TERMS OF SERVICE

1.   GENERAL

These website Terms and Conditions apply to your use of the www.karyamitr.com   website in conjunction with our Privacy Policy. By using this website, you agree to comply with these Terms and Conditions as they apply from time to time. If you do not agree, please do not use the website.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.karyamitr.com

(a) The domain name karyamitr.com (hereinafter referred to as “the Website ”) is owned by PURPLEMONKS TECHNOLOGY (hereinafter referred to as the “ Company ”), a Private Limited Company incorporated under the Companies Act 2013 having its registered office at A-506, MANTRI SERENE, OFF FILM CITY ROAD, DINDOSHI, GOREGAON-EAST, MUMBAI - 400065, INDIA .

(b) For the purpose of these Terms of Use, wherever the context so requires " You " or " User " shall mean any natural or legal person who has agreed to become a service recipient on the Website and availing the Services available on the Website/ by providing Registration Data while registering on the Website. The site also providing it’s Services without registration does not absolve You of this contractual relationship. The term " We ", " Us ", " Our ", " KaryaMitr " or “ PurpleMonks ” shall mean the Company. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.

(c) The use of this Website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past the home page or first screen, or using any of the Services shall be taken to mean that You have read and agreed to be bound by all of the policies.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by this Site, and they shall be deemed to be incorporated into this Terms of Services and shall be considered as part and parcel of this Terms of Services.

(d) We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies.  As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ABOUT US

PurpleMonks Technology Private Limited’s KaryaMitr platform connects workers, employers, consultants, contractors and other service providers and provides various manpower & others services to its clients. We use proprietary technology to enable smoother matching of employer’s and worker’s needs via our platform karyamitr.com

2. MEMBERSHIP

Use of this Website is only available to those above the age of 14, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its Services.

3. COMMUNICATIONS

You are required to provide Us with your phone number/e-mail, login/ password while placing your order for Services through this Website. By using this Website it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this Site is also your consent to receive SMSs/messages/notifications from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from Us for the same, you may send us a mail to the effect at mitr@karyamitr.com

You may also be contacted by Service Providers with whom you have interacted in furtherance of our rights, duties and obligations under this document and all other policies followed by Us.  

The sharing of the information provided by You will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website in contravention to the terms of the Privacy Policy.

4. WEBSITE AS AN INTERMEDIARY PLATFORM

The Website is a subscription fee based platform for Employers and Contractors. It allows employers, contractor, workers, training service providers and other registered Users to meet and interact with one another for their transactions and mutual benefit. We are not a party to such interaction and take no liability that arises from any such communication.

All communication which inter alia include the contract, its terms, rights and obligations are outcomes of the communication between the Candidates and the Employers. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.

You acknowledge and agree that the Company merely provides a technology platform and is not responsible for hiring or training decisions. Each Employer makes and solely controls all decisions with respect to hiring or not hiring candidates on our platform.

 

5. CHARGES

The membership of this website is free of cost and this includes the browsing of the site. However, charges shall be applicable on the Services rendered by Us through our site.  The relevant fees will be described and set forth based on the type of User, usage requirements or a separate service level agreement. Where applicable, You agree to provide the Company with complete and accurate billing and contact information. This information includes Your legal company name, street address, email address and name and telephone number of an authorized billing contact. You agree to update this information within thirty (30) days of any change to it. If the contact information You have provided is false or fraudulent, we may terminate your access to the Service in addition to any other legal remedies.

6. USER OBLIGATIONS

You are a restricted user of this website. Please also see the Annexure  at the end.

6.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/ is not permitted.

6.2 You agree not to access (or attempt to access) the Website/ and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website Further, You may report such allegedly offensive content.

6.3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d) Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

e) Post any file that infringes the copyright, patent or trademark of other legal entities.

f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the Website or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.

h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

j) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

l) Violate any applicable laws or regulations for the time being in force within or outside India;

m) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website   contained herein or elsewhere;

n) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (" ISPs ") or other suppliers;

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

You will be responsible for ensuring that all persons who access the Website through Your internet connection are aware of these terms, and that they comply with them.

By breaching this provision, You would commit an offence under the applicable law. The Company will report any such breach to the relevant law enforcement authorities and the Company will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our site will cease immediately.

You, Your agents, or anyone acting on your behalf shall not offer, promise or provide any item of value, pay bribes or make improper payments to public officials directly or indirectly in order to obtain new business, retain existing business, and/or secure any improper advantage. Any accepted local practices to the contrary are inapplicable.

You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Services; provided, however, that the Company reserves the right, but has no obligation, to intercede in such disputes. You agree that the Company will not be responsible for any liability incurred as the result of such interactions. The Company will have final determination as to the outcome of any dispute related to the Service. You will indemnify the Company from a claim by any third party (including any User) related to your breach of these Terms.

7. SIGNING UP  

If a candidate/worker uploads their resume/profile and /or applies for a Job, they must ensure that the details provided are accurate, up to date and complete.

When you sign up, you will be asked to create a password and a login. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us immediately. We accept no liability for any unauthorised use.

By using this site, you are solely responsible for any and all occurrences, which includes maintaining up-to-date, correct, accurate and complete information on your account and uploading materials which do not breach or infringe the Intellectual Property Rights of any third party.

If the Company has reason to believe that there is likely to be a breach of security or misuse of our website, we may require you to change your password or we may suspend your account. We may suspend or cancel your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions or the Privacy Policy.

You can delete your account by sending in a request to mitr@karyamitr.com .

The suspension or cancellation of your account and your right to use the website shall not affect either party's statutory rights or liabilities.

8. GATHER INFORMATION

We may gather information and statistics collectively about all visitors to this Site which may include the information supplied by you which will help us to understand our users thereby creating a better recruitment process. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online Service. We may share this kind of aggregate data with selected third parties to assist with these purposes.  Personal data is processed by us in accordance with our Privacy Policy.

9. INTELLECTUAL PROPERTY

All trademarks, trade names, logos, information and material text, graphics, user interfaces, visual interfaces, photographs, sounds, music and artwork (collectively, " Content "), available on this website are the property of Company and its licensors, if any. Any unauthorised reproduction is prohibited.

You may only access, use and print the information and material on this website for non-commercial or personal use provided that you keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this website. If you seek to reproduce or otherwise use the content in any way it is your responsibility to obtain approval from us for such use where necessary.

Any other Content, apart from the one owned by Us, is a third party user generated content and We have no control over such third party user generated content. Other than when provided for, the use of such Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website/Mobile Application or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed. The Content that You post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content.

We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

10. DATA PROVIDED BY US

From time to time, Our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re-producing, publishing, changing, and editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.

Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable or for any other technical issues beyond our control. We are not in any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.

From time to time, our Website/ with have external links connected to other websites. We in no way endorse these websites/Mobile Applications. We are in no way liable for the information found on those websites/Mobile Applications. External websites/Mobile Applications may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own discretion in the navigation and use of external sites.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/Mobile Application INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/Mobile Application, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/Mobile Application, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE, SERVICES AND OTHER MATERIALS PROVIDED BY THIS WEBSITE/MOBILE APPLICATION IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION ON THIS WEBSITE IS INTENDED TO PROVIDE A GENERAL GUIDE ONLY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OR ADEQUACY OF THE WEBSITE, ANY SERVICES PROVIDED THROUGH IT OR INFORMATION IT CONTAINS. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER;

(II) ANY ERRORS OR DEFECTS IN THE WEBSITE/ MOBILE APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED;

(III) THE SERVICES OFFERED THROUGH THE WEBSITE/MOBILE APPLICATION SHALL MATCH THE DESCRIPTION ON THE WEBSITE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

13. COMPLIANCE WITH LAWS

Your use of the Website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them.

14. DISPUTE RESOLUTION

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and You hereby submit to the personal jurisdiction of such courts.

15.CONTACT US. If You have any questions or any complaints with the Service provided by the Company or any information contained on the Website, you can write to us at mitr@karyamitr.com


ANNEXURE

ADDITIONAL TERMS APPLICABLE TO EMPLOYERS/CONTRACTORS/CANDIDATES

1. Posting Job and Using the Service.

All Jobs must be for bona fide positions. The Employer will proactively, and on a timely basis, communicate the progress of a Job through the Site or on email (e.g., when candidates are contacted, dispositioned, interviews are scheduled and completed, offers are made, etc.).

Employer may communicate directly with candidates who have been submitted, and may require candidates to submit applications through Employer’s Website provided that ownership of the candidate is still retained by the Company (Us). Notwithstanding anything to the contrary in the Terms, Employers may use and disclose to service providers, agents, and vendors any Other User Content solely in connection with fulfilling a Job (including as part of background checks).

Usage of the Website and it’s services are subject to fulfilment of terms of usage, agreements, payment of appropriate subscription and or hiring charges to Us, as will be defined in a separate service level agreement.

Employer is responsible for all the costs and effort associated with recruiting, background checking, on-boarding, and training a candidate found through our Website/ App.

2. Employer Name: Logo

The Website/App may use the Employer’s company name, logo, or other marks for the purposes of providing the Services described herein.

3. Indemnification and Hold Harmless.

3.1 Mutual Indemnification.

PurpleMonks and the Employer shall indemnify and hold harmless the other party and their officers, directors, and employees from any and all claims, demands, causes of action, liabilities, loss or damage (including reasonable attorney fees and expenses) due to the gross negligent acts or willful misconduct of that party’s employees.

3.2 Candidate Indemnification.

We are not directly involved in the Employer’s decision to hire or reject any candidate. Therefore, Employer shall indemnify and hold PurpleMonks/KaryaMitr harmless, their officers, directors, and employees from any and all claims, demands, causes of action, liabilities, loss or damage (including reasonable attorney fees and expenses) due to the actions, services, or claims of candidates against the Employer.

4. Independent Contractors.  

Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Us and the Employer or Us and the candidate/worker. Employer will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving PurpleMonks that is inconsistent with Employer being an independent contractor (and not an employee) of PurpleMonks. We are not the agent of the Employer and is not authorized, and the Employer shall not represent the same to any third party.