This document is a written binding agreement and an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Thanks for visiting and using MyRefers. We are glad you are here, but there are some rules you need to agree to before you use our websites and services (Services). When we use the word Services, we mean not only the www.myrefers.com website, but also all the other websites, products, services and applications made available by Creative Living Solutions Private Limited which shall include its third party service providers. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
Is this a legal contract?
If you are an employer or wish to post a job using the Services, kindly contact MyRefers as these Terms do not apply to the persons posting jobs using the Services. MyRefers has separate terms and conditions for posting jobs using the Services. Our Services are constantly changing, to keep up with the dynamic needs users and job-seekers everywhere, so these Terms might need to change, too. If they do change, we will do our best to tell you in advance by placing a notification on the www.myrefers.com website, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice. Your continued use of these Services will be regarded as your acceptance of the changed Terms. It is your responsibility to review these Terms periodically for changes (if any).
How we will communicate? Electronically?
When You use the Services or www.myrefers.com website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us and the website and all other users and visitors through electronic records which are legally identifiable and enforceable, and you consent to receive communications via electronic records from us, the website and all other users and visitors and as and when posted, communicated or required.
use or install from MyRefers (including Third Party Platform from where you may sign in or any service that processes any electronic payments) may collect and use your information and use information of users of Services. right to use or access the Services.
Acceptable Use Policy:
You agree, undertake and confirm that your use of the Services and the website shall be strictly governed by the following binding principles:
You are solely responsible for your information and data, and the website act only as a passive conduit for your online distribution and publication of your information and data. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with Terms, Acceptable Use Policy, and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, we (i.e. the intermediary under the above rules) has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us against you either in these Terms or any policy contained herein, in any applicable law or under torts.
Further, you shall not refer job to any person nor any person to any job if such person is below the age of fourteen (14) years or is otherwise incompetent under law or prohibited under law to seek or undertake any employment. Further, you shall not knowingly refer job to any person who in your reasonable belief is not fit or suitable for such job. Please avoid spamming your friends with jobs which they are not fit for!!
What is our role?
You understand and agree that we and the website merely provide a platform for communication to its users and persons browsing / visiting the website or using Service as a communication facilitator and an intermediary which merely provides a communication link for third parties to exchange their information and data. All the contents therein are posted advertised and listed by or on behalf of users and visitors and are third party contents. The website also contains various third party user generated content and material. We and the website neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. We and the website have no control over your or any third party user generated contents.
We cannot and do not guarantee, warrant, assure or ensure that the data or information on the Services is correct or that users or visitors will perform, undertake, consume or conclude any activities concluded on the website in compliance with these Terms. We shall not and are not required to mediate or resolve any dispute or disagreement between users or visitors.
Website or Service may contain third party promotions, marketing or advertisement and the we and the website do not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased under such promotions, marketing or advertisements. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We and the website do not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users or visitors or their information, data or content on or in relation to the Services. You are advised to independently verify the bona fides of any particular user or visitors and any information or data of any user or visitor that you choose to deal with on the website and use your best judgment in that behalf.
We and the website cannot control and do not actively moderate the information and data provided by other users and visitors which is made available on the website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe usage when using the website.
How do we deal with your content and intellectual property?
1. The Content
The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the 'Content') are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else (including MyRefers's) rights. You understand that MyRefers owns the Services and the website. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services and the website. The Services or the website may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
2. User Submissions
For all User Submissions, you hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licenseable, fully paid up and royalty-free right to MyRefers to use, copy, prepare derivative works of, improve, distribute, publicly display, publicly perform, communicate to public, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to MyRefers, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to MyRefers, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. Your further hereby grant MyRefers a license (with a right to sub-license to third parties) to translate, modify (for technical purposes, for example making sure your content is viewable on your Android device, Windows device and Apple device as well as your computer) and reproduce such User Submission, in each case to enable us to efficiently operate the Services. This is a license only your ownership in User Submissions is not affected. You hereby permit us to provide and display your Content or User Submission (either in whole or in any part thereof) to the users, visitors and members of MyRefers or public in general i.e. a general postings on third party website, apps or services. When you delete your MyRefers account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from MyRefers records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. You also agree that we are required under applicable laws to store (if not publicly display or distribute) the Content, User Submissions and your other information or data for certain time and may be forever if any such information or data is subject to any law enforcement or judicial actions.
