This document is an “electronic record” in terms of Information Technology Act, 2000 as amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures

Terms of Service

The effective date of these Terms of Service is October 01, 2011.

By accessing or using any features of this website, (the “SHI Site”) operated and managed by Sears IT and Management Services (India) Private Limited (“SHI” “we” or “us”), you agree to be bound by these terms and conditions of service (“Terms of Service”). All visitors to and users of any aspects of the SHI Site including you (“Users”) are legally bound by these Terms of Service. Your access to and use of the SHI Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the SHI Site.

Please note that the guidelines, policies and other terms and conditions of service and use of websites affiliated with SHI may vary from these Terms of Service.

Changes to the SHI Site

As a User of the SHI Site, you may, from time to time, post content and share it with other Users, read content generated by other visitors to the SHI Site and other affiliated sites, including third party postings, reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available by you or any other User (“User Content”) via the SHI Site. You acknowledge and agree that we do not control the User Content posted to the SHI Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the SHI Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or services, information, content or materials featured or mentioned on the SHI Site ,or (iii) we do not actively monitor, and undertake no obligation to monitor or modify, any User Content. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not in any manner represent our views. You agree and understand that the SHI Site, including any and all features available via the SHI Site and any User Content, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the SHI Site implemented after your initial access to the SHI Site shall be subject to these Terms of Service.

Notwithstanding the above, we reserve the right to investigate and take appropriate action, in our sole discretion against anyone who violates these Terms of Service including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators’ use of the SHI Site and availing any other remedy under these Terms of Service or in law or equity.

IN NO EVENT SHALL WE BE LIABLE FOR ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. A USER SHALL FULLY AND UNCONDITONALLY INDEMNIFY AND HOLD HARMESS, SHI AND/OR ITS REPRESENTATIVES AND AFFILIATES IN CASE OF ANY LOSS OR LIABILITY ARISING ON ACCOUNT OF ANY SUCH USER CONTENT POSTED BY A USER WHICH IS IN VIOLATION OF THESE TERMS OF SERVICE. THIS RIGHT OF INDEMNITY SHALL BE AVAILABLE TO SHI AND/OR ITS REPRESENTATIVES AND AFFILIATES IN ADDITION TO AND WITHOUT LIMITATION TO ANY OTHER RIGHTS AND REMEDIES THAT ARE AVAILABLE UNDER THESE TERMS OF SERVICE OR UNDER LAW OR IN EQUITY.

Registration

If you wish to apply for a job with SHI or post content on the SHI Site you may be required to register with our website www.searsholdings.in

In order to access some features of the SHI Site, you may be required to register, and provide an email address and other information (“User ID”) as may be required by us from time to time. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition to the above, we reserve the right to refuse registration of, or cancel a User ID of any person at our discretion.

IN NO EVENT SHALL WE BE MADE LIABLE FOR REFUSING THE REGISTRATION OF ANY PERSON OR TERMINATING THE REGISTRATION OF AN EXISTING USER WITHOUT ANY REASON OR PRIOR NOTICE.

IN NO EVENT, SHALL WE BE HELD LIABLE OR RESPONSIBLE FOR ANY LOSS INCURRED TO YOU OR ANY USER OR A THIRD PARTY DUE TO SOME USER VIOLATING THE TERMS OF THIS PARAGRAPH, HOWEVER, WE SHALL CO-OPERATE WITH YOU OR SUCH USER OR THE THIRD PARTY TO THE BEST OF OUR ABILITY IN ORDER TO BRING ANY ACTION AGAINST THE USER VIOLATING THE TERMS OF THIS PARAGRAPH.
WE SHALL ALSO NOT BE HELD RESPONSIBLE IF YOU OR ANY OTHER USER INCUR ANY LOSS OR DAMAGE DUE TO A CHANGE IN ADDRESS OR ANY CONTACT DETAILS AND THE SAME HAS NOT BEEN COMMUNICATED TO US.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. The User ID and password used by you for your access to the SHI Site shall be for personal and non-commercial purposes only. You agree to (i) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (ii) ensure that you exit from your account at the end of each session.

YOU AGREE TO FULLY AND UNCONDITIONALLY INDEMNIFY AND HOLD HARMLESS SHI AND/OR ITS REPRESENTATIVES AND AFFILIATES AGAINST ANY LOSS OR DAMAGE CAUSED DUE TO ANY ACT OCCURING FROM YOUR USER ID IRRESPECTIVE OF THAT BEEN DONE IN AN UNAUTHORISED MANNER.

Use of the Site/Services

You may use the SHI Site solely for personal and non-commercial use. For example, you may use the SHI Site to apply for a job and/or to submit a resume. You may also invite people you know to apply for a job via the SHI Site. You understand that, by using the SHI Site, you may be exposed to User Content that is offensive, indecent or objectionable, for which we are not responsible or liable. You understand that we may block, restrict, disable, suspend or terminate your access to all or part of the SHI Site, services and materials at any time in our sole discretion, without prior notice or liability to you. You understand that all other rights, title and interest not expressly granted herein are reserved by SHI.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):

  • Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the SHI Site, except and to the extent expressly permitted under these Terms of Service;
  • Remove any copyright, trademark or other proprietary rights notice contained in or on the SHI Site;
  • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the SHI Site;
  • Collect any information about other Users (including usernames and/or email addresses) for any purpose other than to share reviews with other Users;
  • Reformat or frame any portion of any Web pages that are part of the SHI Site;
  • Create user accounts by automated means or under false or fraudulent pretenses;
  • Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the SHI Site;
  • Submit to the SHI Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • Transmit or upload to the SHI Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the SHI Site, any other website, or any computer or other device or system, or the enjoyment of the SHI Site by any User;
  • Use the SHI Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • Submit to the SHI Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the SHI Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • Copy or store any User Content offered on the SHI Site other than for your personal, non-commercial use;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the SHI Site or the information technology infrastructure used to operate and make the SHI Site unavailable;
  • Use the SHI Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law;
  • Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
  • Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted By You on the SHI Site

Without limiting the generality of any other provisions of these Terms of Service, you agree that:

  • You will not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content which, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity. You are solely responsible for any User Content you post, publish or display on the SHI Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the SHI Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only such User Content which you believe to be true and accurate, and you will not post to the SHI Site any such User Content that is false, illegal, inaccurate, misleading or fraudulent.
  • By uploading User Content to the SHI Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) SHI, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all rights you may have in or with respect to any User Content you post to the SHI Site.
  • The following is a partial list of the kind of User Content that is illegal under the respective applicable laws of India and/or is prohibited on or through the SHI Site. You may not post any content that:
    • Is patently offensive to Users of the SHI Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • Harasses or advocates harassment of another person;
    • Promotes illegal activities or conduct that is abusive;
    • Is threatening, obscene, defamatory or libelous;
    • Is pornographic or sexually explicit in nature; or
    • Seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Copyrights

It is SHI’s policy to block access to or remove material that it believes to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users and remove and discontinue use or access by offenders.

If you believe any User Content or any other aspect of the SHI Site infringes your copyright, you should inform our designated person at the address given below. Such information must provide for the following:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the SHI Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated person for notice of claims of copyright infringement on the SHI Site may be reached at the following address:

SEARS IT AND MANAGEMENT SERVICES INDIA
EON SEZ, CLUSTER C, 7TH FLOOR, KHARADI, PUNE 411 014

Or by This email address is being protected from spambots. You need JavaScript enabled to view it.:

Once SHI has received a notice, SHI may, at its sole discretion remove or disable access to the material claimed to having breached the notifier’s copyrighted works.

No liability for third party

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the SHI Site, such activity would be solely between you and the third party. SHI shall have no liability, obligation or responsibility for any such activity.

Privacy

Use of the SHI Site is also governed by our policy in relation to privacy which is available on the SHI Site (“Privacy Policy”). If you are unwilling to be bound by the said Privacy Policy, you should not access or use the SHI Site.

Ownership

The SHI Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the SHI Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Further, subject to any licenses and rights expressly granted herein, any User Content posted by you or any other User is owned by you or such other User. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the SHI Site without our prior express written permission.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SHI SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SHI SITE, IS ENTIRELY AT YOUR OWN RISK AND VOLITION, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDEDON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SHI SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SHI SITE, AND ALL OTHER CONTENT, SERVICES, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SHI SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SHI SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SHI SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SHI SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SHI SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SHI SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

No Liability

IN NO EVENT SHALL SHI OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE SHI SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SHI SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Indemnity

Without prejudice to any other right that we may have under these Terms of Service, you agree to indemnify and hold SHI and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the SHI Site, (ii) your use of the SHI Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the SHI Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party websites, the content of which is not under our control.We make no representations whatsoever about any other website to which you may have access through the SHI Site. We provide these links merely as a convenience and we are not responsible for the content of such advertisements or links, any services or other materials relating to such advertisements, any linked website, or any link contained in a linked website. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked website or any content therein. When you access a non-SHI Site, you do so at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. By clicking on any of the hyperlinks to third-party websites on this SHI Site, you acknowledge and agree to the foregoing limitations.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SHI SITE, ANY SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Modifications to Terms of Service

We reserve the right to make changes to these Terms of Service, at any time, without prior notice to you. Any modifications to the Terms of Service will be effective upon posting of such Terms of Service on the SHI Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the SHI Site after any modifications indicates your acceptance of the modified Terms of Service.

Governing Law and Dispute Resolution

Any dispute related to the SHI Site, these Terms of Service or use or inability to use the SHI Site will be governed by the laws of India.

You specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000, as also rules, regulations, guidelines, bye laws and notifications made there under, while assessing or feeding any insertion or information/data into the computers, computer systems or computer network of SHI. You further unequivocally agree that in case you violate any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made there under, you shall alone be responsible for all your acts, deeds and things and that you alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

Any dispute, controversy, or claim arising out of, relating to, involving, or having any connection with these Terms of Service or otherwise related to in any way to your visit to or participation on the SHI Site including any question, interpretation, scope, performance, or enforceability of this dispute resolution provision shall be submitted to arbitration in accordance with the Indian Arbitration and Conciliation Act 1996 (“Act”) and rules framed there under. The arbitration shall be conducted by a sole arbitrator who shall be appointed by SHI.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind SHI in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the SHI Site. These Terms of Service, modified from time to time, shall be deemed accepted by you upon your use of the SHI Site, constitute the entire agreement among you and SHI regarding the use of the SHI Site. SHI’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sub licensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Contact and Violations

Please contact us with any questions regarding these Terms of Service and feel free to report any violations of the Terms of Service to This email address is being protected from spambots. You need JavaScript enabled to view it. For the purposes of establishing and maintaining effective and direct communication, you may provide any notice contemplated hereby, to the point of contact hereunder: