Terms & Conditions

Welcome to 01hrms.com also hereby known as “we”, “us” “they” “our” or “01HRMS”. We are an online stand providing various services (“Services”) of enabling recruiters/hiring managers/business owners (individually “User” collectively “recruiters” / “Users”), who are adept in human resources related skills, to manage human resources operations.  

Please read the following terms and conditions (“Terms” / “User Agreement”) which govern your access and use of 01HRMS. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of 01HRMS. 

By using the Site, you hereby accept these Terms (including the linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use our website and/or mobile application. 

01HRMS reserves the unfettered right to change, modify, add, or remove portions of these Terms at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please keep yourself updated regarding these Terms. Your continued use of the Site following the posting of changes to these Terms of use constitutes your acceptance of those changes. 
 
A. CONDITIONS OF USE 

  1. Registration 

You are the sole authorized User of any account (“Account”) you create using the Site. Your action of successful registration constitutes your acceptance of these Terms, the Privacy Policy and all other policies of 01HRMS available on the website and/or mobile application. Mere registration creates no entitlement for provision of the Services through the Site. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating its/his/her own data that can be amended from the platform/app’s respective interface. 01HRMS has no responsibility over the use of the User Account and expressly disclaims any liability therefrom. Should a User suspect that any unauthorized party might be using its/his/her Account that User is under an obligation to notify 01HRMS immediately by emailing us at info@01hrms.com. By providing the personal details to 01HRMS at the time of registration and pursuant to the use of the Site, the User hereby affirmatively consents to our use of cookies in accordance with our Privacy Policy and the use of its/his/her personal details for contacting it/him/her directly in order to perform the Services, including but not limited to occasionally sending notifications, text messages with promotional offers, service updates and reaching out to the User to survey regarding the quality of the Site. Notwithstanding anything contained herein, 01HRMS at its sole discretion reserves the right to restrict, suspend, or terminate the User’s Account if it is believed that the User is or may be in breach of this User Agreement or law or is misusing the Services. 

2. User’s Accounts 

Users must be registered on the Site to access or use our Services. Except with the 01HRMS approval, one User may only register one Account on the Site. 01HRMS may cancel or terminate a User’s Account if it has reasons to suspect that a User has concurrently registered or is controlling two or more Accounts. Further, 01HRMS may reject User’s application for registration for any other reason. 

Upon registration on the web application, 01HRMS shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”). 

Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person outside of the User’s own business. Users agrees to notify 01HRMS immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account. 

All Users agree that all the activities that occur under their Account (including without limitation, posting any information, clicking to accept any additional agreements or rules, subscribing to any Services, sending emails using the email account or sending short messaging services) will be deemed to have been authorized by the User. 

All Users acknowledge that sharing of their Account with other persons, or allowing multiple User outside of their business to use their Account (“Multiple use”), may cause irreparable harm to 01HRMS or other Users of the Sites. Users shall completely indemnify 01HRMS , our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, 01HRMS shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.

3. Users’ Responsibilities 

All Users represent, warrant and agree that:

  • they shall have complete power and authority to accept the Terms and perform the obligations hereunder; 
  • they use the Sites and Services for business purposes only; and 
  • the address they provide when registering with 01HRMS, must be the principal place of business of their business or their actual residential address. For purpose of this provision, a branch or liaison office will not be considered a separate entity and their principal place of business will be deemed to be that of their head office. 

The Companies shall be required to provide information or material about their entity, business or team details. Each Company represent, warrant and agree that

  • such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the web app or Services is true, accurate, current and complete, and 
  • they shall maintain and promptly amend all information and material to keep it true, accurate, current and complete. 

Upon becoming a User, they consent to the inclusion of the contact information about them in our User database and authorize 01HRMS and our affiliates to share the contact information with other Users or otherwise use their personal information in accordance with the Privacy Policy. 
 
All Users represent, warrant and agree that: 

  • they shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any user content (“User Content”) that they submit, post or display; 
  • any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); 
  • they have the right and authority to render, trade, distribute or export or offer to render, trade, distribute or export their respective services described in the User content and that such trade, distribution or export or offer does not violate any Third-Party Rights; and 
  • they and their affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction. 

All Users further represent, warrant, and agree that the User content that they submit, post or display shall:

  • be true, accurate, complete and lawful; 
  • not be false, misleading or deceptive; 
  • not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; 
  • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 
  • not violate the Services listed on the Site, other terms or any applicable additional agreements; 
  • not violate any applicable laws and regulations (including but not limited to those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; 
  • not contain any link directly or indirectly to any other web sites which include any content that may violate the Terms. 

