Terms and Conditions for The Next Fly

1) Introduction

Thenextfly.com (the “Site”) and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) (“the Application”), are owned and operated by **** (“Company”). The Site and Application are collectively referred to as the Platform.

By using the Platform, You (the user) agree to abide by the Terms of Use. If you do not accept the Terms of Use, you should not use or access the Platform.

2) Purpose

The Platform is made available for use only by:

• (a) Individuals searching for job opportunities and career services (Job Seekers);
• (b) Individuals or organizations posting job vacancies (Recruiters).

Collectively referred to as Users. The Platform is a preliminary medium for genuine job-related connections (Purpose).

3) Binding Agreement

The Terms of Use form a binding legal agreement (Agreement) between You and the Company. If you use the Platform on behalf of a Recruiter, you warrant that you are authorized to accept these Terms for both yourself and the Recruiter.

YOUR ACCESS INDICATES ACCEPTANCE OF THESE TERMS AND IS AT YOUR OWN RISK.

4) Eligibility

By using the Platform, you confirm that:

• (a) You are legally competent under Indian law to enter a binding agreement;
• (b) You are eligible to use the Platform for the stated Purpose.

5) Use of the Platform

The Platform and its services (free or paid) are to be used only for lawful and legitimate activities related to the Purpose.

The Company reserves the sole right to determine compliance with these Terms.

Prohibited Activities

1. Unauthorized Use of Content
   • Copying, downloading, modifying, or distributing any content (CVs, photos, data).
   • Using content for non-genuine purposes.
2. Commercial Exploitation
   • Using the Platform for profit or third-party gain.
   • Running competing services or charging fees.
   • Approaching users for non-job-related matters.
3. Automated Scraping & Unauthorized Access
   • Using bots, crawlers, or scripts to access the Platform.
   • Hacking, password mining, or unauthorized code modification.
4. Security Violations
   • Bypassing CAPTCHA or security mechanisms.
   • Impersonation, header forging, or disrupting Platform functionality.
5. Harassment & Spam
   • Stalking, spamming, or threatening users.
   • Sending unrelated or offensive messages.
   • Training AI models using data without permission.
6. Illegal & Harmful Content
   • Violating laws or IP rights.
   • Uploading viruses or promoting illegal activity.
   • Content threatening national security or public order.

Additional Conditions

Job Seeker & Recruitment Solutions may have specific terms, which form part of these Terms of Use.

Notice

• The Platform does not act as an agent (express/implied) or labor consultant for any user.
• The Company operates directly and has no agents.

Consequences of Misuse

1. Request supporting documents to verify account activity.
2. Suspend/terminate access without notice.
3. Remove non-compliant content.
4. Report violations to authorities or initiate legal action.
5. Seek compensation (damages, injunctions) for losses caused by misuse.

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6) Limitations on Use

You agree to comply with all usage restrictions imposed by The Next Fly, including geographic or access limitations and quantity-based restrictions. Violations may result in immediate suspension and legal action.

7) Accuracy of User Information

All information provided during registration, profile creation, or Platform use must be accurate, complete, and up-to-date. Impersonation is strictly prohibited.

• False or incomplete profiles may be removed/suspended.
• Access may be terminated for invalid contact details.
• The Company may request verification at any time.

8) Account Security

• You are solely responsible for safeguarding your login credentials.
• Do not share credentials with others.
• You are liable for all activities under your account.
• Report unauthorized access to legal@thenextfly.com.

9) Third-Party Links

• The Platform may contain links to external sites for user convenience.
• The Next Fly does not endorse or control third-party content.
• Users access such links at their own risk.
• The Company is not liable for damages from third-party websites.

10) Disclaimers

• The Next Fly operates as an intermediary under India’s IT Act, 2000.
• User-Generated Content: The Company is not responsible for its accuracy or legality.
• No Endorsement: Any references to third-party products/services are informational.
• "As Is" Basis: The Platform is provided without warranties, including:
  • Accuracy or reliability of content
  • Virus-free or uninterrupted service
  • Employment or recruitment outcomes

11) User Responsibility

• All interactions are at your own risk.
• Users should conduct independent verification before making decisions.
• The Company provides no guarantees regarding:
  • Job application responses
  • Authenticity of data
  • Legal, financial, or career advice

12) Limitation of Liability

• The Company is not liable for:
  • Indirect damages (loss of profits, data, or reputation)
  • Technical issues (downtime, software bugs)
  • User decisions (e.g., hiring, negotiations)
• Maximum Liability: Limited to fees paid (if any).

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13) Privacy Policy

• Your use is governed by our Privacy Policy.
• We follow privacy laws on a best-efforts basis.
• Configure your profile visibility and preferences responsibly.
• Feedback is non-confidential.
• Shared content may be viewed, copied, or downloaded by others.
• We may use your data (e.g., clicks, job applications) for personalized experiences without compensation.

14) Payment Terms & Refund Policy

1. Payment Obligations: Full payment in advance; no refunds unless stated otherwise.
2. Tax Invoices: Sent via email.
3. Service Guarantees: Access to the platform during the subscription period only.
4. Termination Consequences: Misuse may result in loss of payments or adjustments against dues.
5. Third-Party Payments: The Company is not responsible for external gateway issues or misuse.
6. TDS Compliance: Submit certificates promptly or risk reimbursement demands.

