TERMS OF SERVICE

This page tells you the terms on and conditions based on which you may use this Website: ‘www.workex.xyz’. By using or accessing this Website, you indicate that you accept and agree to the terms of Service (“Terms of Service”), and any other rules on the Website. If you do not agree to these Terms of Service, kindly refrain from using this Website.

INFORMATION ABOUT US
1. Our Website, ‘www.workex.xyz’ is operated by M/s Workex Solutions and Services Private Limited, (hereinafter referred to as “Company” or “Workex”), a company incorporated under the Companies Act, 2013, and having its registered office at House Number 405, Anand Nagar, Near Fakira Wala Kuan, Rewari, Haryana - 123401, India and corporate office at #555, 3rd Floor, Axis Padegal, 9th Cross Road, J P Nagar 3rd Phase, Bengaluru – 560078, Karnataka, India.
2. Our Website an integral part of the web-based technology platform that enables Candidates seeking a job, to connect with Employers looking to hire Candidates for a job. However, we are not a recruitment agency.
3. Our Users seeking jobs/Candidates for certain jobs, are required to create accounts on our Website/App accordingly by providing us with the information specified in the Privacy Policy. By providing Service through our Website, we strive to connect such Users i.e., Employers and Candidates to one another by, (i) notifying a suitable Candidate of the job posted; (ii) allowing the Candidate and the Employer to communicate through the chat facility on the Website, so that each Candidate may find either find a job based on the specifications provided by him/her, and each Employer may find a Candidate, based on certain criteria, requirements and specifications of the job as provided by the Employer. Thereby preventing any miscommunication between the parties and facilitating an easy recruitment.
ACCESSING OUR WEBSITE
1. In order to avail of the Services provided by us on the Website, you shall register with our Website, thereby creating a specific account for yourself (irrespective of whether you are an Employee, or a Candidate).
2. To sign up for an account, you need to be at least 18 years old. If necessary, we may ask you for proof of age. You are responsible for your account and all activity on it and for keeping your password confidential. If you find that someone is using your account without your permission, kindly report it to wxadmin@workex.xyz.
3. To enable you to become a registered User of our Website, we require your basic personal information like name, address, email address and mobile number. We assure you that at no time will this information be sold or shared with parties not associated with us. Your privacy is important to us. Further details of which are as provided in our Privacy Policy.
4. By providing us such personal information, you consent to us utilizing the same in order to provide quality Services and results, as desired by you through our Website. You may receive communications from us electronically, ex., emails/phone calls from us to ensure that you get obtain results of your expectations through our Service. You agree that, all communications we provide to you electronically, satisfy any legal requirement that such communication be in writing.
5. By providing us information on our Website, you as a User (i.e., Candidate, or Employer) represent and warrant that all information provided by you/posted by you (including details pertaining to the company, the job, salaries, information provided in the Candidate’s resume) is authentic and reliable. Therefore, you alone shall be liable for any misrepresentations made by you, or for any inaccuracy/discrepancy in the information provided by you. No User shall hold us liable for the same.
6. We do not provide, or make any representation as to the quality, accuracy, bona fides or general or specific nature of any opportunity/Employer/Candidate, or any other representation, warranty or guaranty, express or implied. It is the User’s responsibility to ensure the suitability and fitness of the opportunities, Employers/Candidates introduced to each other on our platform. We to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Services and the Workex Content.
7. The Candidate shall be solely responsible for his/her information, resume, content, messages or other information (“Candidate Details”) that he/she submits, publishes or displays on the Website. By posting such Candidate Details on the Website, the Candidate automatically grants to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such details and to prepare derivative works of, or incorporate into other works such Candidate Details, and to grant and authorize sublicenses thereof.
8. The Employer shall be solely responsible for his/her information, content, messages or other information (“Employer Details”) that he/she submits, publishes or displays on the Website. By posting such Employer Details on the Website, the Employer automatically grants to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such details and to prepare derivative works of, or incorporate into other works such Employer Details, and to grant and authorize sublicenses thereof.
