written consent of DesiOPT. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The DesiOPT Materials are not considered to be works for hire and you may not duplicate such DesiOPT Materials. "DesiOPT", the DesiOPT design logo and certain other names or logos are service marks or trademarks of DesiOPT, and all related product and service names, design marks and slogans are the service marks or trademarks of DesiOPT. In addition, the layout and
design of the Sites (including color combinations, button shapes, and all other graphical elements) are also protected by DesiOPT's trademarks, service marks and copyrights. Any code that DesiOPT creates to generate or display the Content or the pages making up the Sites is also protected by DesiOPT’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or DesiOPT Materials on any authorized copy you make of the Content or DesiOPT Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
c. License to Use by Users who are Job Seekers. DesiOPT hereby grants you a limited, terminable, non‐exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. DesiOPT reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.
d. License to Use by Users who are Employers. DesiOPT hereby grants you a limited, terminable, non‐exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. DesiOPT also grants you a limited, terminable, non‐exclusive license to use the DesiOPT Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by DesiOPT to any third party without the express written authorization of DesiOPT. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. DesiOPT reserves the right to suspend or terminate your access and use at any time if DesiOPT determines that you are in breach of these Terms and Conditions.
e. Employer Materials. Employer represents warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third‐party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants DesiOPT a non‐exclusive, worldwide, royalty‐free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
6. Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
7. User Submissions. You understand and agree that any creative suggestions, ideas,
drawings, concepts, inventions, or other information (a "User Submission") that you submit to DesiOPT shall become the property of DesiOPT. User Submission and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on DesiOPT’s part, and DesiOPT will not be liable for any use or disclosure of any User Submission. DesiOPT shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. Forwarding Job Postings. Subject to these Terms and Conditions and the terms and
conditions of any social media network used by you, you may forward job postings on this website solely via the application provided on the website and only: (1) to individuals who have a relationship to you on various social media networks; and (2) for the purpose of alerting those individuals of job postings that may be of interest to them. You are expressly prohibited from exploiting job postings for any commercial purpose (such as in the operation of a professional recruiting service). You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
9. Third Party Providers. You acknowledge and agree that DesiOPT may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between DesiOPT and its Third Party Providers, DesiOPT will have sole responsibility for handling all billing and contract negotiations.
10. Making Purchases
11. No Refund Policy: All Payments made to DesiOPT are non-refundable. There will be absolutely no refund of money already paid regardless of any reason or should you chose to discontinue the services or advertisement; By making the payment, you agree to our non-refundable policy.
12. Links to Other Sites. DesiOPT contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by DesiOPT of the contents on such third‐party web sites. DesiOPT is not responsible for the content of linked third‐party sites and does not make any representations regarding the content or accuracy of materials on such third‐party web sites. If you decide to access linked third‐party web sites, you do so at your own risk.
13. Amendments to this Agreement and Changes to Sites. DesiOPT may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then‐current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by DesiOPT unless DesiOPT agrees to them in a signed writing specifically including those new or different terms. DesiOPT may change the Site at any time.
a. Indemnity. You agree to defend, indemnify, and hold harmless DesiOPT (and its
subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, your use of the Services or your breach of this Agreement. DesiOPT shall use reasonable efforts to provide your prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
c. When you register on any of the DesiOPT Site or in connection with the Services, you will be asked to create an account and provide DesiOPT with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account. As part of the registration process, your user name will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information and immediately notifying us of the problem via email addressed to . If you are an employer who has reason to believe that your account with us is no longer secure, you must promptly contact Customer Support via email addressed . YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
e. When and if you register, you agree to (a) provide accurate, current, and complete
information about yourself as prompted by our registration form (including your e‐mail
address) and (b) to maintain and update your information (including your e‐mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
14. Questions and Notices. Questions concerning the use of the Site should be directed to . Notices to DesiOPT should be sent to the address listed on the Site. We will send notice to you at the address submitted by you or to such other address as DesiOPT reasonably determines is an appropriate address for you.
15. General. DesiOPT contact information is listed on the Site. DesiOPT makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access DesiOPT from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of NJ, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting
access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by DesiOPT in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement constitutes the entire agreement between you and DesiOPT.
16. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
a. Posting Rules:You may not post any Document to a Site that contains:
i. URLs or links to web sites;
ii. copyrighted material (unless you own the copyright or have the owner's permission
to post the copyrighted material);
iii. trade secrets (unless you own them or have the owner's permission to post them);
iv. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
v. keywords or white text keywords (including any words embedded in the Document
and hidden from the User);
vi. anything that is discriminatory, sexually explicit, obscene, libelous, defamatory,
threatening, harassing, abusive, or hateful; or
vii. Anything that is embarrassing or offensive to another person or entity.
b. You may not use a Document(s) to:
i. impersonate another person, living or dead;
ii. post false, inaccurate or misleading information, opinions or notices (commercial or
otherwise) or chain letters;
iii. post advertisements, or solicitations of business (including, but not limited to, email
processors, any pyramid scheme or "club membership"); provided, however that DesiOPT may allow posting of certain business opportunities which require an upfront or periodic payment or pay commission only in which case DesiOPT reserves the right, in its sole discretion, to place such posting in a designated location on its Sites or to remove the posting altogether if it deems such description deceptive or unsatisfactory to protect its Users
iv. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
v. Job postings must be individual openings for traditional, W‐2 or 1099 employees.
vi. Resume postings must contain the accurate resume of a living individual seeking
employment on a full‐time, part‐time, or contractual basis on his or her own behalf.
vii. DesiOPT is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at DesiOPT's sole discretion.
viii. You may not post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
ix. You must be an equal opportunity employer;
x. You may not use the Site for any unlawful commercial, research or information gathering purposes.
xi. You may not share your login information and/or password with others;
xii. You may not communicate, send, or place unsolicited e‐mail, telephone calls, mailings or other contacts to posting individuals and entities.
xiii. You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your breach of this Agreement, your violation of the Code of Conduct, and/or your activities in connection with the Site or Site‐related services.
17. Conduct Rules:
i. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
ii. You may not send unsolicited commercial email to Users.
iii. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify DesiOPT immediately of any unauthorized use of your registration and password as mentioned in paragraph 10.A.
iv. Report inappropriate postings or conduct to Feedback.
v. You may not delete or revise any material posted by any other person or
vi. If at any time DesiOPT comes to the understanding that you:
a. misled DesiOPT regarding your business practices and/or services, or
b. purchased services that do not represent your precise business, DesiOPT reserves
the right to terminate your Agreement.
c. NO refund will be issued when an account is terminated due to misconduct.
vii. You may not use the Site for any unlawful commercial, research or information
viii. You may not communicate, send, or place unsolicited e‐mail, telephone calls, mailings or other contacts to posting individuals and entities
18. Security Rules:
Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation:
i. 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;
ii. attempting to interfere with service to any User, host or network, including,
without limitation, via means of submitting a virus to the Sites, overloading,
"flooding", "mailbombing" or "crashing";
iii. sending unsolicited e‐mail, including promotions and/or advertising of
products or services;
iv. forging any TCP/IP packet header or any part of the header information in any
e‐mail or newsgroup posting.
v. Continuously accessing/sharing more than 200 resumes/day
Violation of these Security Rules may result in civil or criminal liability. DesiOPT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
19. Copyright Complaints. DesiOPT respects the intellectual property of others. It is DesiOPT's policy to respond to claims of copyright and other intellectual property infringement. DesiOPT will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, DesiOPT may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DesiOPT will terminate access for Users who are repeat infringers. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly being infringed upon;
(b) Identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
(d) the name, address, telephone number, and e‐mail address (if available) of the
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter‐notice. Notices and counter‐notices must meet the then‐current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter‐notices with respect to the Site should be sent to
20. Disclaimers and Limitation of Liability . You understand and agree that this Site is provided "AS-IS" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to DesiOPT.com. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DesiOPT.COM OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL DesiOPT.COM OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF DesiOPT.COM OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving DesiOPT.com or its services, you agree that the dispute will be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the New Jersey and the South District of New Jersey, respectively. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of New Jersey with respect to such matters. We make no representation that materials on DesiOPT.com are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access DesiOPT.com from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.