1. ACCEPTANCE OF TERMS
Selco Continental Pvt. Ltd., (hereinafter referred to as “SelcoHR”), is a business entity incorporated under the laws of Sri Lanka. SelcoHR provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.selcohr.com/tos.php In addition, when using particular SelcoHR owned or operated services, you and SelcoHR shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. SelcoHR may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
SelcoHR provides users (registered employers, registered job seekers, registered affiliates and general public) through it’s website www.selcohr.com (“the Site”) recruitment solutions which include but not limited to following:
- Registered Job Seeker post his/her resume
- Registered Affiliate post the resume of a job seeker on behalf of the job seeker
- SelcoHR post the resume of a job seeker on behalf of the job seeker
- Registered Employer post his/her/its Job Vacancies
- Registered Employer view posted resumes and opt to offer employment
- Registered Job Seeker or SelcoHR respond to a posted job vacancy
- If a Job Seeker is recruited by a Employer to work in any country other than Sri Lanka, SelcoHR complete all necessary requirements set out by the Sri Lanka Bureau of Foreign Employment (SLBFE).
The Site may be used only for lawful purposes by Job Seekers seeking employment, and researching career information, Registered Affiliates representing Job Seekers, as well as Registered Employers seeking to employ the Registered Job Seekers.
The information available in SelcoHR website may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SelcoHR to provide the Service. You also understand and agree that the Service may include certain communications from SelcoHR, such as service announcements, administrative messages and the SelcoHR Newsletter, and that these communications are considered part of SelcoHR membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SelcoHR properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SelcoHR assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Sri Lanka or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SelcoHR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SelcoHR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. SELCOHR PRIVACY POLICY
You understand, acknowledge and accept that SelcoHR collects personal information about you and through your use of the Service you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SelcoHR and its affiliates. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
SelcoHR collects personal information when you register with SelcoHR, when you use SelcoHR services and when you visit SelcoHR pages. SelcoHR may combine information about you that we have with information we obtain from business partners, affiliates or other companies.
When you register we ask for information such as your name, telephone numbers, email address, birth date, gender, occupation, industry, and personal interests. When you register with SelcoHR and sign in to our services, you are not anonymous to us.
SelcoHR uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Sharing of Information
SelcoHR does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services to you or under the following circumstances:
We provide the information to SelcoHR’s Registered Employers who wish to offer you employment.
We provide the information to trusted partners who work on behalf of or with SelcoHR under confidentiality agreements. These companies may use your personal information to help SelcoHR communicate with you about offers from SelcoHR and our marketing partners. However, these companies do not have any independent right to share this information.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of SelcoHR's terms of use, or as otherwise required by law.
We transfer information about you if SelcoHR is acquired by or merged with another company. In this event, SelcoHR will notify you before information about you are transferred and becomes subject to a different privacy policy.
SelcoHR does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
SelcoHR advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
Your Ability to Edit and Delete Your Account Information and Preferences
• You can edit your SelcoHR Account Information at any time when the service is available.
• We reserve the right to send you certain communications relating to the SelcoHR service, such as service announcements, administrative messages and the SelcoHR Newsletter, that are considered part of your SelcoHR account, without offering you the opportunity to opt out of receiving them.
• You can delete your SelcoHR account by login to your SelcoHR account .However the information might possibly remain in our archived records after your account has been deleted.
Confidentiality and Security
• We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
• We have physical, electronic, and procedural safeguards that comply with necessary statutory regulations to protect personal information about you.
Changes to this Privacy Policy
• SelcoHR may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your SelcoHR account or by placing a prominent notice on our site.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SelcoHR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SelcoHR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT AND TERMS OF SERVICES
You expressly state that all data fed into the network of SelcoHR by you is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. SelcoHR expressly disclaims any liability arising out of the said data so fed into the network of SelcoHR by you. Further, you agree to indemnify SelcoHR for all losses incurred by SelcoHR due to any false, distorted, manipulated, fraudulent or misleading facts or averments made by you on the network of SelcoHR.
