01. Usage of Jobers

The Jobers Platform (including any mobile based applications, website and web applications) is provided by Everyscope Technologies Private Limited (“Everyscope”) either directly or through its affiliates including but not limited to Everyscope Technologies Private Limited (“Jobers”). Everyscope and Jobers are collectively referred to as "Jobers". Through the Jobers Platform any person with a verified account can view and apply for jobs (“User”) through the Jobers Platform, access and participate in the services provided by Jobers. Jobs are posted by independent third parties not related to or affiliated with Jobers.

A User accessing the Jobers Platform shall be bound by these Terms of Service, and all other rules, regulations and terms of use referred to herein or provided by Jobers in relation to any services provided via the Jobers Platform (“Jobers Services”).

Jobers shall be entitled to modify these Terms of Service, rules, regulations and terms of use referred to herein or provided by Jobers in relation to any Jobers Services, at any time, by posting the same on the Jobers Platform. Use of the Jobers Platform and Jobers Services constitutes the User's acceptance of such modified Terms of Service, rules, regulations and terms of use referred to herein or provided by Jobers in relation to any Jobers Services, as may be amended from time to time. Jobers may, at its sole discretion, also notify the User of any change or modification in these Terms of Service, rules, regulations and terms of use referred to herein or provided by Jobers, by way of sending an email to the User's registered email address or posting notifications in the User accounts or through any other mode of communication. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms of Service, rules, regulations and terms of use referred to herein or provided by Jobers. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms of Service, rules, regulations and terms of use referred to herein or provided by Jobers.

Certain Jobers Services being provided on Jobers may be subject to additional rules and regulations set down in that respect. To the extent that these Terms of Service are inconsistent with the additional conditions set down, the additional conditions shall prevail.

Jobers may, at its sole and absolute discretion:
 

  1. Restrict, suspend, or terminate any User's access to all or any part of the Jobers Platform or Jobers Services;
  2. Change, suspend, or discontinue all or any part of the Jobers Platform or Jobers Services;
  3. Reject, move, or remove any material that may be submitted by a User;
  4. Move or remove any content that is available on the Jobers Platform;
  5. Deactivate or delete a User's account and all related information and files on the account;
  6. Establish general practices and limits concerning use of Jobers Platform;
  7. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).

In the event any User breaches, or Jobers reasonably believes that such User has breached these Terms of Service, or has illegally or improperly used the Jobers Platform or Jobers Services, Jobers may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of the Jobers Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Jobers and further, take technical and legal steps as it deems necessary.

If Jobers charges its Users a platform fee in advance in respect of any Jobers Services, Jobers shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Jobers Services on account of any negligence or deficiency on the part of Jobers, but not if such suspension or removal is effected due to:
 

  1. any breach or inadequate performance by the User of any of these Terms of Service; or
  2. any circumstances beyond the reasonable control of Jobers.

By accepting these Terms of Service Users are providing their consent to receiving communications such as announcements, administrative messages and advertisements from Jobers or any of its partners, licensors or associates.

 

02. Participation

When accessing and interacting with the Jobers Platform and Jobers Services a User will be able to view and apply for jobs posted by potential employers for their respective organizations.

To view and apply for a job a User shall be required to provide information about the User's education, qualifications, past experience and skills. While Jobers does not tolerate or allow for discrimination on the basis of gender, certain jobs might be gender specific and might be available only to persons of a certain gender. The User understands and acknowledges that such stipulations as to gender specifications for a certain job are not mandated by Jobers and that such stipulation is made by the job poster.

By agreeing to these Terms of Service and while applying for a job through the Jobers Platform, Users undertake that all information shared will at all times be accurate and not be misleading. The User understands and acknowledges that any incorrect information or misrepresentations made by the User will affect the efficacy of the Jobers Platform and Jobers Services and that Jobers shall have the right to suspend the User's account if it is found that the information shared by the User is false or misleading.

The job applications by the Users on the Jobers Platform shall remain active only for a period of 60 (sixty) days from the date of application to the job posts and upon the expiry of the said period of 60 (sixty) days, such job applications shall be archived ("Archived Job Applications"). The potential employers shall not have access to the list of such Users or to the Archived Job Applications upon the expiry of 60 (sixty) days. The Users, however, may re-apply to a job post (if still active) after the expiry of 60 (sixty) days from the date such User made their first application to the same job post.

Users agree that they shall at all times be bound by and adhere to theCode of Conductwhile accessing the Jobers Platform and while using the Jobers Services.

 

03. Intellectual Property

The intellectual property rights ("Intellectual Property Rights") in all software underlying the Jobers Platform and the Jobers Services and material published on the Jobers Platform, including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations etc. is owned by Jobers, its affiliates, partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Jobers either in whole or in part without express written license from Jobers.

Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the Jobers Platform ("User's Content"). Each User represents and warrants that they own all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Jobers Platform, without written authorization from such third party. Users agree to indemnify and hold harmless Jobers, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Jobers Platform, by such User or through the User's commissions or omissions

Users hereby grant to Jobers and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User's Content for any of the following purposes:

  1. displaying User's Content on Jobers
  2. distributing User's Content, either electronically or via other media, to potential candidates, and/or
  3. storing User's Content in a remote database accessible by end users, for a charge.
  4. This license shall apply to the distribution and the storage of User's Content in any form, medium, or technology.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Jobers Platform belonging to any person (including a User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Jobers.

 

04. Third Party Sites, Services and Products

Links to other Internet sites or mobile applications owned and operated by third parties may be provided via the Jobers Platform. The User's use of each of those sites is subject to the conditions, if any, posted by those sites. Jobers does not exercise control over any Internet sites or mobile applications apart from the Jobers Platform and cannot be held responsible for any content residing in any third-party Internet site or mobile application. Jobers's inclusion of third-party content or links to third-party Internet sites or mobile applications is not an endorsement by Jobers of such third-party Internet site or mobile application.

A User's correspondence, transactions/offers or related activities with third parties including but not limited to potential employers, payment providers and verification service providers, are solely between the User and that third party. A User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The User agrees that Jobers will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

The Jobers Platform contains content that is created by Jobers as well as content provided by third parties (including potential candidates). Jobers does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Jobers Services provided on the Jobers Platform.

05. Privacy Policy

All information collected from Users, such as registration (including but not limited to email addresses, mobile phone numbers, government identity documentation) and payment information, is subject to Jobers' Privacy Policy which is available at Privacy Policy.

We do not share personal information of any individual with other companies/entities without obtaining permission. We may share all such information that we have in our possession in accordance with our Privacy Policy

Once the personal information has been shared with you, you shall, at all times, be responsible to secure such information.

You warrant and represent that you shall not disclose or transfer personal information shared by us to any sub-processors without ensuring that adequate and equivalent safeguards to the personal information.

You, hereby agree and acknowledge that you will use the information shared with you only for the purpose of availing the Services. You shall not use such information for any personal or other business purposes. In the event you are found to be misusing the information shared with you, we shall, at our sole discretion, delete your account with immediate effect and you will be blocked from using/ accessing Jobers Platform in future.

06. User Conduct

Users agree to abide by these Terms of Service and all other rules, regulations and terms of use of the Jobers Platform and Jobers Services. In the event User does not abide by these Terms of Service and all other rules, regulations and terms of use, Jobers may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

  1. restricting, suspending, or terminating any User's access to all or any part of the Jobers Platform and Jobers Services;
  2. deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Jobers subject to a processing fee (if any) applicable on such transfers as set out herein.

Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Jobers). Users further agree to update and keep updated their registration information and other information as may be required by Jobers.

A User shall not register or operate more than one User account with Jobers.

Users agree to ensure that they can receive all communication from Jobers either by email, SMS, Whatsapp or any other mode of communication from Jobers. Jobers shall not be held liable if any any communication sent to the User by Jobers remains unread by the User.

Any password issued by Jobers to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Jobers of any unauthorized use of their passwords or accounts or any other breach of security.

Users agree to exit/log-out of their accounts at the end of each session. Jobers shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.

Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the Jobers Services and/or Jobers experience or assist in such activity.

Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Jobers Platform or Jobers' Services.

Users agree that without Jobers's express written consent, they shall not modify or cause to be modified any files or software that are part of Jobers's Services or the Jobers Platform.

Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Jobers Platform or Jobers's Services (each a ""Server"""); or (2) the enjoyment of Jobers Services by any other User or person.

Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Jobers Services or any other person's use or enjoyment of Jobers Services.

Users shall not attempt to gain unauthorised access to User accounts, Servers or networks connected to the Jobers Platform or Jobers Services by any means other than the User interface provided by Jobers, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Jobers Platform or Jobers Services.

A User shall not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

Without limiting the foregoing, Users agree not to use Jobers for any of the following:

  1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
  2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
  3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Jobers, any software, hardware, or telecommunications equipment;
  5. To advertise, offer or sell any goods or services for any commercial purpose on Jobers including but not limited to multi-level marketing for a third party, promoting business of a third party, selling financial products such as loans, insurance, promoting demat account openings, without the express written consent of Jobers;
  6. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
  7. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. To restrict or inhibit any other User from using and enjoying any public area within our sites;
  9. To collect or store personal information about other Users;
  10. To collect or store information about potential candidates;
  11. To mine information relating to potential candidates with the aim of creating a database of potential candidates whether or not such database is used or meant to be used by the User or any third party associated with the User or to whom such User makes such mined information available, for either a commercial purpose of for the User's own use at a future date;
  12. To interfere with or disrupt the Jobers and/or the Jobers Platform, Jobers servers, or Jobers networks;
  13. To impersonate any person or entity, including, but not limited to, a representative of Jobers, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
  14. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Jobers or to manipulate User's presence on the Jobers Platform;
  15. To take any action that imposes an unreasonably or disproportionately large load on Jobers' infrastructure;
  16. To engage in any illegal activities.
  17. To engage in any action that 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 other nation.

If a User chooses a username that, in Jobers' considered opinion is obscene, indecent, abusive or that might subject Jobers to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Jobers reserves the right, without prior notice to the User, to restrict usage of such names, which in Jobers's opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Jobers, deny such User access to Jobers, or any combination of these options.

Unauthorized access to the Jobers Platform is a breach of these Terms of Service, and a violation of the law. Users agree not to access the Jobers Platform by any means other than through the interface that is provided by Jobers via the Jobers Platform for use in accessing the Jobers Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Jobers Platform, Jobers Services or any information available for access through the Jobers Platform or Jobers Services, except those automated means that Jobers has approved in advance and in writing.

Use of the Jobers Platform is subject to existing laws and legal processes. Nothing contained in these Terms of Service shall limit Jobers's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Jobers.

Persons below the age of eighteen (18) years are not allowed to register with the Jobers Platform. All persons interested in becoming Jobers Users might be required by Jobers to disclose their age at the time of getting access to the Jobers Platform. If a person declares a false age, Jobers shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their Jobers account, shall indemnify and hold Jobers, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Jobers its Directors, officers, employees, agents, affiliates by virtue of such false declaration being made. In case the person making the false declaration is below the age of 18 such person's legal guardians shall indemnify and hold Jobers, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Jobers its Directors, officers, employees, agents, affiliates by virtue of such false declaration having been made by said person.

Jobers may not be held responsible for any content contributed by Users on the Jobers Platform.

 

07. Eligibility

  • The Jobers Platform is open only to persons above the age of 18 years.
  • The Jobers Platform is open only to persons, currently residing in India.
  • Persons who wish to participate must have a valid email address and/or mobile phone number.
  • Jobers may on receipt of information bar a person from accessing their Jobers account if such person is found to be in violation of any part of these Terms of Service or theCode of Conduct.
  • Only those Users who have successfully registered on the Jobers Platform shall be eligible to Post view and/or apply for jobs via the Jobers Platform.