All Users further represent, warrant and agree that they shall: 

  • carry on their activities on the Sites in compliance with any applicable laws and regulations; 
  • conduct their business with other Users of the Sites in good faith; 
  • carry on their activities in accordance with the Terms and any applicable additional agreements; 
  • not use the Services or Sites to defraud any person or entity; 
  • not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity; 
  • not engage in spamming or phishing; 
  • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities; 
  • not involve in any attempts to copy, reproduce, exploit or expropriate 01HRMS’S various proprietary directories, databases and listings; 
  • not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; 
  • not involve in any scheme to undermine the integrity of the data, systems or networks used by 01HRMS and/or any User of the Sites or gain unauthorized access to such data, systems or networks; 
  • not, and their director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities are organized or have operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities/authorities; and 
  • not engage in any activities that would otherwise create any liability for 01HRMS or our affiliates. 

Users may not use the Services and User ID to engage themselves in activities which are identical or similar to 01HRMS online tech-stand business. 

Users agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for 01HRMS’S provision of the Services, evaluating whether the User has breached the Terms and/or handled any complaint against other Users. User’s failure to do so results in delay in, or suspension or termination of, the provision of any Services, 01HRMS shall not be obliged to extend the relevant Service period nor shall be liable for any loss or damages arising from such delay, suspension, or termination. 
 
Users acknowledge and agree that 01HRMS shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessed through the Services or Sites. 01HRMS does not endorse, verify or otherwise certify the contents of any comments made and other material or information shared by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 

Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Sites and Services are in compliance with the same.

4. Business Referees 

If the Companies provide a business referee or they represent, warrant and agree that they have obtained all necessary consents, approvals and waivers from their business partners and associates to:

  • act as their business referee; 
  • post and publish their contact details and information, reference letters and comments on their behalf; and 
  • that third parties may contact such business referees to support claims or statements made about them. They further warrant and agree that all reference letters and comments are true, accurate and third parties may contact the business referees without the need to obtain their consent. 

5. Permission to Use the Site 

We grant you a limited permission to access and make personal use of this Site, but not to download (excluding page caches) or modify the website and/or mobile application or any portion of it in any manner. This permission does not include any resale or commercial use of this website and/or mobile application or its contents; any collection and use of any service listings, descriptions, or any derivative use of this website and/or mobile application or its contents; any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools. 
 
This website and/or mobile application or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) must not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable. 
 
You must not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial, personal or other purposes without our express written consent, as may be applicable. 
 
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, Services, reviews, or any existing incomplete business with us and in severe cases may also result in legal action on: 

  • refusal to comply with the Terms described herein or any other guidelines and policies related to the use of the website and/or mobile application as available on the Site at all times; 
  • impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; 
  • use the Site for illegal purposes; 
  • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or Services; 
  • interfere with other User’s utilization and enjoyment of the Site; 
  • post, promote or transmit through the Site any prohibited materials as deemed illegal by United States of America ; and/or 
  • use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another User’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws. 

You agree not to undertake any action to undermine the integrity of the computer systems or networks of 01HRMS and/or any other User nor to gain unauthorized access to such computer systems or networks. 
 
You also agree not to undertake any action which may undermine the integrity of 01HRMS’s feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User. 
 
By posting or displaying any information, content or material on the Sites or providing any User Content to 01HRMS or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to 01HRMS to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to 01HRMS that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws. 

6. Conduct of Users 

You must not use the website and/or mobile application in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. 
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of United States of America or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. 
  • to cause annoyance, inconvenience or needless anxiety. 
  • to any other purposes that is other than what is intended by us 

7. Submissions by Users 

Anything that you submit to the website and/or mobile application and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard. 

8. Breaches by Users 

01HRMS reserves the right in their sole discretion to remove, modify or reject any User Content that Users submit to, post or display on the Sites which they reasonably believe is unlawful, violates the Terms, or could subject 01HRMS or their affiliates to a certain liability, and is otherwise found inappropriate in 01HRMS’s reasonable opinion. 
 
If any User breaches any Terms, or if 01HRMS has reasonable grounds to believe that a User is in breach of any Terms, 01HRMS shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation: 

  • suspending or terminating the User’s Account and any or all accounts determined to be related to such Account by 01HRMS in their discretion; 
  • restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any of the Service; 
  • removing any User Content that the User has submitted, posted or displayed, or imposing restrictions on the limits of User Content that the User may post or display; 
  • imposing other restrictions on the User’s use of any features or functions of any service as 01HRMS may consider appropriate in their sole discretion; and
  • any other corrective actions, discipline or penalties as 01HRMS may deem necessary or appropriate in their sole discretion. 

Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances: 

  • upon complaint or claim from any third party, 01HRMS has reasonable grounds to believe that such User has willfully or materially failed to perform their contract with such third party. 
  • 01HRMS has reasonable grounds to suspect that such User has used false or misleading information in any dealing with the counter party, 
  • 01HRMS has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or 
  • 01HRMS believes that the User’s actions may cause financial loss or legal liability to 01HRMS or their affiliates or any of the other Users. 

01HRMS reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, 01HRMS may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), or activities carried out on or via the Sites, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena, notice or other legal action. 01HRMS shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against 01HRMS for such disclosure. 
 
01HRMS may, at any time and in their reasonable discretion, impose limitations, suspend or terminate the User’s use of any Services or the Sites without being liable to the Users if 01HRMS has received notice that the User is in breach of any agreement or undertaking with any affiliate of 01HRMS such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. 01HRMS shall not be required to investigate such breach or request confirmation from the User. 
 
Each User agrees to indemnify 01HRMS, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms. 
 
Each User further agrees that 01HRMS is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. 01HRMS reserves the right, at the expense of the Users, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with 01HRMS in asserting any available defenses. 

B. RELATIONSHIP BETWEEN THE USERS 

Through the website and/or mobile application, 01HRMS provides electronic platforms for exchanging information between Jobseekers and Companies. 01HRMS only acts as a facilitator in connecting the Users and shall not, in any form, construed to be as a representative of either User. 
 
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. 01HRMS uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the internet is difficult, 01HRMS cannot and does not confirm each User’s purported identity (including, without limitation, paying Users). We encourage you to use other means, to evaluate with whom you are dealing. 
 
Each User acknowledges that it/he/she is fully assuming the risks of the Services being offered on the Sites, and that it/he/she is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind that are the subject of Services using the Site. Such risks shall include, but are not limited to, mis-representation of the services offered or displayed on the Sites which may violate or may be asserted to violate User’s Rights, and the risk that User may incur costs of defense or other costs in connection with Users’ assertion of its/his/her Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. All of the foregoing risks are hereafter referred to as “Site Usage Risks”. Each User agrees that 01HRMS shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Site Usage Risks. 
 
Users agrees to provide all information and materials as may be reasonably required by 01HRMS in connection with their usage of Services through the Site. 01HRMS has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials. 
 
In the event that any User has a dispute with any party to a dealing, such User agrees to release and indemnify 01HRMS (and their agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such deal/arrangement.

C. REPRESENTATIONS AND WARRANTIES 

We do not make or give any representation or warranty, respectively as to specifics (such as quality, value, salability, etc.) of the User services listed to be sold on the Site. We do not implicitly or explicitly support or endorse the rendering or acquiring of any such services on the website and/or mobile application. We accept no liability for any errors or omissions, whether on behalf of itself or third parties. 
 
We are not responsible for any non-performance or breach of any contract entered into between the Users. We cannot and do not guarantee your actions or those of the Users, inter se, as they conclude arrangements on the website and/or mobile application. We are not required to mediate or resolve any dispute or disagreement arising out of the arrangements occurring on our Site. 
 
We do not at any point of time during any arrangement as entered into by and between the Users on our Site, gain title to or have any rights or claims over the services offered by a User. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between such Users. 

D. DISCLAIMERS AND LIABILITIES 

Please review our Privacy Policy, which also governs User’s visit to the website and/or mobile application. The personal information / data provided to us by you or your use of our website and/or mobile application will be treated as strictly confidential, in accordance with the privacy agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the privacy agreement, please do not use the Site. 

9. Site only for Communication

All Users agree, understand and acknowledge that the Site is an online platform that enables them to connect with each other for hiring tech-talent and being hired by a Company. Users further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any arrangement on the Site. 

10. Continued Availability of the Site 

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

11. Claims Against Objectionable Content 

We list scores of services for rendering or acquiring by numerous Users on the website and/or mobile application and host multiple comments on listings, it is not possible for us to be aware of the contents of each service listed for rendering or acquiring, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the website and/or mobile application is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Unites States of America or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on Info@01hrms.com we will make all practical endeavors to investigate and remove valid Objectionable Content complained about within a reasonable amount of time. 
 
