TERMS & CONDITIONS FOR PAYJOBINDIA JOB CONSULTANCY SERVICES
Terms and conditions of use of the mobile application/website
Please read these Terms carefully before accessing or using this App. By clicking the “I agree” button below, or by accessing, visiting, scrolling through, browsing, interacting with, registering on and/or using or attempting to use the Mobile App/Website, you (“USER, “YOU”, “YOUR”) agree that you have read, understood, and are agreeing to comply with these Terms as set forth below, which may change from time to time.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS ANY PART OF THIS MOBILE APP/WEBSITE. CONTINUED USE OF ANY PART OF THIS MOBILE APP/WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AND ANY CHANGES THERETO.
These Terms also include our privacy policy which contains our policy regarding the collection and use of personal information and any other supplementary terms, amendments, policies, or disclaimers made available or issued by us from time to time. From time to time, there may be additional terms about limited period events like contests, offers, promotions etc (“Additional Terms”) and such terms may be made part of these Terms and apply to you accordingly. Such additional terms shall prevail over the Terms in the event of a conflict. You shall receive an email notification in case of any revisions in the terms and conditions of the privacy policy which will have to be accepted in order to continue using the Mobile App/Website
We reserve the right, to make changes to these Terms, including any Additional Terms at our sole discretion. Any such modifications shall become effective immediately upon the update being posted on this page and shall constitute effective communication of the same to you. Provided further, that your continued access or use of the Mobile App/Website after such posting constitutes your consent to be bound by the Terms and/or Additional Terms, as amended.
You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
The Website is made available for use only by a person or individual searching for job or employment/job openings (“Job Seeker/ User”). The Website is made also available for use by various persons, individuals and/or organizations seeking information related to hiring or seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employer/ User”) When you use any of the services provided by Us through the Website, including but not limited to job postings, resume services etc. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms & Conditions of Use and shall be considered as part and parcel of this Terms & Conditions of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms & Conditions of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms & Conditions of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms & Conditions of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. We will do our utmost to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, User access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. By impliedly or expressly accepting these Terms & Conditions of Use, You also accept and agree to be bound by our Policies (including but not limited to Privacy Policy) as amended from time to time.
1. User registration
a. For using the Mobile App/Website you will have to first register your details in the Mobile App/Website including but not limited to your name, organization name, details of the designation in case of a representative applying on behalf of an organization/company, email id, telephone number, or any other such details as may be required by the Company for registering you as a Job Poster. You hereby consent to provide the information as may be required by the Company for registering you as a Job Poster through the Mobile App/Website. You represent and warrant that :(a) all the information submitted by you are accurate, complete, up to date and true (b)you will continue to maintain the accuracy and completeness of such information.
b. Upon submitting any job postings on the Mobile App/Website, it would be visible in the public domain and also be notified to the candidates who are using the Mobile App/Website.
c. To provide Services to you, we would need to access certain features of your mobile device like camera, gallery, and storage and you agree to provide such consent without which you would not be able to use the Mobile App/Website for the intended purpose.
d. You will be able to contact the workers directly on the contact details specified for each job that has been posted. Provided however, you shall ensure to use the details of the workers only for the Purpose specified above and not misuse the information provided.
e. In case you are a company/corporation in terms of the Companies Act, 2013 you shall ensure to use the licenses provided solely for the Purpose specified above and for no other reason.
f. If you want to anytime delete your account, you shall contact the Company by sending an email to Payjobindia and the your... would process the request for deletion of the account. Provided however, the information provided by you shall be retained for compliance as may be required under various applicable laws.
g. If you are registering through the Mobile App, you can still access the Website with the same login details and vice-versa.
2. Purpose
The Payjboindia is intended to serve as a preliminary medium of contact and exchange of information for blue-collar workers across India and organizations/firms/employers looking for blue-collar workers concerning genuine existing job vacancies and other career enhancement services. The services being provided to the Job Posters to get Job Seekers for their employment needs with ease and vice versa.
