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Privacy Reminder -- Protect
your personal information by never providing credit card, bank account numbers
or any other information open to misuse, to prospective employers.
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This page states the "Terms
of Use" under which You may use himalayaslive.com, a brand which belongs to
Cirrus Global Solutions India (P) Ltd. These Terms of Use include the
himalayaslive.com Privacy Statement which is incorporated into these Terms of
Use by reference. By using himalayaslive.com, You are indicating your agreement
to these Terms of Use, including the Privacy Statement. Please read this page
carefully. If You do not accept the Terms of Use stated here, do not use the
Web Site and the services. By using himalayaslive.com, You are indicating your
acceptance to be bound by the provisions of these Terms of Use. Cirrus Global
Solutions India (P) Ltd. (or the "Company") may revise these Terms of Use at
any time by updating this posting. You should visit this page periodically to
review the Terms of Use, because they are binding on You. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing this
web site for any reason.
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1. Eligibility:
You must be 18 years of age or older to visit or use
himalayaslive.com in any manner. By visiting himalayaslive.com or accepting
these Terms of Use, You represent and warrant to the Company that You are 18
years of age or older, and that You have the right, authority and capacity to
agree to and abide by these Terms of Use. You also represent and warrant to the
Company that You will use himalayaslive.com in a manner consistent with any and
all applicable laws and regulations.
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2. Use of Content:
The Company authorizes You to view and access the copy
of content available on or from himalayaslive.com solely for your personal use.
The contents of himalayaslive.com, and of all other websites under the
Company's control, whether partial or otherwise (himalayslive.com and such
other websites are sometimes collectively referred to as "Cirrus Global
Solution’s Sites ") such as text, graphics, images, logos, button icons,
software and other Content (collectively, "Cirrus Global Solution’s Content"),
are protected under both India and foreign copyright, trademark and other laws.
All Cirrus Global Solution’s Content is the property of the Company or its
content suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on the Site are the exclusive property
of the Company and protected by Indian and international copyright laws.
Unauthorized use of the Content may violate copyright, trademark, and other
laws. You must retain all copyright, trademark, servicemark and other
proprietary notices contained in the original Content on any copy You make of
the Content. You may not sell or modify the Content or reproduce, display,
publicly perform, distribute, or otherwise use the Content in any way for any
public or commercial purpose. The use of the Content on any other web site or
in a networked computer environment for any purpose is prohibited. You shall
not copy or adapt the HTML code that the Company creates to generate any
Content or the pages making up any Site which is also protected by the
Company's copyright.
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3. himalayaslive.com
Site Restrictions:
Users may not use any Site in order to transmit,
distribute, store or destroy material, including without limitation Content,
(a) in violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security
of any Site, including, without limitation the following activities: (a)
accessing data not intended for such user or logging into a server or account
which the user is not authorized to access; (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to any Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability. The Company will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
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4. Specific Prohibited
Uses:
Post jobs or content on any Cirrus Global Solution’s
Site that contain any hyperlinks, "hidden" keywords or any keywords that are
irrelevant to the job or are otherwise misleading contained in a job posting
are prohibited; (c) post jobs for modeling or talent or talent scouting
positions on any of our Sites; (d) post or submit to any Cirrus Global
Solution’s Site any incomplete, false or inaccurate biographical information or
information which is not your own; (e) post on any Cirrus Global Solution’s
Site any franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only (except for postings
that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), requires recruitment of other members,
sub-distributors or sub-agents; (f) send unsolicited mail or e-mail, making
unsolicited phone calls or send unsolicited faxes regarding promotions and/or
advertising of products or services to a user of any Cirrus Global Solution’s
Site; (g) delete or revise any material posted by any other person or entity;
(h) take any action that imposes an unreasonable or disproportionately large
load on any Cirrus Global Solution’s Site's infrastructure; (i) notwithstanding
anything to the contrary contained herein, use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search any Cirrus Global Solution’s Site other than the search
engine and search agents available from the Company on such himalayaslive.com
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer); (j) attempt to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any way
making up a part of any Cirrus Global Solution’s Site; (l) aggregate, copy or
duplicate in any manner any of the Cirrus Global Solution’s Content or
information available from any Cirrus Global Solution’s Site; or (m) frame or
link to any of Cirrus Global Solution’s Content or information available from
any Cirrus Global Solution’s Site.
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5. Registration
Information:
When You register with any Cirrus Global Solution’s
Site, You will be asked to provide the Company with certain information
including, without limitation, a valid email address (your "Information"). In
addition to the Terms of Use and any privacy policy applicable to any Cirrus
Global Solution’s Web Site, You understand and agree that the Company may
disclose to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. The Company will not disclose to
any third party your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such information is
relevant. The Company reserves the right to offer third party services and
products to You based on the preferences that You identify in your registration
and at any time thereafter; such offers may be made by the Company or by third
parties. Please see the Company's Privacy Statement for further details
regarding your Information. Without limiting any of the other disclaimers of
warranty set forth in these Terms of Use, Resumemantra.com does not provide or
make any representation as to the quality or nature of any of the third party
products or services purchased through the Resumemantra.com or any other Cirrus
Global Solution’s Site, or any other representation, warranty or guaranty. Any
such undertaking, representation, warranty or guaranty would be furnished
solely by the provider of the applicable class, or learning material, product
or service, under the terms agreed to by the provider.
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6. User Content and
Submissions:
You are solely responsible for your himalayaslive.com
Account information, content, messages or other information ("User Content")
that You submit, publish or display (hereinafter, "post") on any Cirrus Global
Solution’s Site or transmit to other Users. By posting User Content to any
Cirrus Global Solution’s Site, You automatically grant, and You represent and
warrant that You have the right to grant, to Cirrus Global Solution’s an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such User Content and to prepare
derivative works of, or incorporate into other works, such User Content, and to
grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of
any Cirrus Global Solution’s Site, including message boards, forums, contests
and chat rooms, You grant the Company and its affiliates the loyalty-free,
perpetual, irrevocable, sublicense able (through multiple tiers), 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 User 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,
and store and reproduce such User Content for personal use. Subject to the
foregoing, the owner of such User Content placed any Resumemantra.com Site
retains any and all rights that may exist in such User Content.
The Company acts as a passive conduit for the online
distribution and publication of User Content and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring User Content posted by Users. However, the Company may review and
delete any User Content that, in the sole judgment of Cirrus Global Solution’s,
violates these Terms of Use, violates applicable law, rule or regulation, is
offensive or illegal or violates the rights of, harms or threatens the safety
of Users of any Cirrus Global Solution’s Site. The Company reserves the right
to expel Users and prevent their further access to the Cirrus Global Solution’s
Sites for violating the Terms of Use or applicable law, rule or regulation and
the right to remove User Content which is in violation of the Terms of Use,
abusive, illegal, or disruptive. The Company may take any action with respect
to User Content that it deems necessary or appropriate in its sole discretion
if it believes it may create liability for the Company or may cause the Company
to lose (in whole or in part) the services of its ISPs or other suppliers. The
following is a partial list of User Content that is prohibited on the Cirrus
Global Solution’s Sites. The list below is for illustration only and is not a
complete list of all prohibited User Content:
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• Is implicitly or explicitly offensive, such as User Content
that engages in, endorses or promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
• Harasses, incites harassment or advocates harassment of
another any group or individual;
• Involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
• Promotes or endorses false or misleading information or
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
• Promotes or endorses an illegal or unauthorized copy of
another person's copyrighted work, such as providing or making available
pirated computer programs or links to them, providing or making available
information to circumvent manufacture-installed copy-protect devices, or
providing or making available pirated music or other media or links to pirated
music or other media files;
• Contains restricted or password only access pages, or hidden
pages or images;
• Displays or links to pornographic, indecent or sexually
explicit material of any kind;
• Provides or links to material that exploits people under the
age of 18 in a sexual, violent or other manner, or solicits personal
information from anyone under 18; or
• Provides instructional information about illegal activities
or other activities prohibited by these Terms, including without limitation,
making or buying illegal weapons, violating someone's privacy, or provides or
creates computer viruses or pirating any media; and solicits passwords or
personal identifying information from other Users;
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Cirrus Global Solution’s
reserves the right in its sole discretion to investigate and take legal action
against anyone who engages in any illegal or prohibited conduct or otherwise
violates these Terms of Use, including without limitation, removing the User
Content from the Cirrus Global Solution’s Sites and/or terminating the
offending User's ability to access the Cirrus Global Solution’s Sites and/or
use Cirrus Global Solution’s services. The Company may take any other action
with respect to User Content or User actions that it deems necessary or
appropriate in its sole discretion if it believes it may create liability for
the Company or may cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of User Content or any other communications posted by
Users or endorse any opinions expressed by Users. You acknowledge that any
reliance on material posted by other Users will be at your own risk.
The Company has no obligation to screen User Content in
advance and is not responsible for screening or monitoring User Content posted
by Users. If notified by a User of communications which allegedly do not
conform to these Terms of Use, the Company may in its sole discretion
investigate the allegation and determine whether to take any other actions
whether to remove or request the removal of the User Content. The Company has
no liability or responsibility to Users for performance or nonperformance of
such activities.
We appreciate hearing from our Users and welcome your comments
regarding our services and the Cirrus Global Solution’s Sites. Please be
advised, however, that our policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials other than those which we
have specifically requested. While we do value your feedback on our services,
please be specific in your comments regarding our services and do not submit
creative ideas, inventions, suggestions, or materials. If, despite our request,
You send us creative suggestions, ideas, drawings, concepts, inventions, or
other information (collectively the "Submission"), the Submission shall be the
property of the Company. None of the Submission shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any
use or disclosure of any Submission. The Company shall own exclusively all now
known or later discovered rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose whatsoever, commercial or
otherwise, without compensation to You or any other person who submitted the
Submission.
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7. Registration and
Password:
You are responsible for maintaining the confidentiality
of your himalayas.com Account and passwords. You shall be responsible for all
uses of your Web Site registrations and passwords, whether or not authorized by
You. You agree to immediately notify the Company of any unauthorized use of
your himalayaslive.com Account, and passwords.
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8. Policy Regarding
Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright
Or Other Intellectual Property Rights Of Others:
himalayaslive.com, Cirrus Global Solutions India (P)
Limited and all of our affiliated companies respect the intellectual property
of others, and we ask our users, account holders and content partners to do the
same. The unauthorized reproduction, copying, distribution, modification,
public display or public performance of copyrighted works constitutes
infringement of the copyright owners rights. As a condition to your use of
himalayaslive.com, You agree not to use himalayaslive.com or any other Cirrus
Global Solution’s Site to infringe the intellectual property rights of others
in any way. We will terminate the accounts of any himalayaslive.com account
holders, and block access to himalayaslive.com and/or the other Cirrus Global
Solution’s Sites of any Users who are repeat infringers of the copyrights, or
other intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice, and
without any liability to the account holder who is terminated or to the User
whose access is blocked.
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9. The Company's
Liability:
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 himalayaslive.com and/or the other Cirrus Global Solution’s
Sites. By its very nature, other people's information may be offensive, harmful
or inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that You will use caution and common sense when using himalayaslive.com
and/or the other Cirrus Global Solution’s Sites.
Because user authentication on the Internet is difficult, the
Company cannot and does not confirm that each User is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or control
the behavior of participants on any Cirrus Global Solution’s Site, in the event
that You have a dispute with one or more Users, You release the Company (and
our agents and employees) from claims, demands and damages (actual and
consequential, direct and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
The Cirrus Global Solution’s Sites and the Cirrus Global
Solution’s Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability, completeness,
or timeliness of any Cirrus Global Solution’s Site or the Cirrus Global
Solution’s Content. The use of all Cirrus Global Solution’s Sites and the
Cirrus Global Solution’s Content is at your own risk. Changes are periodically
made to Cirrus Global Solution’s Sites and may be made at any time.
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
Cirrus Global Solution’s Sites. Employers are solely responsible for their
postings on Cirrus Global Solution’s Sites. The Company is not to be considered
to be an employer with respect to your use of any Cirrus Global Solution’s Site
and the Company shall not be responsible for any employment decisions, for
whatever reason made, made by any entity posting jobs on any Cirrus Global
Solution’s Site.
Cirrus Global Solutions India (P) Ltd. cannot guarantee and does not promise
any specific results from use of Resumemantra.com or any Cirrus Global
Solution’s Site. No advice or information, whether oral or written, obtained by
a User from Cirrus Global Solution’s or through or from Resumemantra.com or any
other Cirrus Global Solution’s Site shall create any warranty not expressly
stated herein.