 

08. Dispute and Dispute Resolution

If any dispute arising out of, or in connection with, the Jobers Services provided by Jobers via the Jobers Platform, the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of the Job Poster(s) or Jobers, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the Job Poster(s) and Jobers ("Dispute"), the disputing parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.

If the parties are unable to amicably settle the Dispute as mentioned above, any party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Dispute shall be referred to and finally resolved by arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Applicable Rules, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Kolkata. The language of the arbitration shall be English. The law governing the arbitration agreement shall be Indian Law.

Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at Kolkata, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.

The arbitration award will be final and binding on the Parties.

09. Release and Limitations of Liability

Job Posters shall access the Jobers Services provided via the Jobers Platform voluntarily and at their own risk. Jobers shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by Job Posters or any other person or entity during the course of access to the Jobers Platform.

By accessing the Jobers Platform and Jobers Services provided therein, Job Posters hereby release from and agree to indemnify Jobers, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access of the Jobers Platform and the Jobers Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

Jobers accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the data/information collated and published on the Jobers Platform.

Job Posters shall be solely responsible for any consequences which may arise due to their access of Jobers Services by conducting an illegal act or due to non-conformity with these Terms of Service and other rules and regulations in relation to Jobers Services, including provision of incorrect personal details. Job Posters also undertake to indemnify Jobers and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Jobers on account of such act on the part of the Job Posters.

Job Posters shall indemnify, defend, and hold Jobers harmless from any third party/entity/organization claims arising from or related to such Job Poster's engagement with the Jobers Platform. In no event shall Jobers be liable to any Job Poster for acts or omissions arising out of or related to Job Poster's engagement with the Jobers Platform.

In consideration of Jobers allowing Job Posters to access the Jobers Platform, to the maximum extent permitted by law, the Job Posters waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Jobers, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Jobers Services.

10. Disclaimers

To the extent permitted under law, neither Jobers nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

To the extent permitted under law, neither Jobers nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

To the extent permitted under law, Jobers shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Jobers Services or sites.

Any material accessed, downloaded or otherwise obtained through the Jobers Platform is done at the Job Poster's discretion, competence, acceptance and risk, and the Job Poster will be solely responsible for any potential damage to Job Poster's computer system or loss of data that results from a Job Poster's download of any such material.

Jobers shall make best endeavours to ensure that the Jobers(s) is error-free and secure, however, neither Jobers nor any of its partners, licensors or associates makes any warranty that:

  1. the Jobers Platform will meet Job Posters' requirements,
  2. Jobers Platform will be uninterrupted, timely, secure, or error free
  3. the results that may be obtained from the use of Jobers Platform will be accurate or reliable; and
  4. the quality of any products, Jobers Services, information, or other material that Job Posters purchase or obtain through the Jobers Platform will meet Job Posters' expectations.

In case Jobers discovers any error, Jobers reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the Job Poster or deduction from the Job Poster's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Jobers agrees to notify the Job Poster of the error and of the exercise of the remedy(ies) to rectify the same.

To the extent permitted under law, neither Jobers nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.

Any Jobers Services being hosted or provided, or intended to be hosted on the Jobers platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Jobers Services are hosted or provided.

To the extent permitted under law, in the event of suspension or closure of any Jobers Services Job Posters shall not be entitled to make any demands, claims, of any nature whatsoever.

11. Paid Services

When you subscribe to our paid Services you agree to adhere to the additional terms specific to the Services ("Paid Services") that you are availing.

Your access to the Jobers Platform, your ability to post jobs and access candidate profiles shall be determined by the specific Paid Services that you avail of. Jobers reserves the right to change the nature and/or manner of delivery of the Paid Services at any time without liability to Jobers. Jobers also reserves the right to suspend or discontinue any Paid services or part(s) thereof, either temporarily or permanently, without the requirement for prior intimation or liability to Jobers.

