Work India Platform Terms and Conditions

You must take the time to read and understand the terms and conditions before using any of the platforms made available by Eloquent Info Solutions Private Limited (“WorkIndia”, “we” or “our”), i.e.: (i) the WorkIndia Website (https://www.workindia.in/) (“Website”); (ii) the ‘WorkIndia Recruiter App’ (“Recruiter App”); and (iii) the ‘WorkIndia Job Search App’ (“Job Search App”) ((i)- (iii), together “Platforms”, and provision of our products and / or services through such Platforms (“Services”) or before registering for our Services on the Platforms (“Platform Terms”). By browsing or otherwise using our Platforms, as a visitor or as a registered user and (collectively referred as “Users” or “You”) or by registering for our Services available on our Platforms, you accept these Platform Terms and agree to use our Platforms in accordance with these Platform Terms.

If you do not accept these Platform Terms stated below, please refrain from using our Platforms.

We may update these Platform Terms from time to time at our own discretion. We will provide our Users with notice of such change by way of a push notification on the Platform. We will further keep the Users informed of our terms, conditions and notices, including these Platform Terms applicable to the Platform, periodically.

Please write to us at help@workindia.in if you wish to access these Platform Terms in any of the languages listed in Schedule 8 of the Indian Constitution.

A. General Platform Terms

1. Our Platforms allow employers to contact job seekers and to view their profiles detailing such job seekers’ previous work experience. Our Platforms are solely in the nature of technology platforms that connect employers with potential job seekers and facilitate the discovery of employment opportunities. We do not act as an employer, employee, recruitment agency, staffing firm, employment agency, manpower consultancy, placement service provider or representative of any User. Further, nothing in these Platform Terms or on the Platforms or in our Services being provided through the Platforms, shall be construed as creating any such relationship (including but not limited to a joint venture, partnership, principal-agent relationship or employer-employee relationship) under applicable laws of India.
2. We are not a party to any employment contract, offer letter, engagement arrangement, or any other agreement that may be entered into between Users as a result of their interaction on the Platforms, and all hiring decisions, terms of employment, compensation, and related matters are exclusively negotiated and entered between the concerned Users only.
3. Obligations of Employers: Without prejudice to any other obligations set out in these Platform Terms, each User who registers as an employer or posts job listings on the Platforms (each, an "Employer") agrees to the following obligations:
   1. Employers shall create only genuine and authentic profiles for the purpose of registration on the Platforms, and the creation of fake, fictitious, impersonated, or misleading profiles is strictly prohibited. Employers shall not use any Prohibited Content (as defined in Section B below) to create their profiles, such as they shall not impersonate any other person or entity or use a false name or a name that they have no authority to use.
   2. Employers shall only post genuine, bona fide job openings that correspond to actual, existing vacancies within their organisation, and the posting of fake, fictitious, speculative, or misleading job listings is strictly prohibited.
   3. Employers shall not post any job listing that relates to, promotes, or facilitates any activity that is unlawful, illegal, or in contravention of any applicable law, rule, regulation, or order for the time being in force in India, including, without limitation, job postings for roles involving any Prohibited Content, illegal manufacturing, trafficking, gambling (unless expressly permitted by law), or any activity that is otherwise prohibited under applicable law.
   4. Employers shall not, directly or indirectly, demand, charge, collect, or accept any fee, deposit, security amount, or any other payment from Job Seekers (as defined in clause 4 below) as a condition of employment, interview, shortlisting, or for any other purpose in connection with the recruitment process conducted through the Platforms.
   5. Employers shall ensure that all information regarding job description, salary, compensation, benefits, remuneration and other details mentioned in their job postings are accurate, truthful, and not misleading, and shall not inflate, misrepresent, or otherwise distort the nature of the job and/or salary information to attract candidates under false pretences.
   6. Employers shall comply with all applicable employment and labour laws, anti- discrimination laws, equal opportunity regulations, and any other laws or regulations applicable to recruitment, employment and hiring in India.
4. Obligations of Job Seekers: Without prejudice to any other obligations set out in these Platform Terms, each User who registers as a job seeker on the Platforms (each, a "Job Seeker") agrees to the following obligations:
   1. Job Seekers shall create only genuine and authentic profiles for the purpose of registration on the Platforms, and the creation of fake, fictitious, impersonated, or misleading profiles is strictly prohibited. Job Seekers shall not use any Prohibited Content (as defined in Section B below) to create their profiles, such as they shall not impersonate any other person or entity or use a false name or a name that they have no authority to use.
   2. Job Seekers shall ensure that all information relating to their work experience, educational qualifications, skills, certifications, and other professional credentials as stated in their registration profiles is true, accurate, and verifiable, and does not make any false, exaggerated, or misleading claims regarding their work experience, qualifications, or skills.
   3. Job Seekers shall not engage in any form of harassment, intimidation, abuse, stalking, or threatening behavior towards any Employer, other User, or any of our employee or representative or authorized agents, including, without limitation, harassment on the basis of gender, religion, race, caste, ethnicity, sexual orientation, or any other ground.
   4. Job Seekers shall not misuse, copy, scrape, download, store, distribute, sell, or otherwise exploit any information, data, or content of Employers obtained through the Platforms for any purpose other than applying for genuine employment opportunities. Any use of any data provided by Employers on our Platforms for spamming, phishing, solicitation, marketing, or any other unauthorized purpose is strictly prohibited.
5. The Users represent and warrant that they shall comply with their respective obligations under clauses 3 and 4 of these Platform Terms, and we shall not independently or proactively verify the User’s compliance in this regard. We also do not issue any experience certificate to our registered Users, nor do we conduct background verification of any Users. The responsibility for conducting due diligence, reference checks, identity verification, and background verification rests entirely with the Users themselves.
6. Any profile created showing political or illegal material would not be accepted by us under any circumstances. Please also ensure that no such profile should contain any prohibited content as detailed in the section B below, titled as “Prohibited Content”.
7. We will take all reasonable precautions to keep the details of Users secure but will not be liable for unauthorized access to the information provided by any Users, on their own accord, whatsoever. Please also refer to the Privacy Policy for further details in this regard.
8. User eligibility and account registration: To register for and use the Services on the Platforms, the Users must satisfy and comply with the following requirements:
   1. The Users warrant that they are at least 16 years of age, as also described in our Privacy Policy.
   2. If any User is registering on behalf of a company, partnership, limited liability partnership, sole proprietorship, or any other legal entity (each, a "Business Entity"), the User represents and warrants that they are duly authorized by such Business Entity to accept these Platform Terms and to bind the Business Entity to these Platform Terms, and that the Business Entity is validly incorporated or registered under applicable laws of India.
   3. Each User (individually or on behalf of a Business Entity) may create and maintain only one (1) account on the Platforms. The creation of multiple accounts by the same User (individually or on behalf of a Business Entity) is strictly prohibited and shall constitute a breach of these Platform Terms, and we reserve the right to merge, suspend, or terminate such duplicate accounts without prior notice. The registered Users warrant that their e-mail and other contact addresses are valid and up to date when using the Website. Please also refer to the Privacy Policy for further details on how to update your e-mail and other contact addresses if you are unable to update the same through our Platforms.
9. The Users represent and warrant that all information provided by them at the time of registration on our Platforms and at all times thereafter is true, accurate, current, and complete in all respects (please refer to the Privacy Policy on how Users can exercise their right to rectification). The registered Users further agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use. We endeavor to ensure that all the information provided on our Platforms is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information displayed on these Platforms and we shall not be, in any manner liable for inaccuracy/error if any.
10. We make no warranty, express or implied, concerning the Platforms and/or its contents and disclaim all warranties of fitness for a particular purpose and warranties of merchantability in respect of content displayed and communicated through or on the Platforms, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such content as is displayed or communicated through or on the Platforms.
11. You agree that in no event shall you seek to hold us or any of our affiliates liable, whether in contract, tort or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of data, information use, profits, physical damage or revenue) or any other remedy, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the User’s use of or inability to use our Platforms or any parts thereof or in general, relating to the use, availability or content of our Platforms. Without prejudice to the foregoing, in no event shall the total aggregate liability of WorkIndia, its affiliates, directors, officers, employees, agents, and representatives, whether in contract, tort (including negligence), or otherwise, for any and all claims arising out of or in connection with these Platform Terms, the Platforms, or the Services, exceed Indian Rupees One Thousand (₹1,000/-) (the "Liability Cap"). Nothing in these Platform Terms shall exclude or limit liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
12. These Platform Terms will be subject to the applicable laws of India. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Bengaluru, India.
13. We do not cater placement agencies and consultancies. Any payments made by placement agencies/ consultancies will not be refunded under any situation.
14. We are not responsible if any employee has committed crime/illegal activity on an Employer's premises. Background verification of Job Seekers who are/will be hired is a responsibility of respective Employer/Employer’s Business Entity.
15. Our Platforms may contain links to other websites. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the content, security or privacy practices of other websites. We do not endorse other websites or their content by virtue of linking to them to our Platforms.
16. By registering on our Platforms and using our Services, the Users expressly consent to receive communications from us and our authorized representatives through any or all of the following channels: Short Message Service (SMS), telephone calls (including pre-recorded or autodialed calls), WhatsApp messages, electronic mail (email), and push notifications on your mobile device or web browser. Such communications may include, without limitation, service-related updates and notifications (including job alerts, application status updates, interview reminders, and profile recommendations), transactional messages (including payment confirmations, subscription renewals, and account-related notices), promotional and marketing communications relating to our Services, new features, offers, and events, and administrative notices (including updates to these Platform Terms, the Privacy Policy, or any other policies applicable to the Platforms). Notwithstanding the foregoing, an User may opt out of receiving promotional and marketing communications by adjusting their notification preferences in their account settings on the Platforms or by following the unsubscribe instructions contained in any such communication; however, you may not opt out of receiving service-related and transactional communications, which are essential to the operation of your account and the Services. You further consent to receiving communications on the mobile number and email address registered with the Platforms.
17. Intellectual Property:
    1. All intellectual property rights in and to the Platforms, whether registered or unregistered, including but not limited to the software, source code, object code, algorithms, databases, user interface, patents, technology, design, layout, text, graphics, video, audio, images, logos, trade marks, service marks, trade names, domain names, and all other content and materials available on the Platforms, with all improvements, enhancements, modifications, updates, and derivative works thereof (collectively, "Platform IP"), are and shall remain the exclusive property of WorkIndia or its licensors.
    2. Nothing in these Platform Terms shall be construed as granting any User any right, title, interest, or license in or to any Platform IP, whether by implication, estoppel, or otherwise, except for the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platforms strictly in accordance with these Platform Terms and solely for the User's operational purposes of seeking or offering employment opportunities.
    3. Users shall not, without the prior written consent of WorkIndia, copy, reproduce, modify, adapt, translate, or create derivative works of any Platform IP, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of the Platforms, remove, obscure, or alter any proprietary notices, labels, watermarks or marks on the Platforms, frame, mirror, download, distribute or otherwise incorporate any part of the Platforms or Platform IP into any other website, application, or service, or use/ make available to any third party, any Platform IP for any commercial purpose including but not limited to the training of artificial intelligence or machine learning models, data mining, scraping, or automated extraction of any kind, other than as expressly permitted under these Platform Terms.
    4. By posting, uploading, or submitting any content on the Platforms, including but not limited to job postings, candidate profiles, company descriptions, logos, and any other materials (collectively, "User Content"), the User grants WorkIndia a perpetual, non- exclusive, worldwide, royalty-free, sublicensable (through multiple levels of sublicensing), and transferable license to use, host, store, reproduce, display, distribute, modify, adapt, and publish such User Content on the Platforms and across WorkIndia's marketing and promotional channels, solely for the purposes of operating, promoting, advertising and improving the Platforms and the Services.
    5. Such license to the User Content shall survive the termination or expiration of the respective User’s registration to our Platforms to the extent that such User Content has been incorporated into the Platforms or shared with other Users prior to such termination or expiration or is reasonably required by WorkIndia for the continued operation of the Platforms and Services.
    6. The Users represent and warrant that they own or have all necessary rights, licenses, and permissions to submit the respective User Content, that such User Content does not infringe any patent, trade mark, copyright, or other proprietary rights of any third party, and that such User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
18. Our Platforms are provided “as is” and “as available” without any representation, warranty or condition of any kind, including but not limited to any implied warranties or conditions of merchantable quality, fitness for a particular purpose, and non-infringement of third party rights. Without limiting the generality of the foregoing, we do not warrant that our Platforms, including any information available on the Platforms, will be accurate, complete or up-to- date, or that defects, inaccuracies or errors on the website will be identified or remedied.
19. You agree to indemnify us, our affiliates and our representatives harmless against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature whatsoever for which they may become liable, or which they may suffer as a result of your use of our Platforms, your breach, violation or non-performance of any term or condition of these Platform Terms, or your violation of any third party’s rights relating to these Platforms.
20. If you breach any terms of these Platform Terms to use our Platforms, we will reserve the right to terminate your access to our Platforms immediately without the necessity of any notice being given to you. In any event, access to our Platforms may be terminated at any time by us without notice, especially in such circumstances where we determine, in our sole discretion, that any of the following grounds exist: (i) fraud or misrepresentation (including any fraudulent activity, identity theft, impersonation, or misrepresentation of any kind in connection with your registration, profile, job postings, or any other activity on the Platforms); (ii) breach of these Platform Terms (including but not limited to the Prohibited Content provisions, Employer Obligations, or Job Seeker Obligations); (iii) misuse of the Platforms (including scraping, data harvesting, spamming, phishing, distributing malware, or using the Platforms for any purpose other than their intended purpose); (iv) violation of any applicable law, rule, regulation, order, or direction of any governmental, statutory, or regulatory authority as applicable in India; (v) safety concerns where your continued use of the Platforms poses a risk to the safety, security, or well-being of other Users, our employees or agents, or any third party; (vi) non-payment of any amount due to WorkIndia in connection with the Services within the stipulated time; or (vii) upon receipt of a request or direction from any law enforcement agency, court, or governmental authority to suspend or terminate your account as per applicable laws of India. Upon termination of your account for any reason, all rights and licences granted to you under these Platform Terms shall immediately cease and you shall immediately cease all use of the Platforms and the Services.
21. Our Platforms may be periodically unavailable, and content on the Platforms may be removed or modified at any time without notice. In addition, we may, in its sole discretion, restrict, suspend or cancel access to or use of the Platforms, for all or any one or number of Users. We shall not be held responsible for non‐availability of our Platforms at any point in time for any reason whatsoever. The User also understands and agrees that any material and/or data downloaded or otherwise obtained from the Platforms is done entirely at his discretion and risk, and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.
22. Under no circumstances shall we or our affiliates be liable for any failure or delay in the performance of our obligations under these Platform Terms if such failure or delay results from any event or circumstance beyond our reasonable control (each, a "Force Majeure Event"), including but not limited to acts of god, natural disasters, epidemics, pandemics, or other natural calamities, war, power failures, internet outages, telecommunication failures, or failures of third-party hosting, cloud, or infrastructure services, cyberattacks, hacking, distributed denial-of-service attacks, ransomware, or other malicious cyber activities, and any change in applicable law or regulation that renders the performance of our obligations impracticable or unlawful. Upon the occurrence of a Force Majeure Event, we shall use reasonable endeavors to mitigate the effects of the Force Majeure Event and to resume performance of our obligations as soon as reasonably practicable.

B. Prohibited Content

You shall not upload, modify, publish, update, or share any information that:

• Belongs to another person and to which you do not have any right;
• Is obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
• Is harmful to children;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as may be notified and published in the Official Gazette;
• Impersonates another person;
• 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 cognizable offence, or prevents investigation of any offence, or is insulting another nation;
• Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• Is in the nature of an online game that is not verified as a permissible online game;
• Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
• Violates any law for the time being in force.

Contact Us

If there are any questions regarding these Platform Terms, you may contact us using the Contact Us page available on the Website.

If you have any grievances relating to your use of the Platforms, you may contact our grievance officer below:

Name: Mr. Abhishek Shekhar, appointed under the Information Technology Act, 2000, and the rules thereunder
Email: grievance@workindia.in
Contact Number: 08069824660