Finally, you understand and agree that MyRefers, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
3. Takedown Policy
There are certain laws in India (including Information Technology Act, 2000 and Copyright Amendment Act, 2012) as they relate to online service providers and intermediaries like MyRefers removing material that they are notified or believe in good faith violates any applicable law or someones copyright. We may at our sole and absolute discretion delete, remove, disable access or otherwise deal with your information and data on the website or in the computer resource of MyRefers to comply with such laws. In addition to the aforesaid applicable Indian laws, you may note that your information or data may be hosted, stored or processed by us in a country other than India (but of course in compliance with applicable Indian laws) and under certain cases, especially when the third party in such country has to comply with local laws, your data, material or information may be deleted, removed or disabled by such third party for reasons other than or in addition to those provided or recognized under applicable Indian laws.
Who is responsible for what I see and do on the Services?
You shall be responsible, accountable and liable for the Content, information or data uploaded, provided, stored or distributed by you or your constituents therefore it is important that registered organizations and entities should monitor, supervise and/or control the activities on the website and usage of Services by their constituents.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can't control that, but please let us know if it happens and we all try to remedy the situation.
We also can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that MyRefers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that MyRefers is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MyRefers, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Will MyRefers ever change the Services?
MyRefers is a dynamic social media connection tool, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We all try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
Does MyRefers cost anything?
The basic MyRefers Services are presently free that is, presently, we don't charge for signing up for a basic, individual MyRefers account and for general surfing of certain contents of the Services. However, we may offer certain products and services for a fee. On certain products and services an individual registered user can even earn un-encashable rewards points and/or a certain portion of the fee.
Tell me more about the MyRefers chargeable fee and opportunity to earn money from referrals.
I. Karma Money (the term more specifically explained in Frequently Asked Questions): Subject to the terms stated herein, you can earn Karma Money when you refer your friend for a job posted on the Services (and of course can also earn respect and treat from him/her). This is how you can earn the Karma Money:
Notwithstanding anything to the contrary stated above, your entitlement of Karma Money and MyRefers corresponding obligation to pay you any Karma Money for the jobs posted on MyRefers by your employer / principal shall be subject to the rules and policies of your employer / principal. Kindly check your employer's / principal's employee referral policies before referring any job listed on MyRefers by your employer / principal.
For any queries on earning Karma Money please click here.
II. Karma Points Program: Not only you get rewarded by way of Karma Money when your friends referred by you gets hired, you also earn non-encashable reward points for your activities on MyRefers Services and these reward points can be redeemed. For redemption details click here II. The rules also specifies the points you can earn through various activities.
You may select rewards from any level as long as you have a sufficient number of reward points available at the time of your redemption.
Reward points have no cash value and cannot be exchanged for cash. Reward point requirements assigned to any reward are subject to change from time to time without notice, and rewards may be substituted at any time. Should a reward be discontinued, it will be replaced with a reward of equal or greater value or, if no suitable substitute is available, you will be advised to make an alternative selection.
MyRefers reserves the right to discontinue the Reward Points Program at any time without notice - If for any reason the online portion of the Reward Points Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MyRefers that corrupt or affect the administration, security, or integrity of the Reward Point Program, MyRefers reserves the right to cancel, terminate, or suspend the Reward Point Program
How and where to do store the Content, User Submissions and other data or information?
This is an internet world which makes the world a global connected village. Isn't it? And you must have heard a lot about cloud computing!! This means that the information and content provided by you including Content, User Submissions and other data or information is and can be stored by us in the servers or computer network or resources across the world. Such computer network or resource are or can be owned, possessed or operated by third parties. While storing such data or information with third parties we enter into industry standard commercial arrangements with them and also comply with laws which apply to us. We do not guarantee that your information or data will remain safe or secure or always available as we are dependent upon the services of such third parties. The third parties which store your data or information are governed by the laws of their respective jurisdictions wherein such third party may need to provide access or copies of your information and data to the law enforcement or other statutory or judicial authorities having jurisdiction over them. We do not control and don't take any responsibility on the manner in which your data or information is dealt by or from such third parties. Your sole and exclusive right and remedy against us and our sole and exclusive obligation and liability to you is to assist you in commercially reasonable manner to deal with such third party in relation to your information or data.