3. Eligibility
Use of the Mobile App/Website including registering on the Mobile App/Website is available only to persons who can enter into legally valid and binding contracts under the Indian Contract Act, 1872 and Companies Act, 2013 and within the territory of India. Persons/Entities who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, Companies Act, 2013, including persons below the age of 18 years, undischarged insolvents etc, are not eligible to use the Mobile App/Website. You represent and warrant that you are competent to contract as per the Indian Contract Act, 1872 and also have the authority to execute in accordance with the Companies Act, 2013 (as may be applicable) that you have the right, authority, and capacity to use the Mobile App/Website. We reserve the right to revoke your registration, indefinitely suspend or terminate or refuse and/or block access to the Mobile App/Website, if it is brought to our notice or if it is discovered that you are incompetent to contract under the Indian Contract Act, 1872/ Companies Act, 2013 and/or lack the rights, authority, or capacity to use the Mobile App/Website. We disclaim all liabilities for any harm caused to you or any corporate entity, if applicable, on account of using the Mobile App/Website in violation of this provision.
4. License
the Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Mobile App/Website solely for the Purpose mentioned above and for no other reason and strictly in accordance with these Terms. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your account username and password and shall be liable for any actions that occur on account of non-maintenance of security and secrecy of your account. You agree to notify us immediately of any breach of security or unauthorized use of your account. In the case of a corporate entity, you shall ensure that the license is provided only to authorised representatives of the corporate entity and not to any third party and shall further indemnify and keep the Company against any claims/damages caused due to misuse of license.
5. Restrictions on the license - You shall not either yourself or in the case of a corporate entity, through its representatives, director, employees, agents:
a. republish, reproduce, modify, distribute, prepare derivative works, license, lease, sell, resell, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Mobile App/Website, or parts of it, except in accordance with these Terms. Your use of the Mobile App/Website is also subject to community guidelines.
b. remove any copyright, trademark or any other proprietary information from the Mobile App/Website.
c. share the licenses with any third party except the authorised representative of the corporate entity.
d. use the Mobile App/Website to host, display, upload, post, modify, publish, transmit, update, distribute, share, store, download, retain, destroy, any information, which is in violation or intends to violate any applicable law or regulations, or, which violates any contractual obligation, or, which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, vulgar, racially or ethnically objectionable, hurts the religious sentiments of any community, or, infringes the intellectual property of any person, or, is or renders any information as fraudulent, misleading or deceiving in any way;
e. impersonate as another person or upload, post, share, publish, transmit any information about any third party that enables or facilitates impersonation of or by any third party;
f. use any information accessed through the Mobile App/Website, to make any unauthorized representation or misrepresentations including but not limited to false propositions, fake offerings, etc, directly or indirectly, to any third party.
g. use the Mobile App/Website to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited content, whether in bulk or otherwise;
h. cause or launch any programs or scripts to scrape, index, surveying or otherwise data mining any portion of the Mobile App/Website or burden the Mobile App/Website with an unreasonable or disproportionately large load or hinder the operation and/ or functionality of any aspect of the Mobile App/Website;
i. attempt to gain or gain unauthorized access or exceed the scope of authorized access to the Mobile App/Website or impair any aspect of the Mobile App/Website;
j. involve in an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Mobile App/Website or any related technology or any part thereof;
k. engage in framing, mirroring, or otherwise simulating the appearance or function of the Mobile App/Website;
l. use network-monitoring software to determine the architecture of or extract usage data from the Mobile App/Website
m. attempt to, or the breach, circumvent, disable, or otherwise interfere with security or authentication measures without proper authorization;
n. provide deeplinks into the Mobile App/Website without prior permission of the Company;
o. collect or harvest any personally identifiable information from the Mobile App/Website including, without limitation, usernames, passwords, email addresses, employment details, government-issued identification numbers, photographs etc, in an unauthorized manner.
p. violate any applicable central, state, and local laws or encourage conduct that violates any central, state or local laws.
q. create more than one account for yourself or on behalf of any third party, unless otherwise permitted by the Company in writing.
r. assign or otherwise transfer your Account/licenses issued to any person or entity.
s. use the Mobile App/Website for any illegal or unlawful purposes.
t. in your use of the Mobile App/Website, cause nuisance, annoyance, inconvenience to or property damage to any third parties.
You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of these Terms.
6. Intellectual Property Rights The Mobile App/Website and all rights therein are and shall remain the property of the Company or its affiliates, associates, clients, and business partners. These Terms neither convey nor grant to you any rights: (i) in or related to the Mobile App/Website except for the limited license granted above; nor (ii) to use or reference in any manner the Company’s names, logos, products and service names, trademark or service marks or those of its affiliates, associates, clients or business partners.