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10. Disclaimer of Warranty:
THE COMPANY DOES NOT WARRANT THAT ANY CIRRUS GLOBAL
SOLUTION’S SITE WILL OPERATE ERROR-FREE OR THAT ANY CIRRUS GLOBAL SOLUTION’S
SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF ANY CIRRUS GLOBAL SOLUTION’S SITE OR THE CIRRUS GLOBAL
SOLUTION’S CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE CIRRUS GLOBAL
SOLUTION’S SITES AND CIRRUS GLOBAL SOLUTION’S CONTENT ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CIRRUS GLOBAL SOLUTION’S
CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
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11. Disclaimer of Consequential Damages:
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON ANY CIRRUS GLOBAL SOLUTION’S SITE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CIRRUS GLOBAL
SOLUTION’S SITE AND THE CIRRUS GLOBAL SOLUTION’S CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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12. Limitation of Liability:
ICIRRUS GLOBAL SOLUTION’S MAXIMUM LIABILITY ARISING OUT
OF OR IN CONNECTION WITH ANY CIRRUS GLOBAL SOLUTION’S SITE OR YOUR USE OF THE
CIRRUS GLOBAL SOLUTION’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED Rs.1000.
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13. Links to Other Sites:
himalayaslive.com and certain other Cirrus Global
Solution’s Sites contain links to third party web sites. These links are
provided solely as a convenience to You and not as an endorsement by the
Company of the contents on such third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third
party Web sites. If You decide to access linked third-party Web sites, You do
so at your own risk.
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14. No Resale or Unauthorized Commercial Use:
You agree not to resell or assign your rights or
obligations under these Terms of Use. You also agree not to make any
unauthorized commercial use of any Cirrus Global Solution’s Site.
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15. Indemnity:
You agree to defend, indemnify, and hold harmless the
Company, its affiliates, and their respective officers, directors, employees
and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from (i)
any User Content or other material You provide to any Cirrus Global Solution’s
Site, (ii) your use of any Cirrus Global Solution’s Content, or (iii) your
breach of the terms of these Terms of Use. The Company shall provide notice to
You promptly of any such claim, suit, or proceeding.
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16. General:
The Company makes no claims that the Cirrus Global
Solution’s Content may be lawfully viewed or accessed outside of India. Access
to the Cirrus Global Solution’s Content may not be legal by certain persons or
in certain countries. If You access a himalayaslive.com or other Cirrus Global
Solution’s Sites from outside of India, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms of
Use are governed by the internal substantive laws of the Indian law, without
respect to its conflict of laws principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with the country’s courts. If any
provision of these Terms of Use are 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 an additional agreement, additional terms of use for
areas of Resumemantra.com, a particular "Legal Notice," or Software License or
material on particular Web pages, these Terms of Use constitute the entire
agreement between You and the Company with respect to the use of
Resumemantra.com. No changes to these Terms of Use shall be made except by a
revised posting on this page.
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17. Additional Terms of Use:
Certain areas of himalayaslive.com and the other Cirrus
Global Solution’s Sites are subject to additional terms of use. By using such
areas, or any part thereof, You agree to be bound by the additional terms of
use applicable to such areas.
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18. Term and Termination:
These Terms of Use will remain in full force and effect
while You are a User of himalayaslive.com at any level. The Company reserves
the right, at its sole discretion, to pursue all of its legal remedies,
including but not limited to deletion of your User Content from
himalayaslive.com and the other Cirrus Global Solution’s Sites and immediate
termination of your registration with or ability to access himalayaslive.com
and the other Cirrus Global Solution’s Sites and/or any other services provided
to You by the Company, upon any breach by You of these Terms of Use or if the
Company is unable to verify or authenticate any information You submit to
himalayaslive.com or other Cirrus Global Solution’s Site registration. Even
after You are no longer a User of himalayaslive.com, certain provisions of
these Terms of Use will remain in effect, including Sections 2, 6, 8 through
19, inclusive.
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Copyrights © 2007 Cirrus Gloal Solutions India Pvt Ltd, All Rights Reserved |
Terms & Conditions
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