- GENERAL TERMS
- The Site is owned by Workex Solutions and Services Pvt Ltd, a company incorporated under the provisions of the Indian Company Act, with its registered office at No. 405, Anand Nagar Near Fakira Wala KuanRewari, Haryana 123401 (hereinafter referred to as "Workex ").
- By accessing and registering with the Platform, You confirm that the You are in agreementwith and bound by the terms of service contained in the Terms and Conditions outlined below. Theseterms apply to the entire Website, mobile application and any mail exchange that may happen duringcourse of business between You and the Platform.
- By using the Platform, You are accepting these terms and conditions in full and shall be legally bound to said terms and conditions, so Youshould read them carefully. Access to and use ofPlatform depends solely on the acceptance of these Terms and Conditions.
- ‘Business” shall mean enterprises or legal Person using the Platform either to recruit/hire/find workers or individuals to perform specific roles; orrecruit/hire/find workers or individuals to provide staffing services to other businesses or enterprises; or to manage their human resource related functions like payroll, attendance, payslip, Staff management, Staff recruitment, Staff attendance management, Staff payroll management, hiring through Workex Leads of Jobseeker, allowing attendance of Staff, managing its attendances and ratings of Staff, payslips for Staff, and bank transfer for Staff.
- ‘Jobseeker’ shall be an individual listed on the Platform and using the Platform to find work engagements through various existing or likely arrangements including but not limited to full-time employment, part-time employment, contractual Staff, a gig worker and independent contractors, etc.
- ‘Personal Identifiable Information’ or ‘PII’ means any sensitive personal data or information shared by the registered users with the Platform which can include but is not limited to users’ name, email address, phone number, bank account details, financial information, etc.
- ‘Platform’ means the online platform developed by Workex to facilitate interaction between Users.
- ‘Service’ or ‘Provision of Service’ means the service being provided by the Platform.
- ‘Staff’ shall mean the entire workforce of any Business including but not limited to permanent employees, contract employees, or independent contractors, etc. engaged with that Business, who have either been hired from the Platform or for whom, the human resources function like payroll, attendance, payslips, staff rating, etc. are being managed through the Platform.
- ‘Users/You’ either theBusiness or the Jobseeker or any Person creating personal accounts to search and interact with other users for the purposes of availing Services offered by the Platform.
- "Person" shall include an individual, an association, a corporation, a partnership, a limited liability partnership, a joint venture, a trust, a Hindu undivided family, an unincorporated organization, a joint stock company or other entity or organization, including a government or political subdivision, or an agency or instrumentality thereof and any other legal entity;
- RIGHTS AND LICENSE TO USE
- Subject to acceptance by the You of these Terms and Conditions, the Platform offers You a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (a) commercial use; (b) access to the Platform on his/her personal equipment, solely for the purpose of using the Platform Services; and (c) access to and use any content, information and related materials that may be made available through the Services of the Platform. Any rights not expressly granted in these terms are reserved to Workex.
- All rights on the Platform are and shall remain the property of Workex or its licensors. Neither these Terms and Conditions, nor the use of the Services of the Platform, gives You any rights: (a) on or related to the Services, except for the limited license granted above; or (b) to use or, in any way, to refer to the company names of Workex, its affiliates or, where applicable, its licensors, its logos, product and service names, trademarks or other distinctive elements of Workex ownership.
- You are not authorized: (a) to remove any indication of intellectual property, including, without limitation, any trademark or other notices related to the intellectual property of any space of the services of the Platform; b) to reproduce, modify, perform derivative works, destroy, license, rent, sell, resell, transfer, display or publicly perform, transmit, reproduce, broadcast, or otherwise exploit the Services of the Platform, except to the extent expressly permitted by Workex; (c) to decompile, reverse engineer or disassemble the Platform, except to the extent permitted by applicable law; (d) to create links or frame any part of the Platform; (e) to create or launch any programs or scripts to capture, index, collect or otherwise extract data from any part of the Platform, or unduly overloading and / or preventing the operation and /or functionality of the Platform; or (f) to attempt to get unauthorized access to the Platform or impair any aspect of the Platform or its systems or networks.