7. User-Provided Content
a. At the Company’s sole discretion, the Mobile App/Website may permit you from time to time to publish, upload, transmit through or otherwise make available on the Mobile App/Website the (collectively, “submit”) multiple job postings, job descriptions, files, documents, textual, audio and visual content and information, commentary and feedback related to the services, support requests for registration and usage of the Mobile App/Website which may also be uploaded from your personal library or storage in your phone. (Collectively referred to as “User Content”)
b. By posting/uploading a job posting on the Mobile App/Website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify the Company against all claims, damages arising out of actions/claims that may be made in relation to the same.
c. The User Content and the information contained therein shall at all times be true, accurate, current and complete, and in a form and manner permitted by the Mobile App/Website. If there is any change in User Content, you undertake to immediately update the true and complete information. This obligation shall be applicable at all times during your usage of the Mobile App/Website. You agree that if you provide any User Content that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not by these Terms, you shall be unable to access the Mobile App/Website or the offerings thereunder and/or we shall have the right to indefinitely suspend or terminate or block your access to the Mobile App/Website, as the case maybe. The Company will not be liable to you or any third party, on account of any incomplete, inaccurate or outdated information on the Mobile App/Website.
d. You agree that you will provide only such User Content, as is mandated by the Mobile App/Website, and not submit any information that is excessive or irrelevant.
e. You represent, warrant, and covenant that:
i. You either are the sole and exclusive owner of the User Content or have all rights, licenses, necessary to grant go to the Company, its affiliates, clients, associates and business partners, the license to the User Content as outlined in the Terms.
ii. you will not submit any User Content that:
1. is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from the User Content that you submit.
2. impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
3. encourages or advocates, either directly or indirectly, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or discusses an intent to commit an illegal or immoral act;
f. By submitting User Content, you automatically grant, or warrant that the third party has duly authorized you to grant to us, our affiliates, our clients, associates and business partners, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, share, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) (to the extent permitted under applicable laws), as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business, including without limitation, for products, services, marketing or advertising; and (2) in connection with the businesses of our affiliates, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Notwithstanding the foregoing, you have, represent and warrant that the relevant third parties have waived any claims you/they may now or later have in any jurisdiction to so-called “moral rights” concerning the User Content.
g. To the extent permitted under the applicable law, we reserve the right to display advertisements in connection with the User Content and to use the User Content for advertising and promotional purposes. You agree, represent and warrant that the third parties have agreed, that the User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users). You remain solely responsible for the content you post on the Mobile App/Website. The Company does not endorse and is not responsible for any content shared or posted on or through our Platform, and for any consequences resulting from such sharing or posting. The presence of the Company’s logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, Company will not be liable for or responsible for the consequences of any transactions made or entered into by you with other advertisers on the Mobile App/Website.
h. We have the right, but not the obligation, to monitor the use of the Mobile App/Website to determine compliance with these Terms, as well as the right to edit, refuse to post, disable access to or remove any information, materials, or User Content in whole or in part, in our sole discretion.
i. Subject to the rights and license you grant herein, you or the relevant third party, retain all rights, titles and interest in the User Content, as applicable.
j. You shall not misuse any of the information being provided to you through the Mobile App/Website and use the information only for the intended purpose.
k. You hereby 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 thereunder, while assessing or feeding any resume/ insertion or information/data into the Mobile App/Website and in case you violate any of the provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, bye-laws and notifications made thereunder, you shall alone be responsible for such violations and shall be liable for civil and criminal liability there under or under any other law for the time being in force.
8. Verification
By providing us the User Content and the information therein and documents containing or supporting the User Content, you consent, and represent and warrant that the third parties have consented, to the verification of User Content and sharing the same with a third-party service provider. In case, during the verification conducted by us, it is observed that any User Content submitted by you is incorrect, we may, at our sole discretion, terminate/suspend your registration from the Mobile App/Website, or take any other action as may be deemed necessary.
9. Provisions of the Mobile App/Website
You acknowledge that offerings of the Mobile App/Website, or portions thereof, may be available under the Company’s various brands or request options associated with job matching or lifestyle transformation of blue or grey collar workers including under the brand “other”. You also acknowledge that such offerings may be made available under such brands or request options by or in connection with: (i) subsidiaries and affiliates of the Company, or (ii) independent third-party providers, including storing data submitted on the Mobile App/Website.
10. Additional terms and conditions for Job Posters
a. The Company reserves its right to reject any insertion or information/data provided by you either before uploading or after uploading the vacancy details and may also restrict, suspend, or terminate any Job Poster's access to all or any part of the Mobile App/Website;
b. By posting/uploading a job posting on the website you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify the Company against all claims, damages arising out of actions/claims that may be made in relation to the same.
c. Email id and contact details which is registered with would be used in the Mobile App/Website and the same id and contact details shall be used to collect response(s) if any from the Job Seekers.
d. All job postings displayed in the Mobile App/Website become public knowledge and the Company may also use the details of any of the postings on their advertisement campaigns for promoting the Mobile App/Website.
e. The Company offers no guarantee nor warranties that there would be a satisfactory response or any at all response once the job is put on display.
f. Payjobindia shall in no way be held liable for any information received by you from the Candidates and it shall be your sole responsibility to check, authenticate and verify the information/response received from such Candidates at your own cost and expense.
g. The Company shall not be liable for any loss of data, technical or otherwise, information, particulars supplied by you, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the Company’s reasonable control including but not limited to strike, riots, pandemic, epidemic, the act of God, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
h. You hereby undertake and covenant that you have the authorization to upload job postings on the Mobile App/Website and further covenant that the job postings shall always be genuine.
i. You shall not charge any payments to the Job Seekers applying for the jobs posted by you through the Mobile App/Website for processing of applications/responses from such Job Seekers.
j. The Company reserves its right to change the look, feel design, prominence, depiction, and classification of the Mobile App/Website at any time without assigning any reason and without giving any notice.
k. The subscription/license is neither re-saleable nor transferable to any other person, corporate body, firm or individual.
l. The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website
m. All changes/modifications to the data/information in the Mobile App/Website shall be affected and will come into operation only after 24-48 hours of such changes/modifications being made.
11. Communications
You consent to, represent and warrant that the relevant third parties have duly authorized you to provide consent on their behalf to:
a. accepts communications from us or our representatives about the Mobile App/Website, or offerings thereof, even if the mobile number provided by you, for yourself or on behalf of relevant third parties, to us is registered under DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018 (“TRAI Regulations”),
b. receives communications through telephonic or electronic means from us or our representatives as and when required. We may communicate with you or with relevant third parties, by phone, email, SMS, WhatsApp or by such other mode of communication, telephonic, electronic, or otherwise. No communication to you or relevant third parties, from us or on our behalf, shall be considered Unsolicited Commercial Communication under Regulation 2(bw) of the TRAI Regulations, and
c. to receive communications (including commercial communications) about the Mobile App/Website, or offerings thereof, notwithstanding your or a third party’s registration with the National Do Not Call Registry (In the Fully or Partly blocked category under the National Customer Preference Register set up under the Telecom Regulatory Authority of India).
12. External links and other content
a. The Mobile App/Website may contain links to other websites which are owned and/or operated by third-party vendors and other third parties (“Third-Party Links”). You acknowledge that we are not responsible or liable for any such third parties or the availability of, or the materials located on or through any external sites. The presence of these links on the Mobile App/Website should not under any circumstances be considered as an endorsement, certification or warranty by us of the contents, activities and outcome of activities, thereof and if you chose to access these websites or avail of the services of other websites, you do so at your own risk. On accessing the Third-Party Links, you shall be governed by the terms of use, privacy policy, and other additional policies of the operators of the Third-Party Links
b. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents or be in violation of applicable laws. You further acknowledge and agree that we 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 the use of or reliance on any such content, advertising, products, services, or other materials available on or through any Third-Party Links or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, breach of any applicable laws, or any profanity contained therein.
c. Since the Mobile App is made available for download from Google Play Store or iOS stores or any similar platform (“Platform”), the terms and conditions of such Platform would also be applicable concerning usage of the Mobile App. Further, the Company shall not be liable in case there are any issues attributable to the Platform.
13. Network access and devices
You are responsible for obtaining the data network access necessary to use the Mobile App/Website. Your mobile networks data and messaging rates and fees may apply when you access or use the Mobile App/Website from a device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Mobile App/Website and any updates thereto. The Company does not guarantee that the Mobile App/Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Mobile App/Website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
14. Third-Party Beneficiaries and Third-Party Service Providers
a. If you access the Mobile App/Website using digital distribution services or devices of Apple Inc., Alphabet Inc., Microsoft Corporation or Blackberry Ltd and/or their applicable international subsidiaries and affiliates, they will be third-party beneficiaries of this contract. These third-party beneficiaries are not parties to this contract and are not responsible for the provision of support to the Mobile App/Website in any manner.
b. Further, the Mobile App/Website may be made available or accessed in connection with third-party services and content including advertising that the Company does not control. Your access to the Mobile App/Website using these services or devices is subject to the terms outlined in the applicable third-party terms of service. The Company does not guarantee the quality, suitability, safety or ability of such third-party service providers. You acknowledge that the different terms of use and privacy policies may apply to your use of such third-party services and content as may be required by such third-party service providers. The Company does not endorse such third-party services and content and not in no event shall be responsible or liable for any products or services of such third-party service providers.
c. The Company would be using your phone number for signing up and adding your number as credentials.
15. Disclaimer of Liability
a. The Company will make best efforts to do so but does not warrant that the Mobile App/Website or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The Company does not warrant that the Mobile App/Website will be constantly available, or available at all of the information on the Mobile App/Website is complete, true, and accurate. The Mobile App/Website and all the materials and information (including but not limited to software) made available to the User through the Mobile App/Website are provided on an "as is" and "as available" basis without any representation or warranties, express or implied. the Company and its affiliates, and its and their third-party licensors, expressly disclaim to the fullest extent permitted by law all warranties, whether express, implied, statutory or otherwise, including, without limitation, the warranties of accuracy, timeliness, quality, availability, fitness for a particular purpose, likely results, suitability, completeness, usefulness, reliability or non-infringement of proprietary rights or that the Mobile App/Website will be uninterrupted or error-free.
b. The Company further disclaims all liability for any technical malfunction of the Mobile App/Website, including but not limited to failure of any feature of the Mobile App/Website, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, as a result of technical problems or traffic congestion on the internet or any third party website, third party application/API or tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities etc, or a combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software and/or loss or corruption of any data. You agree that the entire risk out of the use of the Mobile App/Website, and any services or goods requested in connection therewith, remain solely with you, to the maximum extent permitted under applicable law.
16. Confidentiality
You understand and agree that by using the Mobile App/Website, you may have access to confidential information of the Company, whether or not marked as confidential. You shall hold such information in confidence and not, without our consent, disclose it to a third party or use it for any purpose other than for usage of the Mobile App/Website. This obligation of confidentiality shall not apply to information that is generally available to the public through no act or omission of yours or becomes known to you through a third party with no obligation of confidentiality or is required to be disclosed by law, court or by any government or regulatory authority.
17. Limitation of Liability
Under no circumstances shall the Company or its affiliates, or its or their third-party service providers or licensors (“Company Entities”), be liable to any person on account of access, use or misuse of or reliance on the Mobile App/Website. In no event, shall Company Entities be, severally or jointly, held liable for any special, incidental, indirect, consequential damages, exemplary or punitive damages of any kind including any lost data, lost profits, personal injury or property damages related to, in connection with, or otherwise resulting from any use of the Mobile App/Website, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if the User has been informed in advance of the possibility of such damages. Further, the Company shall not be liable for any damages, liabilities or losses arising out of (i) your inability to access or use the Mobile App/Website, or (ii) any transaction or relationship between you and any third-party provider arising through the Mobile App/Website or otherwise, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. In no event shall the Company’s total liability to you under these Terms for all damages, losses and causes of action exceed Rs. 15,000.
18. Indemnity
The User shall indemnify and hold harmless the Company, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any allegations, claim or demand, damage, liability, loss, obligation, cost, expense or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s usage of the Mobile App/Website, breach of these Terms, privacy policy and other policies, User Content and any other information provided by the User or User’s violation of any law, rules or regulations or the rights of a third party (including but not limited to infringement of intellectual property rights, unauthorized sharing or disclosure of third party data.
19. Trademark, Copyright and Restriction
a. The Mobile App/Website is controlled and operated by the Company. All material and information on the Mobile App/Website, including images, illustrations, audio clips, and video clips (except for video clips uploaded by you which are not in breach of any third-party Intellectual Property Rights), are protected by the Company’s copyrights, trademarks, and other intellectual property rights. Any material and information on the Mobile App/Website are solely for use in accordance with these Terms and the privacy policy. You must not without the prior written of the Company, copy, reproduce, modify, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
b. You being the Job poster shall be responsible for complying with the terms and conditions of the employment/ consultancy agreement (as relevant), including but not limited to the role, designation, compensation and other benefits, complying with all applicable laws, including but not limited to, labour and tax with respect to the Successful Candidate(s), ensuring the safety of the Successful Candidate(s) at work etc. “Successful Candidate(s)” shall mean the Candidates who have been selected through the Mobile App/Website and have been successfully onboarded for the job posted by you on the Mobile App/Website.
c. The User/Job Poster shall submit all documents required by the such as its Incorporation Certificate, Goods and Services Tax (“GST”) Certificate, Tax Deduction and Collection Account Number (TAN) and signatory authority details as may be required.
d. For every Successful Candidate, the Job Poster shall provide Payjobindia with a letter of offer, letter of employment, consultancy agreement or any other document setting out the terms and conditions of engagement (as relevant) evidencing the proof of joining and update the same on the Mobile App/Website. Such document will be in English and/or any language preferred by the Successful Candidate.
e. The Company shall not be liable or responsible for a Successful Candidate. However, the Company shall have the right to get in touch with the Successful Candidate(s) to check on their well-being from time to time.