By accepting these Terms and Conditions you specifically waive the right to make any claim against Jobers for non-delivery of the Paid Services after the date on which such Paid Services are suspended or discontinued.

Jobers shall, in its sole discretion, determine if any refunds are due and payable to you for any non-provision of the Paid Services. Any and all refunds shall only be made pro-rata to the usage of Paid Services; under no circumstances shall refunds be made for the full amount paid by you for the purchase of the Paid Services.

To access the Paid Services you must purchase a specific Paid Service. Paid Services currently being offered by Jobers are as under and shall be delivered as per the specific terms set out below -

Job Posts -

  1. For each Job Post that you wish to publish via the Jobers Platform, you shall pay a specified fee for each Job Post.
  2. The validity of the Job Post as well as the number of leads, i.e. the number of applications from candidates that you shall be eligible to receive per Job Post shall be determined on the basis of the amount payable for such Job Post.
  3. Jobers reserves the sole right to vary the validity of a Job Post and the number of leads that you are eligible to receive per Job Post.

Database Views -

  1. Against payment of a specified fee you shall be eligible to view the database of candidates' profiles (each a "Database View").
  2. The number of Database Views that you are eligible for shall be determined on the basis of the amount payable for such Job Post.
  3. Jobers reserves the sole right to vary the number of Database Views and the number of leads that you are eligible to receive per Job Post.

Period specific subscriptions -

  1. You shall be eligible to receive access to specified Job Posts and/or Database Views against the purchase of a subscription ("Subscription Plan"). via the Jobers Platform.
  2. You will have access to the Jobers Platform for the period defined in the Subscription Plan that you purchase.
  3. Every Subscription Plan shall be valid for a specified length of time ("Subscription Validity")
  4. Every Subscription Plan shall entitle you to a specified number of Job Posts, views and/or downloads of the database of candidates' profiles ("Database Views").
  5. If you exhaust the number of Job Posts or Database Views during the Subscription Validity, you may be required to pay an additional amount to put up more Job Posts or gain further Database Views, as the case may be. Jobers reserves the right to allow a top-up of the existing Subscription Plan or might require you to purchase an additional Subscription Plan. Such determination as to whether a top-up shall be allowed or if a fresh Subscription Plan is to be purchased shall be determined by the nature of your initial Subscription Plan as well as the Paid Services and Subscription Plan offered by Jobers at the time of such additional purchase.

Fair usage -

  1. Notwithstanding your specific Subscription Plan, Jobers reserves the right to limit the number of Job Posts and/or Database Views to, inter alia, ensure protection of Jobers' and candidates data as well as to maintain efficiency of the Jobers Platform.
  2. Jobers, further, reserves the right to remove a Job Post, reduce its visibility or restrict responses to a Job Post if, in Jobers' sole discretion, the Job Post has received a sufficient number of responses.
  3. Jobers reserves the right to limit Database Views if, in Jobers' sole discretion, Jobers is of the opinion that you have viewed or downloaded a sufficient number of candidate profiles either in relation to a specific Job Post or in relation to the overall Services being provided by Jobers and your usage of the Jobers Platform.

Jobers Credits and Jobers Coins -

  1. For certain Paid Services you might be required to purchase "Jobers Credits" or "Jobers Coins" representing the value of the Payment made by you. The number of Jobers Credits or Jobers Coins required to ustilise the Paid Services shall be communicated to you at the time of purchase of Jobers Credits or Jobers Coins and/or utilisation of the same for the specified Paid Service(s).
  2. Jobers Credits or Jobers Coins once purchased cannot be transferred to any other person.