15) Amendments to Terms

We may update these Terms anytime without notice.

• Modified Terms take effect immediately upon posting.
• Your continued use constitutes acceptance.
• Regularly review Terms to stay informed.

16) Intellectual Property Rights

Respect our proprietary rights.

• All Platform content (trademarks, logos, databases, code) is owned by The Next Fly.
• You receive a limited, revocable license for personal use only.
• No sublicensing/transfer permitted.
• User-submitted content is non-confidential and grants us a perpetual, royalty-free license to use/modify/distribute globally.
• Indemnify us against claims arising from your content.

17) Local Laws

Comply with your jurisdiction’s regulations, including import/export laws.

18) Indemnification

You agree to protect The Next Fly from legal claims.

• Indemnify the Company, its directors, and affiliates against all damages (direct/indirect) from your Platform use or violations.

19) Taxes

Taxes (GST/VAT/etc.) are additional.

• Provide accurate tax details (e.g., SEZ/Free Zone status).
• The Company relies on user-submitted data for tax compliance.
• You must reimburse us for penalties due to your errors.

20) Termination & Suspension

We may suspend/terminate access anytime.

• Reasons include Terms violations or Company discretion.
• Rights revert to The Next Fly upon termination.
• Return all unused data immediately.
• Confidentiality survives termination: Proprietary data (pricing, beta trials) must remain confidential.

Key Updates:

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21) Dispute Resolution

All disputes arising from Platform use shall be resolved through binding arbitration in New Delhi, India under the Arbitration & Conciliation Act, 1996. A neutral arbitrator appointed by The Next Fly will issue a final decision.

• The Company isn't liable for disputes between Users
• Legal costs will be recovered from parties who unnecessarily involve The Next Fly in litigation
• The Company will comply with valid court orders

22) Governing Law

These Terms are governed by Indian law. Exclusive jurisdiction for all disputes resides with courts in New Delhi, India.

23) Complete Agreement

These Terms supersede all prior agreements, whether written or oral. No external statements (advertisements, catalogs, etc.) modify these Terms.

24) Severability

If any provision is deemed invalid, the remaining Terms remain fully enforceable. Invalid provisions will be modified to achieve their original intent to the fullest legal extent.

25) Transfer Restrictions

Your Platform access is personal and non-transferable. Any attempted assignment/sublicensing is void. Violations may result in legal action including injunctions and damages.

26) Service Availability

Services are provided "AS IS" with no uptime guarantees. We may modify or discontinue services due to:

• Legal/regulatory requirements
• Force majeure events
• Other circumstances beyond our control

27) Fraud Prevention

Credit card purchases require verification before activation to prevent fraud.

28) Contact Information

For inquiries, contact:

• General queries: feedback@thenextfly.com
• Fraud reports: compliance@thenextfly.com
• Content complaints: Grievance Officer via Platform interface

29) Jobseeker Terms

1. Profile Visibility
   • Your resume may be searchable by subscribed recruiters
   • Unregistered users can view but not contact you
   • Adjust privacy settings to control access
2. Communications
   • Receive job alerts (opt-out available)
   • Get promotional offers (opt-out available)
   • Update your profile freely (some auto-updated fields)
3. Usage Rules
   • Provide accurate information
   • Use only for legitimate job applications
   • No false/offensive content
   • Facebook/Google login grants us profile access
4. Application Process
   • We forward applications to advertisers
   • We're not responsible for recruiter application forms
   • Your data may be used for job matching
   • Public information may be accessed globally
5. Paid Services
   • Non-transferable with no refunds
   • Resume services require timely responses (7–30 day limits)
   • Job alerts use automated matching (verify opportunities independently)
6. CV Maker Tool
   • Available via free/paid plans
   • Personal use only (no commercial exploitation)
   • No guarantees on CV effectiveness
   • Technical support via 360.support@thenextfly.com

30) Recruiter Terms

1. Proper Use
   • Contact candidates only for genuine vacancies
   • No spam/misleading communications
   • No unauthorized job postings
   • Violations may cause immediate termination without refund
2. Data Compliance
   • Verify all job postings are authorized/legitimate
   • Adhere to daily CV access limits
   • Don't transfer resumes outside your organization (unless a consultant)
   • Comply with all data protection laws (including GDPR where applicable)
3. Security Obligations
   • Implement technical/organizational data safeguards
   • Limit access to authorized personnel only
   • Destroy data after 90 days (180 for applicants)
   • Provide compliance certificates upon request
4. Posting Requirements
   • Obtain all necessary licenses
   • We may edit listings to fit our format
   • We can reject listings without cause
   • Services begin after full payment
5. Service Limitations
   • No guarantees on response quality/quantity
   • Verify all candidate information independently
   • Never charge applicants fees
   • We may modify Platform design without notice
6. Additional Services
   • Response Manager and RESDEX access available
   • Data storage limits apply during service period
   • Microsites limited to one company/entity