Terms of Use

 

Welcome to the Terms of Use for the rohayagroup.com web site ( www.rohayagroup.com or the Site) and services powered by Rohaya Inc. and its subsidiaries. Use or access to this Site by all users and viewers (you or User) is governed by and subject to these terms and conditions of use. Please read these Terms of Use carefully and thoroughly. By accessing and using this Site, you agree that you have read and understand these Terms of Use, and that you accept and agree to be bound by the terms and conditions set forth in these Terms of Use.  If you do not agree to the terms and conditions of these Terms of Use, please do not continue to access and use this Site.

 

Acceptance and Changes to Terms of Use

These Terms of Use may be updated by Rohaya Inc. from time to time, and may be amended to incorporate additional terms specific to certain additional Rohaya Inc. products or services. All such updates and changes are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, posting a revised version of these Terms of Use or other notice on this Site. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of these Terms of Use.  Rohaya Inc. expressly reserves the right to make any changes to these Terms of Use, or to the Site and its contents, at any time without prior notice to you.  These Terms of Use were last revised on March 1, 2017.  If at any time you have questions about these Terms of Use, please feel free to contact us via the Contact Us form, via e-mail at support@rohayagroup.com, or by calling 1-646-827-3000. to speak to one of our team members. 

 

Access and Use

Rohaya Inc.'s services are available only to individuals or entities that can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to minors.  If you do not qualify, please do not use our services.  Rohaya Inc. may refuse our services to anyone at any time and reserves the right, in our sole discretion, to terminate your ability to access the site and/or any other service provided to you by Rohaya Inc..

 

This web site, the rohayagroup.com domain, related domains, and the Materials included on this Site may be used only for lawful purposes by persons or entities seeking (or supporting) our services in a lawful manner. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is not authorized by these Terms of Use.  It is the User's responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior, express written permission from Rohaya Inc. for any uses not permitted or not expressly specified in these Terms of Use.

 

Proprietary Content and Use

Rohaya Inc. authorizes the User to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by Rohaya Inc. on this site (“Materials”) solely for your personal, non-commercial use. 

 

All Materials included on this site are the property of Rohaya Inc. or its content suppliers and protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement and assembly) of all Materials on this site is the exclusive property of Rohaya Inc. and protected by U.S. and international copyright laws.  All software used on this site is the property of Rohaya Inc. or its software or content suppliers and protected by U.S. and international copyright laws.  Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of Rohaya Inc..  The use of the Materials on any other web site or in a networked computer environment is prohibited.

 

Trademarks, service marks, slogans, graphics, logos and service names of Rohaya Inc. used on this site may not be used in connection with any product or service that is not owned by Rohaya Inc., in any manner that is likely to cause confusion among Rohaya Inc.'s clients, candidates or customers, or in any manner that disparages or discredits Rohaya Inc..  All other product and service marks contained on this Web site are the trademarks of their respective owners.

 

Prohibited Uses of Web Site

In connection with your use of the site, you will not:

·        Violate any local, state, and federal rules, regulations or statutes, including but not limited to anti-discrimination or equal opportunity employment laws.

·        Post, transmit, distribute, store, upload or destroy material (i) in violation of any applicable local, state, national or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. 

·        Post or transmit any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another's right of privacy or publicity.

·        Impersonate any person or entity, including without limitation a Rohaya Inc. employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity. 

·        Post or transmit any content that you do not have a right to use, disclose, reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements).

·        Post any incomplete, false, or inaccurate information or information that is not for your own personal use in seeking employment on a full-time or part-time basis on your own behalf. 

·        Respond to any employment opportunity on the Site for any reason other than to apply for the particular job. Communications soliciting an employer's business by competitors of Rohaya Inc. are prohibited.

·         Delete or modify any material posted by any other person or entity. 

·        Print out, download or otherwise copy or use any personally identifiable information about candidates for employment other than you. 

·        Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities. 

·        Register an e-mail address which you do not own or do not have the express permission of the owner to register. 

·        Violate or attempt to violate the security or integrity of the Site, including, without limitation:

o   accessing data not intended for the User or logging into or otherwise accessing a server or account which the User is not authorized to access;

o   attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

o   attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing";

o   attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site;

o   sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or

o   forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of site, system or network security may result in civil or criminal liability. Rohaya Inc. may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

Resume

You understand and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein submitted, uploaded or otherwise posted by you on the Site. You also understand and agree that your resume may be forwarded, transmitted or ported to third party clients of Rohaya Inc. or other third parties (which may include recruiters and placement consultants).

 

User Communications and Submissions 

In the event that you transmit e-mail, instant messages or any other message, information, feedback, data, question, comments, suggestions, resumes (or material contained therein) or other items to this site (including the rohayagroup.com domain), or to any related or affiliated site (“Content”), such Content shall become the property of Rohaya Inc. and may be utilized by Rohaya Inc. in connection with its operations, services and business, and Rohaya Inc. shall have the unrestricted right to any ideas, concepts, know-how, software, documentation, diagrams, drawings or techniques contained in your communication in any manner and for any purpose whatsoever including, but not limited to, developing, creating or marketing our products and services.

 

As a user of the site, you are responsible for your own communications and are responsible for the consequences of their transmittal or posting. Rohaya Inc. does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by any user or endorse any opinions expressed by any user. You acknowledge that any reliance on material posted or provided by other users will be at your own risk. 

 

Rohaya Inc. has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by any user. If Rohaya Inc. is notified by a user of communications that may not conform to these Terms of Use, Rohaya Inc. may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Rohaya Inc. is not liable or responsible to any user for performance or nonperformance of such activities. Rohaya Inc. reserves the right to expel any user and prevent their further access to the site for violating these Terms of Use or any law, and the right to remove communications which are abusive, illegal or disruptive.

 

You understand and agree that by submitting Content to any public area of the site, including any message boards, forums, contests or chat rooms, you grant Rohaya Inc. and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such Content for personal use.

 

Links to Third-Party Sites  

This site contains links to third-party web sites. These links are provided solely as a convenience to you and the inclusion of any such link to a third-party site does not imply endorsement by Rohaya Inc. of such third-party site or the contents thereof. Rohaya Inc. is not responsible for the contents of any linked third-party site or any link contained in such linked third-party site, and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.

 

Assumption of Risk  

THE SITE AND THE MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ROHAYA INC. MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE MATERIALS, AND USE OF THE SITE AND THE MATERIALS IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME BY ROHAYA INC.. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THE RISKS OF PHYSICAL HARM, DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSES. ROHAYA INC. CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. EMPLOYMENT OPPORTUNITY POSTINGS AND LISTINGS, ARE THE SOLE RESPONSIBILITY OF THE ENTITIES ASSOCIATED WITH SUCH POSTINGS AND LISTINGS, WHICH ARE THIRD-PARTY CLIENTS OF ROHAYA INC.. USER ACKNOWLEDGES AND AGREES THAT ROHAYA INC. MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF SUCH POSTINGS, INCLUDING WITHOUT LIMITATION THE EXISTENCE AND AVAILABILITY OF ANY SUCH EMPLOYMENT OPPORTUNITIES AND THE ACCURACY AND TRUTHFULNESS OF ANY LISTED EMPLOYMENT OPPORTUNITY DESCRIPTIONS AND SALARIES. ROHAYA INC. SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE, FOR WHATEVER REASON, BY ANY ENTITY POSTING EMPLOYMENT OPPORTUNITIES OR OTHER INFORMATION ON THE SITE. IN ADDITION, NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED TO GUARANTEE EMPLOYMENT FOR ANY USER FOR ANY PARTICULAR PERIOD OF TIME. FURTHER, USER ACKNOWLEDGES AND AGREES THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN USER AND ROHAYA INC. AS A RESULT OF THESE TERMS OF USE OR YOUR USE OF THE SITE.

 

Disclaimer and Limitation of Liability      

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ROHAYA INC., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. ROHAYA INC. EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST ROHAYA INC. AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THIS SITE. ROHAYA INC. MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT YOU MAY OBTAIN.  

ROHAYA INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL ROHAYA INC. BE LIABLE FOR ANY LOST OPPORTUNITIES, INCOME OR REVENUE OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ROHAYA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ROHAYA INC.'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.

 

Indemnity

User agrees to defend, indemnify, and hold harmless Rohaya Inc., its officers, directors, employees, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site or the Materials or your breach of these Terms of Use. Rohaya Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. 

Other Agreements with Rohaya Inc.: The terms and conditions of these Terms of Use are in addition to and do not supersede any other binding agreements between the User and Rohaya Inc..

 

Arbitration.

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration. Such arbitration shall be conducted under the then current Consumer Arbitration Rules of the American Arbitration Association (the “AAA”) in New York, NY, USA. The arbitrator shall provide findings of fact and conclusions of law with any arbitral award. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

 

General. 

This site is controlled and operated by Rohaya Inc. from its offices within the state of New York, United States of America. Rohaya Inc. makes no representation that the Site or the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal or prohibited. Those who choose to access the site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the site or the Materials shall be governed by the substantive laws of the State of New York, U.S.A., without giving effect to any principles of conflicts of laws, and without reference to the 1980 United Nations Convention On The International Sale Of Goods .If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice, Privacy Policy, software license or additional terms of use on particular pages or services on the site or linked to the site, to which you agree to be bound, these Terms of Use constitute the entire agreement between you and Rohaya Inc. with respect to the use of the site. No changes to these Terms of Use shall be made except by a revised posting on this page. Except as expressly provided herein, nothing in the Materials or on this site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of Rohaya Inc. or any third party. Any and all rights not expressly granted herein are reserved by Rohaya Inc.

 

Acknowledgement

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.