Jobers reserves the right to reject any Job Post or information/data provided by you without assigning any reason either before uploading or after uploading the Job Post, but in such an eventuality, any amount so paid for, may be refunded to you on a pro-rata basis at the sole discretion of Jobers.
By posting/uploading a job posting on the Jobers Platform you confirm that you have obtained all licenses/permits as are necessary for recruitment and to indemnify Jobers against all claims, damages arising out of actions/claims that may be made in relation to the same.
Jobers offers no guarantee or warranties that you will receive responses that are satisfactory, related to your Job Post or any response at all once the Job Post is made live on the Jobers Platform. Jobers, further, does not guarantee that there will not be overlaps between the responses to a Job Post and Database Views, i.e. it is possible that your Database Views might reveal the same candidate profiles that are received as responses to your Job Post.
Jobers, might from time to time, partner with third parties to provide parts of the Paid Services. Such partnerships might include access to external databases or other services related to Jobers's Paid Services. Jobers makes no warranty or representation with regard to such third party services and shall have no liability in relation to the provision of such third party services by the relevant providers of the said third party services.
Jobers shall in no way be held liable for any information received by you and it shall be your sole responsibility to check, authenticate and verify the information/response received at your own cost and expense.
The Paid Services shall commence only upon receipt of the payment towards the Subscription Plan, either from you directly or any third party acting on your behalf and authorized, in writing, to so act on your behalf.
Jobers may require you to provide an undertaking that the Job Posts relate to genuine jobs and that you have the authority to make such Job Posts. You further undertake to not require any form of financial commitment or payment in kind from candidates who are interested in and applying for/replying to the Job Posts made by you on the Jobers Platform.
Your Subscription Plan is neither re-saleable nor transferable to any other person, corporate body, firm or individual.
You do not have any copyright or other Intellectual Property Right over the data uploaded via a Job Post to the Jobers Platform.
All disputes arising out of your use of the Paid Services and the Subscription Plan shall be resolved in accordance with the laws of India as applicable.
Your account on the Jobers Platform shall be determined according to the manner in which you are accessing the Paid Services.