- ELIGIBILITY CRITERIA
The Platform provides services toUsers. Platform provides for onboarding of the Jobseekersand Businesseson the Platform, subject to fulfilment of eligibility criteria set out in 4.2 and 4.3 below.
- Users must be above the age of 18 to register with the Platform
- Platform and Workex shall not be held liable for any losses or damages occurring because of the Users. In such a case,Platform andWorkex will be held harmless.
- Users acknowledge that Platform is not a recruitment agency.
- To access the Services of the Platform, in addition to the acceptance of these Terms and Conditions, it is necessary for the Jobseekerto create an account ("Account") and register with the Platform as individual (either as Independent Contractors, Contract Staff and PF) through OTP based verification which may or may not include Aadhar OTP based verification.
- The process of creating an Account requires the Jobseeker to fill in certain personal information such as name, address, mobile phone number, email address, among others and accept the terms and conditions.
- To access the services of the Platform, in addition to the acceptance of these Terms and Conditions, it is necessary for the Business to create an Account and register with the Platform either in the category of Company or Individual either through OTP based verification which may or may not include Aadhar OTP based verification or through DocuSign and/or in case of authorised person using DSC of the Business.
- The process of creating an Account requires the Business to fill in certain personal information such as for Company, the Business shall have to specify Company type, name, address, mobile phone number, email address, among others and for individual the Business has to specify name, address, mobile phone number, email address, among others and accept the terms and conditions.
- CONDITIONS OF USE AND OPERATION OF THE PLATFORM
- Conditions for Access
- You guarantee the accuracy, completeness and timeliness of the information that You respectively submits at the time of registration. If the information submitted proves to be false, incomplete or outdated, Platform may disable Your access to the Platform.
- You are responsible for all activity in Your respective Account and undertake to always keep the security and confidentiality of Your respective username and password.
- You undertake to immediately notify the Platform if You become aware of an unauthorized use or any other breach of security relating to Your respective Account.
- You agree that all activities that occur through Your respective Account (including but not limited to posting any information about the user and / or the Service) clicking to accept any additional terms or rules, subscribing or making any payment for any Service, etc., among others shall be considered as authorized by that particular user.
- With the creation of a respective Account, You are entitled to access the network provided by the Platform, according to these Terms and Conditions.
- You undertake to keep Your respective Accounts ( including Bank and KYC Information) updated at all times and shall immediately notify Platform operations team in the event any error found in the data of that user and request to update the same by providing the relevant supporting document to Platformoperations team. Further at no point of time shall the Platform be liable for any false, incomplete or outdated information provided by the user in their respective Accounts.
- In no case shall the content of the Platform be reproduced or copied elsewhere by You. All content on this Platform is subject to copyright and intellectual property laws.
- By Signing Up at Platform You are giving the Platform consent and agreeing to the terms that Platform can reach out to You via telephone call, on whatsapp & facebook messenger, SMS and Email. These communications will be both transactional and promotional in nature.
- The Platform allows: (i) Jobseekerto seek jobs posted by the Business; (ii)Businessesto post job requirement for recruiting/hiring Jobseeker; (iii) Jobseeker and the Business to communicate through the chat facility on the Platform, so that each Jobseeker may find a job based on the specifications provided by him/her, and each Business may find a Jobseeker, based on certain criteria, requirements and specifications of the job as provided by the Business; (iv) Business to manage their Staff(attendance, pay-outs, payrolls and payslips), add Staff, vendor management and hiring; (v) Staffing and related services such as invoicing, managing Staff (attendance, pay-outs, payrolls and payslips) for the Business, client management, hiring and ratings,(vi) Businesses to manage their human resource related functions like payroll, attendance, payslips; (vii) Business to recruit or hire Jobseekers from the Platform and provide staffing services to other enterprises and (viii) intermediation by Platform of any payments to be made by the users for the provision of Services as the case maybe
- The content available on the Platform, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any jobs/services being offered by the Businesson the Platform. Further, the Platform shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Services. Also, You acknowledge and understand that the Platform provides no warranty or representation with respect to the authenticity of the information provided on the Platform by Usersand You must do your verification before accessing the Platform. Platform shall not be, in any event, held responsible or liable for any damages arising out of such content of the Users.
- PAYMENT GATEWAY
- Payment to be done online using the Platform's Secured payment gateway. Any fees received by the payment gateway service provider to be borne by the payee. All transactions to be done on cash and carry basis.
- Platform shall maintain a nodal account (“Nodal Account '') and the Payment Services Provider shall be responsible for transferring the money into Nodal Account on behalf of the Users, as the case maybe. All disbursement shall be controlled by the Platformand shall be made by the Platform to the respective User's account, as the case may be. Any payment made by the Business for the Services availed through the Platform shall be transferred to the Nodal Account and thereafter the same shall be disbursed by the Platform to the bank account of the Jobseeker, as the case maybe, subject to the terms of this Terms and Conditions. This process shall be repeated for all payments that may be made as a result of the payment terms agreed upon.
- Upon successful performance of the service request by the Jobseeker, invoice regarding the Services, due to the Jobseeker or the Platform, as applicable, shall be issued and sent to Businessby the Platform on behalf of the Jobseekers.
- Notwithstanding anything to the contrary, Businessfurther agree that in the event ofBusiness’failure to make payment for the Services provided by the Jobseekers and the Platform, the Platform shall be entitled to discontinue further services and suspend the Account of the suchBusinessas the case maybe for a period of 3 months or for such longer period as decided by the Platform. Whereas, the Jobseeker agrees that in the event Jobseeker fails to perform the services requested by the Business, the Platformshall be entitled to discontinue the service and payments of such Jobseekerand suspend the Account of such Jobseeker as the case maybe for a period of 3 months or for such longer period as decided by the Platformand such Jobseeker, as the case maybe, shall be required to pay back to the Platform, within a period of 15 days, any payments received pursuant Clause 6.3; or without limiting the preceding, the Platform shall have the right to adjust the payments received by the Jobseeker,as the case maybe, pursuant to Clause 6.3 against any future services to be performed by the Jobseeker. The foregoing shall be in addition to any other remedies or rights that the Platform may have in law or in equity as a result of the Jobseekeror the Business, as the case maybe’, failure to comply with terms of this Agreement.
- DISCLAIMER AND LIMITATION OF LIABILITY
- Workex guarantees that it is in a legitimate and legal position to market and provide the Platform.
- The Platform and all the Services are provided through the Platform is on an "as is" and & "as Available" basis. All warranties whether express, implied, statutory or otherwise Including without limitation any implied warranties as to non-infringement, correspondence with description, merchantability or fitness for a particular purpose are excluded to the fullest extent permitted by law.
- No liability arising out of any violation of data privacy law in any other country other than the Republic of India shall reside with the Platform. The users of such Country (other than Republic of India) need to be aware of the data protection laws of that country and accordingly assess the risk since the Platform clearly disclaims all responsibility related to protection of such data
- There is no relationship between Platform and the User other than the availability of the Platform, as provided in these Terms and Conditions. You acknowledge that the Services provided or rendered by the Jobseekersto the Businesses, which act on their own account and responsibility, and that Platform is not, in any way, part the contractual relationship established between the User.
- The Platform is not responsible for the execution of any kind of agreement between User for the proper performance of the agreement signed between them or for the fulfilment of any conditions agreed between the User or for the quality of Service performed by the Jobseekers.
- Similarly, the Platform shall not be liable before the User and / or any third party for any direct or indirect damages, warranties, lost profits or any damages that may result from the contractual relationship between the User. You accept all risk arising from provisioning of the Services on the Platform.
- The Platform and the Users shall have a relationship of total technical-operational independence without obligations of exclusivity or economic dependence, and do not have a subordinate relationship with each other or any employment relationship, partnership, association, trust or any other type of relationship of a similar nature. The supply and the provision of the services are performed with full autonomy and independence by the Users.