The Registered Employer expressly states that the jobs sought to be posted on the SelcoHR sites in existence, genuine and the user has the authority to advertise the jobs.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SelcoHR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Although SelcoHR may screen the contents posted, SelcoHR however does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SelcoHR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You hereby specifically agree that you shall, at all times, comply with the requirements of the relevant Information Technology Acts of Sri Lanka, that may be in force or will come into force, and all rules, regulations, guidelines, bye laws and notifications made thereunder, while accessing or feeding data into the computers, computer systems or computer network of SelcoHR. You further unequivocally declare that in case you violate any provisions of the said Acts and/or rules, regulations, guidelines, byelaws and notifications made thereunder, you shall alone be responsible for all your acts, deeds and things and that you alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.
You hereby expressly declare that SelcoHR has performed all due diligence within the meaning of the said Acts with respect to the user and his interaction with the computers, computer systems or computer network of SelcoHR.
You understand, acknowledge and accept that SelcoHR reserves its right to post the data on the website SelcoHR.com or on such other affiliated sites and publications as SelcoHR may deem fit and proper.
You understand, acknowledge and accept that SelcoHR will not be party to any legal proceedings between you and a party contracted through the site. In case SelcoHR is implicated in any legal proceedings, costs will be recovered from the party that names SelcoHR. SelcoHR however will abide with any court order served on it through due process.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a SelcoHR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through i above.
n. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment or placement by your company.
o. Post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Affiliates representing Job Seekers may not send that candidate's resume in response to a job posting.
p. Include any hidden text in your job postings, including words in white or otherwise invisible font or words that are more than one line lower than the main text.
q. Delete or revise any material posted by any other person or entity.
r. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
s. Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
t. Use or attempt to use (notwithstanding anything to the contrary contained herein ) any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available in the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
u. Access the Site by any means other than through the interface that is provided by the Site for use in accessing the Site.
v. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
w. Aggregate, copy or duplicate in any manner any of the materials or information available from the Site.
x. Frame of or link to any of the materials or information available from the Site.
You understand, acknowledge and accept that uploading of multiple resumes by the same individual and multiple posting of same vacancy by the same individual/entity using the same or different accounts shall entitle SelcoHR to remove said the said Resumes and Vacancy without notice to the user. Repeated attempts to post multiple resumes by the same individual and multiple posting of same vacancy by the same individual/entity using the same or different accounts shall entitle SelcoHR to block the user from using the Services of SelcoHR website.
You understand, acknowledge and accept that SelcoHR reserves its right to reject and delete any resume/ Vacancy Posting/insertion or information/data fed in by the user without assigning any reason.
You understand, acknowledge and accept that SelcoHR reserves its right to make modifications/editing of any resume/ Vacancy Posting/insertion or information/data fed in by the user in order to fit the system, standard and specific features of SelcoHR.
You acknowledge that SelcoHR may or may not pre-screen Content, but that SelcoHR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, SelcoHR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SelcoHR or submitted to SelcoHR, including without limitation information in SelcoHR Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that SelcoHR may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SelcoHR, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SelcoHR and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You understand, acknowledge and accept that SelcoHR would not be held liable for loss of any data technical or otherwise, or of the data or particulars supplied by you due to acts of god as well as reasons beyond SelcoHR’s control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond SelcoHR’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities
You understand, acknowledge and accept that it is SelcHR’s intention that only Registered Employers or prospective employers will have access to the resume database, but SelcoHR cannot guarantee that other parties will not, without SelcoHR's consent, gain access to this database. You may remove your resume from the Site at any time. However, Registered Employers who have access to the database, and other parties who have otherwise gained access to the database, may have retained a copy of your resume in their own files or databases. SelcoHR is not responsible for the retention, use, or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while resumes are in the database.
You understand, acknowledge and accept the Site is only a venue. SelcoHR may or may not screen or censor the profiles or other information. Because user authentication on the Internet is difficult ,SelcoHR cannot and does not confirm that each user is who they claim to be. SelcoHR expects that you will use caution and common sense when using the Site.
You understand, acknowledge and accept that SelcoHR has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of Registered Employers to offer job opportunities to Job Seekers or the ability of Job Seeker to fill job openings. It shall your sole prerogative and responsibility to check the authenticity of all or any response received pursuant to the data being fed into the network system of SelcoHR by you. SelcoHR assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which you may so do, pursuant to the receipt of the response, if any, to the data being fed into the network system of SelcoHR. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Site. Registered Employers are solely responsible for their postings on the Site.
You understand, acknowledge and accept that SelcoHR does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.
SelcoHR is not to be considered to be an employer with respect to your use of the Site, and SelcoHR shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.