9. Candidates shall be able to browse through the ‘jobs’ page of the Website and search for suitable jobs and positions, and the Employers shall be able to browse through a list of Candidates who are interested in a similar job. Candidates may thereafter apply for a particular job by uploading the relevant information for the particular job. Based on this, the Candidate and the Employer may ‘chat' and the Candidate of the Employer’s choice maybe called for an interview.
RESPONSIBILITIES
1. We are not responsible to the Candidate for the following:
  a) If the Employer concerned is not verified/authentic;
  b) If the Employer fails to pay salaries on time to the recruited Candidate based on the terms and conditions specified by them;
  c) If the Employer misbehaves with the Candidate, or engages in any form of sexual abuse, mental harassment, or any form of physical abuse;
  d) Any untoward incidents occurring in the Candidate’s interview, or a delay in the interview;
  e) If the nature of work required to be done by the Candidate at the job, is not as described by the Employer;
  f) If the Employer/his business is engaged in any illegal activities;
  g) If the company is not engaged in the business as described according to the information provided by the Employer;
  h) If the Candidate’s position is not as described by the Employer on our Website; and
  i) If any other representations made by the Employer to the Candidate are inaccurate.
2. However, by creating an account on our Website after agreeing to our Terms of Service, in order to recruit Candidates, the Employer concerned covenants that, he will not commit/is not committing any of the acts mentioned in Clause 3.1 above.
3. We are not responsible to the Employer for the following:
  a) If the Candidate concerned is not verified/authentic;
  b) If the Candidate misbehaves with any colleague, or engages in any form of misconduct;
  c) If the Candidate made misrepresentations of the skills or knowledge possessed by him to the Employer;
  d) If the Candidate is not dedicated to the job, and fails to attend office;
  e) If the Candidate does not carry out his responsibilities diligently in the company based on the company’s policies, terms and conditions; and
  f) If any other representations made by the Candidate to the Employer are inaccurate.
4. By creating an account on our Website after agreeing to our Terms of Service, in order to seek a job, the Candidate concerned covenants that, he will not commit/is not committing any of the acts mentioned in Clause 3.3 above.
5. However, we encourage the Users encountering such issues as specified under Clause 3.1 and 3.3, to kindly report the same to us at wxadmin@workex.xyz , in order to help us improve our Services. Your feedback is valuable to us.
6. Every User covenants that, he shall not use/misuse any of the information provided by any other User for any purpose other than specified in this Terms of Service. We shall not be responsible for the inconsistency or inaccuracy of any information obtained by you from our Website that has been posted or updated by our Users.
7. It is to be noted that, we are a platform facilitating recruitment by allowing direct communication between the Candidate and the Employer on our Website. However, we are not a recruitment agency. The Employer hires the Candidates solely at his own discretion, and the Candidates apply and communicate with the Employer at their own discretion. We do not represent the Candidate or the Employer at any time. We do not control, and are not liable to, or responsible for any of the representations made by the Users.
COVENANTS
1. Workex does not charge the Candidates any fees for the Services – it normally receives all monetary consideration from the Employers.
2. Workex is in compliance with all applicable laws.
3. As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules, 2011, we hereby inform the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  a) belongs to another person and to which the User does not have any right to;
  b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  c) harm minors in any way;
  d) infringes any patent, trademark, copyright or other proprietary rights;
  e) violates any law for the time being in force;
  f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  g) impersonate another person;
  h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
4. The User is also prohibited from:
  a) violating or attempting to violate the integrity or security of the Website/App or any Workex Content;
  b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Workex;
  c) intentionally submitting to the Website any incomplete, false or inaccurate information;
  d) making any unsolicited communications to other Users;
  e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  g) copying or duplicating in any manner any of the Workex Content, or other information available from the Website;
  h) framing or hot linking or deep linking any Workex Content.
5. Workex, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause 4.2 above, shall be entitled to disable such information that is in contravention. Workex shall be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes.
6. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Workex has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
7. Relationship: The User understands that the Candidates/Employers and Workex are independent parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. The Employer/Candidate and Workex are not agents or partners or in a joint venture or profit sharing relationship vis-à-vis each other. Therefore, no User shall hold Workex responsible or liable in any way for any acts or omissions by such Employer/Candidate.