20. Termination / Suspension of registration of User
These Terms will remain in full force and effect while you are a User of the Mobile App/Website. Users shall be required to comply with the Terms hereof, failing which, the Company reserves the right to suspend, terminate any User or block access to or limit the usage of the Mobile App/Website with respect to such a User. Without prejudice to the above, the Company may also suspend, terminate any User or block access to or limit the usage of the Mobile App/Website if the conduct of any User is not in the best interest of any other user or the Company or for any reason whatsoever in the sole and absolute discretion of the Company. 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 account/registration from the Mobile App/Website and immediate termination of your registration with or ability to access the Mobile App/Website and/or the Services provided to you by the Company, upon any breach by you of the Terms or if the Company is unable to verify or authenticate any information submitted by you on the Mobile App/Website.
21. Compliance with Law
The User shall comply with all the applicable laws applicable to them respectively for using the Mobile App/Website.
22. Governing Laws, Jurisdiction and Dispute Resolution
The Terms shall be governed by and be construed in accordance with the laws of India and the Courts of appropriate jurisdiction at Nagpur, Maharashtra shall have exclusive jurisdiction over any and all matters. Notwithstanding anything contained herein, any and all differences and disputes whatsoever arising out of this Agreement shall, in the first instance, be resolved mutually between the disputing parties. However, if such dispute is not resolved within a period of 30 (thirty) days from the receipt of written notice from one party to the other party identifying such dispute, the matter shall be referred for institutional arbitration (through a sole arbitrator mutually appointed by the Parties). The award of the arbitrator shall be final and binding on the disputing parties. The Arbitration shall be conducted in vernacular Language and the seat and venue of the Arbitration shall be in Nagpur Maharashtra.
23. Assignment
The User shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the prior written consent of the Company. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, parent companies, or any successor in the interest of any business associated with the Mobile App/Website without any prior notice to you.
24. Contact
All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to Payjobindia.
PAYJOBINDIA Placement Services
Email: support@payjobindia.com
25. Terms applicable to Job Posters while using available information from the Mobile App/Website
a. You will comply with all applicable data protection laws in relation to the processing of Personal Data, and not unlawfully process Personal Data other than for the purposes as defined in our Privacy Policy and under these terms and conditions. For this section, “Personal Data” shall mean any Candidates data or any other details including but not limited to any characteristic, trait, attribute or any other feature of the identity of the person, whether online or offline, or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of profiling which is made available to the Job Poster through the Mobile App and/or Website”
b. In the case of a corporate entity, You shall ensure to implement adequate technical and organizational controls to protect the shared Personal Data obtained from the Company against unauthorised or unlawful processing and accidental loss, destruction, damage, alteration or disclosure
c. “100% verification of profile” means the mobile number of every candidate on our App/Website has been duly verified. However, it is the responsibility of Job Seekers to verify the background and other aspects of the candidates before onboarding them. We merely act as facilitators and do not as agents for any Job Poster. We do not conduct any other verification for such Candidates.
d. Except for the mobile number, the Company neither guarantees nor offers any warranty about the credentials Bonafide, status or otherwise of the Job Seekers.
e. You agree to provide reasonable assistance as is necessary to facilitate the handling of any data security breach (as relevant under privacy laws applicable) in an expeditious and compliant manner
f. You agree that the responsibility for complying with a data subject /data principal request lies with the Party which holds/processes the Personal Data collected/shared
g. You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring adequate and equivalent safeguards to the Personal Data.
h. You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
i. In case you have availed any offer/scheme/reward programme as may be rolled out by the Company from time to time, then you will also be additionally governed by the terms and conditions of such offer/schemes/reward programmes. Provided however, in case of any conflict between the terms and conditions of the App and the terms and conditions of any other offer/scheme/reward programme, these terms and conditions shall survive and supersede any such terms under the offer/scheme/reward programme.