If you wish to access the Paid Services as an individual, you shall be required to create an account on the Jobers Platform and either purchase a Subscription Plan, Jobers Credits or Jobers Coins depending on the particular Paid Service that you wish to avail. If you are purchasing Jobers Credits or Jobers Coins, the same shall not be transferable to any other person and shall be for your exclusive use.
If you wish to access the Paid Services as an organization, you shall create an Enterprise Account on the Jobers Platform ("Enterprise Account") to enable your employees, agents or representatives to access, interact with and avail of the Services through the Enterprise Account Account for you. You may also specify certain employees, agents or representatives ("Designated Users") who shall create individual accounts ("Designated User Accounts") to avail the Services for and on behalf of you.
Upon receipt of payment for a Subscription Plan from you, Jobers will credit the Enterprise Account with the requisite number of credits that pertain to your specific Subscription Plan. The number of credits required for Job Post(s) and Database Views will be communicated to you by Jobers from time to time. Jobers reserves the right to make changes to the number of credits required to either post a job or view the database. Jobers further reserves the right to have differential credit requirements of the number of credits required for different types of Job Posts and/or Database Views.
If Designated Users have previously purchased Jobers Credits or Jobers Coins in their individual capacity, on their addition to the Enterprise Account as Designated Users, all Jobers Credits or Jobers Coins held by them will be transferred to the Enterprise Account. You shall ensure that necessary reimbursements, if required, and consent is obtained by you from the said Designated User(s) for their addition to the Enterprise Account and transfer of their Jobers Credits or Jobers Coins to the Enterprise Account. You agree to indemnify and to hold Jobers harmless from any claims made by a Designated User in relation to their addition to an Enterprise Account and the transfer of their Jobers Coins or Jobers Coins to the Enterprise Account.
Purchase of Jobers Credits or Jobers Coins may be made either by the administrator of an Enterprise Account or Designate Users. All invoices shall be raised by Jobers on the Enterprise Account, i.e. the invoices will be in the name of the organization for which the Enterprise Account has been activated.
Upon receipt of Payment from you, Jobers will credit the Enterprise Account or the Designated User Accounts with 'Jobers Credits' representing the value of the Payment made by you for a specific category of Services. The Jobers Credits can only be utilized for the specific category of Services.
It shall be your sole responsibility to utilize Jobers Credits or Jobers Coins only for those Job Categories in which and geographic areas where the Paid Services are meant to be availed. If you or the Designated Users unintentionally or mistakenly publish Paid Job Posts on the Jobers Platform for Job Categories or geographic areas where the Paid Services are unavailable Jobers shall have no liability, whatsoever, to refund Jobers Credits or Jobers Coins that are deducted from your Enterprise Account towards such Paid Job Post(s).
The validity period of a Paid Job Post will depend on the number of Jobers Credits or Jobers Coins utilized to make the Paid Job Post. The validity period shall be from the date of publishing the Paid Job Post on the Jobers Platform.
No refunds for any purpose other than Jobers's inability to provide the Services and/or non-provision of Services shall be made once Jobers credits or Jobers Coins are issued for any of the specific category of Services. If Jobers is unable to provide the Services, or due to non-provision of the Services, refunds shall be made pro-rata to the usage of the unused Jobers Credits or Jobers Coins. For avoidance of doubt, with respect to Jobers Credits, refund shall be made pro-rata to the usage of the unused Jobers Credits only for the specific category of Services for which such Jobers Credits were issued. It is hereby clarified that no refunds shall be made vis-a-vis Jobers Credits or Jobers Coins already exhausted by you.
All Jobers Credits or Jobers Coins issued for each category of Services against any Payments made by the you shall be valid upto a maximum period of 360 (three hundred and sixty) days from the date of the Payment. Jobers Credits shall lapse if not utilized within 360 (three hundred and sixty) days from the date of Payment and no refunds shall be made for such unutilized Jobers Credits or Jobers Coins that lapse. Jobers may, at its sole discretion, issue Jobers Credits or Jobers Coins to you for a specific category of Services, at any time during the Term of this Agreement.
Prior to any Designated User being allowed to use the Jobers Platform you agree that you will register each Designated User with the Jobers Platform. Jobers may require you to share documentation evidencing the Designated User's affiliation with the Client, including but not limited to employee identity card, PAN etc. You represent and warrant that you have the right, authority and have obtained requisite consent from the respective Designated User(s) to share the above mentioned information with Jobers.
Subject to the Paid Services and/or Subscription Plan availed of by you, a Designated User might be required to download the Jobers mobile application ("Jobers App"). If a Designated User is required to download the Jobers App and avail the Services via the Jobers App such Designated User may be required to enter personal data and shall be required to verify the mobile number provided during the registration process. You will ensure that the personal data and mobile number provided by the Designated User is accurate.
Jobers shall ensure that any personal data entered by an Authorized User is kept confidential at all times.
You acknowledge that certain Designated Users may be suspended or banned from use of the Jobers Platform due to future or past violations of the Jobers Terms and Conditions and Privacy Policy, and that Jobers shall have no obligation or liability related to an Designated User that is unable to obtain or maintain to access and utilize the Services.
If Designated Users have previously purchased a Subscription Plan in their individual capacity, on their addition to the Enterprise Account as a Designated Users, their individual Subscription Plan may, at Jobers's sole discretion, be merged into your Subscription Plan. You shall ensure that necessary reimbursements, if required, and consent is obtained by you from the said Designated User(s) for their addition to the Enterprise Account and transfer of their Jobers Coins to the Enterprise Account. You agree to indemnify and to hold Jobers harmless from any claims made by a Designated User in relation to their addition to an Enterprise Account and the transfer of their Subscription Plan to the Enterprise Account.
Purchase of Subscription Plan may be made either by the administrator of an Enterprise Account or Designated Users. All invoices shall be raised by Jobers on the Enterprise Account, i.e. the invoices will be in the name of the organization for which the Enterprise Account has been activated.
Jobers reserves the right to restrict the number of Job Posts per Enterprise Account. The determination of whether or not to restrict the number of Job Posts shall be at Jobers's sole discretion.