7. INTERSTATE NATURE OF COMMUNICATIONS ON SELCOHR NETWORK
When you register with SelcoHR, you acknowledge that in using SelcoHR services to send electronic communications (including but not limited to email, search queries, sending messages to SelcoHR and other Internet activities), you will be causing communications to be sent through SelcoHR's computer networks, portions of which are located in United States of America and in Sri Lanka. As a result, and also as a result of SelcoHR's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in within Sri Lanka and international state data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Sri Lanka or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
All content posted by you becomes the property of SelcoHR and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
10. CONTRIBUTIONS TO SELCOHR
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to SelcoHR through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SelcoHR is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SelcoHR shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SelcoHR may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of SelcoHR without any obligation of SelcoHR to you; and (f) you are not entitled to any compensation or reimbursement of any kind from SelcoHR under any circumstances.
11. INDEMNITY
You agree to indemnify and hold SelcoHR and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SelcoHR ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SelcoHR may establish general practices and limits concerning use of the Service, including without limitation to the maximum disk space that will be allotted on SelcoHR's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SelcoHR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SelcoHR reserves the right to log off accounts that are inactive for an extended period of time and remove the resumes and job postings that are not renewed. You further acknowledge that SelcoHR reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
SelcoHR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SelcoHR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
15. CHARGES
SelcoHR reserves the right to charge subscription and / or membership fees in respect of any part, aspect of this Site upon reasonable prior notice
16. TERMINATION
You agree that SelcoHR may, under certain circumstances and without prior notice, immediately terminate your SelcoHR account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services, (i) repeated attempts post multiple Resumes or Job Vacancies by the same individual/entity. Termination of your SelcoHR account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in SelcoHR's sole discretion and that SelcoHR shall not be liable to you or any third party for any termination of your account or access to the Service.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SelcoHR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
18. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SelcoHR has no control over such sites and resources, you acknowledge and agree that SelcoHR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SelcoHR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. SELCOHR'S PROPRIETARY RIGHTS
You acknowledge and agree that the compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of SelcoHR and is protected by Sri Lankan and international copyright laws.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by SelcoHR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SelcoHR grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SelcoHR for use in accessing the Service.
20. DISCLAIMER OF WARRANTIES
The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. Certain links on the Site lead to resources located on servers maintained by third parties over whom SelcoHR has no control or connection, business or otherwise as these sites are external to SelcoHR. You agree and understand that by visiting such sites you are beyond the SelcoHR website. SelcoHR therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE INFORMATION/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELCOHR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SELCOHR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS neither endorses nor offer any judgment or warranty and accept no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on SelcHR site(s).
c. SELCOHR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELCOHR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
f. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
g. Part of the Site may contain advertising/other material submitted to SelcoHR by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and SelcoHR will not be responsible for any claim, error, omission or inaccuracy in advertising material. SelcoHR reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to SelcoHR terms and conditions which are available on request
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELCOHR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELCOHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
23. Force Majeure
SelcoHR shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
25. NOTICE
SelcoHR may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
26. TRADEMARK INFORMATION
The SELCOHR, SelcoHR logo and service marks and other SelcoHR logos and product and service names are trademarks of Selco Continental Pvt. Ltd. (the "SelcoHR Marks"). Without SelcoHR's prior permission, you agree not to display or use in any manner the SelcoHR Marks.
27. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
SelcoHR respects the intellectual property of others, and we ask our users to do the same. SelcoHR has no responsibility for content on other web sites that you may find or access when using SelcoHR’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of Sri Lanka and/or other countries. The terms of use of those web sites, and not the SelcoHR Terms of Service, govern your use of that material.
It is SelcoHR’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of SelcoHR and/or others. You understand that you, not SelcoHR, may be subject to legal actions by the owners such intellectual properties for your infringement whether intentional or not.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and SelcoHR and governs your use of the Service, superseding any prior agreements between you and SelcoHR with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SelcoHR services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and SelcoHR shall be governed by the laws of Sri Lanka without regard to its conflict of law provisions. You and SelcoHR agree to submit to the personal and exclusive jurisdiction of the courts located within Sri Lanka.
Waiver and Severability of Terms. The failure of SelcoHR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SelcoHR account is non-transferable and any rights to your SelcoHR ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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