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of Objectionable Content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. 

12. Claims Against Infringing Content 

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at info@01hrms.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings. 
 
While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist. 

13. Disclaimer of Liability 

You acknowledge and undertake that you are accessing the Services on the Site at your own risk and are using your best and prudent judgment before entering into any agreement with other User(s) through the website and/or mobile application. We shall neither be liable nor responsible for any actions or inactions of Users nor any breach of conditions, representations or warranties by the Users of their services and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and other Users. 
 
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, fitness for a particular purpose, or legality of the services listed or displayed or the content on the website and/or mobile application. While we have taken precautions to avoid inaccuracies in content of this Site, all content, information, software, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the rendering or acquiring of any services on the website and/or mobile application. At no time shall any right, title or interest in the services offered through or displayed on the website and/or mobile application vest with us nor shall 01HRMS have any obligations or liabilities in respect of any Services on the website and/or mobile application. 
 
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site. 
 
Any material downloaded or otherwise obtained through the website and/or mobile application is done at each User’s sole discretion and risk and each User is solely responsible for any damage to 01HRMS’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from 01HRMS or through or from the Sites shall create any warranty not expressly stated herein. 

14. Limitation of Liability 

You agree that 01HRMS nor its employees, directors and personnel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the website and/or mobile application e, (ii) the liability of any User, and (iii) in connection with the Services availed through the website and/or mobile application. You further agree that 01HRMS shall not be liable for any damages arising from interruption, suspension or termination of Services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. 

15. Indemnity

You agree to defend, indemnify and hold harmless 01HRMS and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Site or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. 01HRMS shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding. You agree that this clause shall survive termination of this User Agreement. 

E. TRADEMARKS AND COPYRIGHTS 

E. TRADEMARKS AND COPYRIGHTS 01HRMS.com, 01HRMS logo, 01HRMS, and other marks indicated on our website and/or mobile application are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this website and mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. 
 
All intellectual property rights, whether registered or unregistered, in the website and mobile application, information content on the website and mobile application and all the website & mobile application design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the website and mobile application also are protected by copyright as a collective work under copyright laws and international conventions. All rights are reserved. 
 
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (“Software”). 
 
You may use the Platform solely for purposes of enabling you to use and enjoy our Services as permitted by these Terms and any related applicable terms as available on the website and mobile application. You may not incorporate any portion of the website and mobile application into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or otherwise assign any rights to the website and mobile application in whole or in part. You may not use the website and mobile application for any illegal purpose. We may cease providing you Services and we may terminate your right to use the website and mobile application at any time. Your rights to use the website and mobile application will automatically be terminated without notice from us if you fail to comply with any of the Terms listed herein or across the website and mobile application. Additional third-party terms contained within the website and mobile application or distributed as such that are specifically identified in related documentation may apply and will govern the use of such website and mobile application in the event of a conflict with these Terms. All Software used in any of our Services is our property and/or our affiliates or its Software suppliers and protected by the laws of United States of America including but not limited to any other applicable copyright laws. 
 
You may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our S website and mobile application whether in whole or in part, or create any derivative works from or of the Software.

F. GENERAL PROVISIONS

16. Communicating with Us 

When you visit the Site, access the mobile application, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, and phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Site (and/or placement of your order) and agree to treat all modes of communication with the same importance. 

17. Amendments to Conditions or Alterations of Service 

We reserve the right to make changes to the website and mobile application, its policies, these Terms and any other publicly displayed condition or Service promised at any time. You will be subject to the policies and Terms in force at the time you used the website and mobile application unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). 
 
01HRMS reserve the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the website and mobile application following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. 
 
Contact us if you have any comments or questions, please do not hesitate to reach out to us at info@01hrms.com. 

18. Events Beyond Our Control 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control. 
 
Under no circumstances shall 01HRMS be held liable for any delay or failure or disruption of the content or Services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, pendemics, orders of domestic or foreign courts or tribunals or non-performance of third parties. 

19. Waiver 

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the Terms stated on our website and/or mobile application and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms. 

20. Termination 

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or revoke any or all of your rights granted under these Terms. Upon any termination of this agreement, you shall immediately cease all access to and use of the website and/or mobile application and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this website and/or mobile application in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the website and/or mobile application shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the website and/or mobile application or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site. 

21. Governing law and jurisdiction 

These Terms are governed by the laws of United States of America. The United States courts in Delaware shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of these Terms is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect. Any offer for any feature, Service or application made on this application is void where prohibited.