What if I want to stop using MyRefers? Can you also terminate my access to MyRefers?
MyRefers is free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms.
MyRefers has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someones safety or security to do so.
If you have deleted your account by mistake, contact us immediately at  we will try to help, but unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation we have to pay you any due and outstanding amount, you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. However, if we owe you any amount and we terminate your account for any breach of the Terms by you or for any other reasons attributable to you, we may retain whole or part of such amounts to offset any claims, damages or losses against us or incurred or suffered by us. If we don't face any such claims or damages for a period of three (3) years from the date of such termination, you can contact us and we would pay you such outstanding amount without any interest and without prejudice to any of our legal, contractual or equitable remedies.
This contract seems like it needs some more legal-sounding stuff in it.
You are absolutely right. Don't space out, this stuff is important:
1. Warranty Disclaimer
MyRefers does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided on AS IS basis and without any warranty of any kind from MyRefers or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN AS-IS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MYREFERS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS JOBS, SHARING JOB POSTS OR TRANSAMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MYREFERS TO ANYONE. IN ADDITION, MYREFER NEITHERWARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE OR TECHNOLOGY TO US.
MYREFERS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MYREFERS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
MYREFERS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WOTHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO EVENTS OF FORCE MAJEURE AS PROVIDED IN THESE TERMS AND/OR DUE TO MAINTAINENCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MYREFERS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUCNTIONING. FURTHERMORE, MYREFERS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS OR POOR USE CONDITIONS OF THE MYREFERS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF INTERNET NETWORK AND FOR ANY OTHER REASON.
(We're not yelling, we just want to make sure you pay attention!)
2. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MYREFERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) INDIAN RUPPES 100 OR (II) OR (X) IF YOU ARE AN INDIVIDUAL REFEREE, THE TOTAL AMOUNT WHICH WE ACTUALLY OW YOU. (Again, not yelling!)
You agree to indemnify and hold MyRefers, its shareholders, affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys and court and arbitration fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action Claim), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
4. Force Majeure
MyRefers shall not be in default for any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to, acts of God, natural disaster, war or armed conflict, act of war, sabotage, strike(s), bandh, acts of terrorism, invasion, revolution, event of military or usurped power, civil war, riot, civil commotion or disorder, acts of government, sanctions imposed by the statutory authority(s), unavailability or error in power, electricity, telecommunication network, breach of obligations of the vendors, service providers or third parties of MyRefers.
You may not assign, delegate, novate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MyRefers prior written consent and any such act or attempt shall be void ab initio. We may transfer, assign, novate or delegate these Terms and our rights and obligations without consent.
6. Choice of Law; Choice of Forum
These Terms are governed by and will be construed under the laws of the Republic of India, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms (including other terms and policies referred herein), the parties consent to exclusive jurisdiction and venue in the courts located in New Delhi, Republic of India and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder and all the waivers to be valid, must be in writing and signed and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed to be a waiver of any provision on any other occasion. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MyRefers agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MyRefers, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind MyRefers in any respect whatsoever.
8. Nodal and Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, for any grievance you may reach the grievance officer either at the address provided on the Website or at firstname.lastname@example.org.
Participants can participate in the Campaignby logging on to the Website, registering online and then submitting their referrals on the MyRefers website (www.myrefers.com).During the Campaign Period, every referral you make, makes you a part of the Campaign!
Each referral may or may not be relevant for the job you referred the candidate to, and only relevant referrals ("Submission(s)") makes you eligible for a prize. Relevant Referrals means all profiles that the participants have referred and have been tagged as relevant by the MyRefers team. Screening of referrals is done at MyRefers.com at its sole discretion based on various benchmarks set by MyRefers.
These Rules and Regulations set forth the terms of the agreement between Creative Living Solutions Limited ("MyRefers.com"), and each participant in India who participates in the "DostkobechdeCampaign" ("Campaign")
By entering the Campaign, the entrant ("Participant(s)") unconditionally accepts and agrees to comply with and abide by the terms and conditions herein ("Terms"). The decisions of MyRefers.com on all matters relating to the Campaign shall be final and binding in all respects.
Terms and Conditions for the Prize. The Participant of the Campaign will be provided with the following:
LIMITATIONS OF LIABILITY: BY ENTERING THE CAMPAIGN, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: