- "You" means any person who access or avail the Site or approach the Company for the purpose of seeking job opportunities, posting job opportunities, sharing, saving or dealing with the service.
- By clicking "I agree", you agree to be bound by these Terms along with the written agreements between you and/or the employer. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
- The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. In addition
- While using any particular services, you may be subject to the terms and agreements entered between you and the company and / or the employer. All such terms and conditions are hereby incorporated by reference into the Terms.
- If you do not agree with the Terms, please do not click the "I agree" button or use this Site or the Service.
2. INTELLECTUAL PROPERTY RIGHTS
The content on the Site including, without limitation text, graphics, interactive features, logos, photos, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of the Company, its licensors and its suppliers. The Content is protected by Intellectual Property laws and other such laws including but not limited to copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Content remain with the Company, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors.
3. TERMS AND CONDITIONS OF USE
- Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Service. Sharing your account login and password details of the website with any individual outside your own recruitment team, sending unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited messages regarding promotions and/or advertising of products or services to a user of the website. Spam e-mails, or commercial e-mails seeking monetary transactions, to jobseekers; the facility to download resumes is provided as an aid to your recruitment activities only. Any mass download of Resumes from the database using any kind of software, or for non-recruitment related purposes, will be treated as a violation of the Terms & Conditions and may invite legal action.
You hereby agree and assure the Company that the Site and/or the Service shall be used for lawful
purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any
applicable Central, State or local government or any other international laws. You further concur that you
- Use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site and / or the Service in a manner that sends numerous automated requests to the Site's servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contain misleading information regarding the origin of the Content; or otherwise contains objectionable content.
- The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Service / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User submissions.
- You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.
4. DISCLAIMER OF WARRANTIES AND LIABILITY
- You understand and agree that the Company provides the Service on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site or the Service is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the
- Accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
- That the service will be uninterrupted, timely, secure, or error-free;
- The quality of any services, content, information, or other material on the website will meet your expectations or requirements;
- Any errors in the Site will be corrected;
- Warranties against infringement of any third party intellectual property or proprietary rights.
- The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Service, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
- In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
- You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
Any claim due to or arising out of your violation of these Terms, including but not limited to a claim
arising out of a breach of your representations or warranties made hereunder;
- Your use or misuse of or access to the Site or the Service;
- Your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that you have caused damage to a third party.
- The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defence of these claims.
6. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Service (including the Content and the devices through which the Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Service.
7. GENERAL TERMS
Grievance RedressalRedressal Mechanism : Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature --------name and address
RelationshipNone of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company's benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
Force MajeureNeither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ́Force Majeure Event ́ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
Applicable LawThese Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at New Delhi.
Limited Time To Bring Your ClaimYou and the Company agree that any cause of action arising out of or related to use of the Site or the Service must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
SurvivalRights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Non WaiverAny express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Copyright © 2018 Vigour Contingent Pvt Ltd. All rights reserved. This disclaimer/terms of service notification is subject to change without notice.
Terms and conditions governing BPS:
We thank you for using https://workflexi.in As you are aware, the usage of our services is governed by set of regulations. "Company": Is defined as Vigour Contingent Private Limited an existing Company under the Companies Act, 1956 and having its registered office at B3 104, Shriram Spandhana Apartments, Challaghatta, Bangalore- 560037 along with its unit for the Company's website www.workflexi.in. The website ( www.workflexi.in) is dedicated to providing the safest possible environment for you to search for contract jobs and manage your career.
The following are a set of guidelines laid out by the Company for the use of one of its services called the Basic Pay System (the “BPS”). The BPS is for the benefit of candidates whose contract ends abruptly, before having secured their next contract. By accepting the services of the company, the employer agrees to the following terms and conditions regarding BPS.
- The employer, at the time of nominating a candidate for BPS, would apprise the candidate about the terms and conditions governing the BPS.
- The candidate's BPS application has to be verified and approved by the employer post which the candidate is officially on the BPS list of the Company.
- The candidate can apply for the service with only one employer at any given point in time.
- The candidate is eligible for basic pay disbursement from the Company only after the completion of 180days of the employer approving the candidate for the service. Post 180 days, when the candidate asks for disbursement, the following steps are verified:
The Employer at any point wants to discontinue the service to a candidate, they
need to communicate to the Company via an email, post which the service is
cancelled for the candidate in the Company’s system, for that particular employer.
The Employer can then replace the candidate with any other candidate, within a
period of 15days, for the same fee. The fee once paid for a candidate shall be
forfeited after a period of 15days, if the employer does not nominate any candidate.
- If for all the 180 days the candidate is pay-rolled with the same employer, irrespective of whether in the same contract or different contract(s).
- If the contract has fully ended – i.e. proof of the last working day
- The relieving letter from the end-employer(onsite)
- If or not secured the next contract job
- Upon submission and verification of the above (by the Company and the employer), the employer will once again approve the candidate for the final disbursement of the basic pay amount
- The payment, which is the candidate's Basic pay (~40% of his gross pay) and upto a maximum of INR20,000/- to the candidate is made via NEFT /Online banking.
- If the Company is able to place the candidate in an active job in the 15days of his/her LWD, then the candidate is not eligible to get the basic pay from the Company.
- When an employer nominates a candidate for BPS and if the candidate does not lose his contract job (is hired on a permanent role or the project is extended beyond 12months or any other circumstance) for a period of 12months from the date of approving the service, then the service becomes null and void after 12months. The candidate has to be nominated again for the service, by the employer, by paying the required fee.
- The Employer at all times can see the status of the BPS application of a candidate, on his dashboard.
- The Company reserves the right to delete any BPS application that is found inappropriate/ fraudulent or does not abide by the rules of the service.
- By signing the terms and conditions, the Employer agrees that their company shall not indulge in any mis-management or mis-use of the service offered by the Company.
- In case of any disputes between the employer and their candidates, company and/or its services will be held harmless and will not be made a party to any suits thereunder and thereafter.