8. The User hereby agrees and acknowledges that, Workex’s liability or responsibility towards the Candidate/Employer shall cease to exist upon the successful placement of such Candidate with an Employer.
INTELLECTUAL PROPERTY RIGHTS
1. www.workex.xyz and related icons and logos are registered intellectual property of M/s Workex Solutions and Services Private Limited.
2. We authorize the Users to view and access the content available on or from the Website solely for the User’s personal use. The contents of the Website such as job postings, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/App (collectively, "Workex Content"), are the property of Workex and are protected under copyright, trademark and other laws. The User may not modify the Workex Content or reproduce, display, publicly perform, distribute, or otherwise use the Workex Content in any way without our written consent, for any public, or commercial purpose or for personal gain.
3. The information used in our Website, shall not be used by you for any commercial purpose without written consent from us. For the purpose of Clause 5.2, “commercial purpose” shall mean to use, sell, license, or otherwise exploit such content for commercial use, in any way.
CHANGES TO THE WEBSITE
1. We aim to update this Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
2. We reserve the right to withdraw or amend the Service we provide on this Website without notice. We will not be liable if for any reason, the material our Website is out of date/unavailable at any time or for any period.
OUR LIABILITY
1. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy to the maximum extent permitted by law. The Services provided by us, are provided “as is” or “as available” and we disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, and reliability for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.
2. To the maximum extent permitted by law, we make no representations or warranties about the validity, accuracy, or reliability of any of the information provided on or through our Website, including the Workex Content.
3. Any recruitment done with the help of our Website is done at the sole discretion and risk of the Employer, and we shall not be held liable to the Employer/Candidate/any third party, for any damage or loss incurred to the Employer/Candidate due to the inaccuracy/non-reliability of the information provided on our Website by a User.
4. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any User in connection with our Website or in connection with the use, inability to use, or results or the use of this Website, any websites linked to it and any materials posted on it.
5. We shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
  a) the use or the inability to use the Website or Services;
  b) any defect in the data, information provided on our Website by the Users, or any advertisements by third parties;
  c) unauthorized access by third parties to data or any information of any User; and
  d) any matters relating to Services however arising, including negligence.
6. The limitations and exclusions of liability to our Users under the terms shall apply to the maximum extent permitted by law and shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
7. Each User hereby agrees to indemnify and hold harmless, www.workex.xyz, our Company, its affiliates, directors, officers and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from breach of any of term, and conditions required to be complied by such User in accordance to these Terms of Service, or the Privacy Policy.
8. In the event a User makes a claim against Workex for any loss or damages arising due to the provision/submission of false/incorrect Employer Details/Candidate Details or voluntary misrepresentation of his/her Employer Details/Candidate Details, such Candidate/Employer shall be liable to indemnify Workex for any and all losses incurred by us (including legal costs and expenses) due to such claims made by the User.
VIRUSES, HACKING AND OTHER OFFENCES
1. You must not misuse this Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful (collectively referred to as “Viruses”). You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to this Website. You must not by any means, attack this Website.
2. By breaching this provision, you may commit a criminal offence under the relevant laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. On the occurrence of an event of such a breach, your rights to use this Website will cease immediately.
3. We will not be liable for any loss or damage caused by an attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any other website linked to it.
LINKING TO OUR WEBSITE AND SCRAPING
1. You may not link to this Website without our prior written permission. You may not scrape content from this Website and repost such content, either manually or automatically, without our prior written consent.
2. This Website must not be framed on any other Website without our prior written permission. We reserve the right to withdraw linking, scraping and framing permission without notice.
3. If you wish to make any use of material on this Website other than that set out above, please address your request to wxadmin@workex.xyz wxadmin@workex.xyz.
LINKS FROM OUR WEBSITE
1. Where this Website links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
1. The courts in India will have exclusive jurisdiction over any claim arising from, or related to our Website. These Terms of Service are governed by Indian law. All matters of dispute are subject to the courts in the city of Bangalore.
VARIATIONS
1. We may revise these Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
YOUR CONCERNS
1. If you have any concerns about material which appears on our Website, or any feedback, please contact us at wxadmin@workex.xyz. Your feedback is valuable to us.

End of Terms of Service
Thank you for visiting our Website.