- In order to meet the User’s trust and expectation, the Platform verifies whether the Businessor the Jobseeker comply with the quality standards of the Platform to post job requirements by the Business and provide the Services made available on the Platform to the Jobseekers respectively. The Platform also ensures the binding of the Usersregistered on the Platform to the obligation to provide the job requirement and/or to perform the Services with the greatest accuracy, fairness, and diligence respectively.
- Notwithstanding the foregoing, the Platform is not responsible for, nor does it guarantee, the fulfilment of any requirements or conditions necessary to meet the requirement of the Business in seeking Jobseekers or provision of the Services by the Jobseekers, namely, (a) compliance with the technical requirements required by law; (b) the existence of consent by all governing, regulatory and inspection bodies for the execution of the orders and services requested; and (c) experience, knowledge and technical ability for provisioning of the Services requested by the Business;
- the Platform is not responsible in any way for: (a) any type of dispute, default or damage arising from the contractual relationship between the User as the case maybe, through the use of Platform; (b) any damage caused to third parties as a result any job requirement posted by the Business on the Platform or any Service performed by the Jobseekeras per service request of the Business (c) any damage, injury or loss arising from the use or trust created in the services provided by the Platform, including any failures or interruptions in the functioning of the Platform and the inability to access the Platform; (d) any damage that may result from a malfunction of the Platform, either by computer failure, viruses, Trojan horses, worms or something causing interference in the system.
- The information available on the Platform concerning, the User and the Services, The Platform assumes no responsibility for any error, omission, inaccuracy or falsity of the information transmitted by the User. The Platform is in no way responsible for the information contained on the Platform.
- The Platform is in no way responsible for any harm, damages, error, inaccuracies arising from the Job Post or the Services being provided by the Businessor the Jobseekerrespectively. In case of any damages or loss, You must seek remedies and damages from the Businessor the Jobseeker as the case maybe. The information contained is not the responsibility of the Platform and You are required to do your own research before availing any Services from the Platform.
- Unless intimated by You, the Platform shall not be responsible updating KYC and Account details and the You shall be solely liable for any false, incomplete or outdated information;
- To the maximum extent permitted by applicable law(s), the Platform and Workex, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees ("Representatives"), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Platform or the Content, materials and functions related thereto; (ii) User's provision of information via the Platform; even if such Representative has been advised of the possibility of such damages.
- In no event shall the Representatives be liable for, or in connection with, (i) the provision of, or failure to perform, all or any service request of the Businessby the Jobseeker; or (ii) any comments or feedback given by any of the Users in relation to the services available on the Platform; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other Person on or through the Platform.
- The Users acknowledge that the Representatives merely act in the capacity of facilitators between the User by providing a platform for them to interact and transact. In no event shall the Representatives be held liable for any of the losses attributable to theServices offered through the Platform.
- USER DATA PRIVACY AND COLLECTION OF PERSONAL INFORMATION
a) Provide You with information that may be requested by You from time to time.
b) Provide information regarding managing Your’ account
c) Collect and store it as part of the registration and in order to monitor Your’ use of the Platform;
d) Contact You to ensure that the information the Platform has in their records is accurate or when in need of additional information to complete Your’ profile;
e) Prevent activity the Platformdetermines to be potentially illegal;
f) To ensure better placement of advertisements;
g) To overall analyze and understand Your behaviours by use of data analytics, the results of which shall be considered our sole intellectual property and proprietary know-how, and shall not by virtue of use of Your data for the purpose of such analysis grant any right of ownership of the end product to either You or any of Your heirs or assigns or to any other third party.
- The Platform protects Your information in the following manner:
The Platform undertakes the following steps to protect Your’ data:
a) Personal data such as Mobile number, PAN card, Aadhar Card, GST No., Credit Card Details,etc. collected during the course of business shall be safely stored in __________ and shall be used for the purpose of business transactions only shall be further protected, secured and encrypted in compliance with the reasonable security practices and procedures. The servers of the Platform is hosted in _________ and all the data is safely backed-up automatically on _________ for retrieving and use.
b) The security procedures, practices and other security protocols are regularly audited and updated to comply with industry best practices.
c) Any information provided by You shall not be published or made available in the public domain.
d) Your unique ID allocated to You at the time of registration shall be accorded a confidential code internally in its stored form such that Your PII cannot be linked to Your ID without access to the specific code
e) The relevant data You provide shall be stored only for the period of time it is essential to provide the Platform Services. Data may be stored for a longer period of time in the event of an investigation or otherwise mandated by any Government agency.
f) Further all Your PII shall be stored in an encrypted format.Your PII is stored in secured networks and only a limited number of persons can access You PII. All employees and consultants of the Platform shall be bound by stringent standards and contractual terms on their obligations in relation to maintaining the confidentiality of Your PII.
g) Any data and information shall not be provided to any third party except for the processes required to give effect to the services and to improve or expand upon the Services provided, subject to the Platform terms and conditions. Data shall only be shared with a third party for background services including but not limited to, Aadhar verification, storage, processing, encryption etc.
- the Platform does not sell or rent or otherwise disclose Your personal information to third parties for their marketing purposes without Your explicit consent and the Platform reserves the right to use the personal data for pushing any promotional messages or information related to the Services that would be of use to You from time to time. You shall have the right to forward such messages to third parties as Youmay deem fit. Any information including PII disclosed to such third parties by You shall not be the responsibility of the Platform and shall solely lie with such third party and/or with You. The Platform may disclose PII if required by any applicable law, or in response to any legal action, to protect the rights or property of the Platform and Services, or to protect the safety of its users, or others.
- Platform also uses tools and applications to detect, censor and filter unlawful content. In the event of detection of such content, Platform reserves the right to suspend thatUsersAccount, Services and terminate any agreements in force.
- Any change in Your personal data shall be notified to field officers for updating the same on the Platform.
- Data provided by Youshall be thoroughly checked by Youand the sole responsibility of the correctness rests with the respective User. Any error found in the data of the Users shall be immediately brought to the notice of field officers and/or admin for making change by providing the relevant supporting document.
- The invoices issued shall not include any personal information of the Users except the name and location of the User and the payment details.
- The Platformshall not be held accountable for any incorrect data provided by You.
- Help us remember and process the items that Users are looking for;
- Understand Users Preferences based on previous or current site activity, which enables us to provide Userswith improved services.
- Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in future.
- Understand and save User Preferences for future visits.
- You can choose to direct Your Computer to warn You each time a cookie is being sent, or You can turn off all cookies through Your browser settings. Each browser is different, so refer your browser's Help menu to learn the correct way to modify your cookies.
- If Youdisable cookies You can still visit our Platform but some features will be disabled. This could affect YourPlatform and Service experience and efficiency, and some of our Services will not function as desired.
- INTELLECTUAL PROPERTY RIGHTS
- The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Platform is licensed to Workexand the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are licensed to Workex or their third parties. You are not permitted to use the Marks without the prior consent Workex or the relevant third parties that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Workex is licensed holder of all intellectual property rights to the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Workex or third party owner of such Content.
- LINKS TO THIRD PARTY SITES
- Any information (“Third Party Information") accessed by You by accessing any third-party website hyperlinked on the Platform or any third-party API plugged in to the Platform, shall be Your sole responsibility and such third party and the Platform shall not be liable in any way for any losses suffered by You arising out of decisions made on the basis of such Third Party Information. the Platformneither confirms nor denies the veracity of such Third-Party Information.
- SUSPENSION AND CANCELLATION OF THE ACCOUNT
The Platform reserves the right to suspend for any period of time it will define, to cancel, at its discretion and whenever it deems necessary, to the extent permitted by law, the Account of the Users who violates or, regarding whom there is suspicion of violation, present or future, of any of the obligations under these Terms and Conditions and / or the law, namely in case of false information to be provided by the Users.
- DISPUTE RESOLUTION
- Any dispute that arises during course of business that couldn’t be solved mutually can be brought to the notice of the courts ______ for effective redressal.
- Expenses related to court, hiring of lawyers, legal proceedings, etc need to be paid by You and the Platform shall not be held liable for any compensation thereof unless directed by Honourable Courts.