Terms and Conditions
Terms and Conditions of Use of the Platform
Introduction
We maintain and operate a platform i.e. https://www.goodworker.in/ (including mobile application) (collectively referred to as “Platform”). The Platform only serves as a preliminary medium of contact and exchange of information between the employer, their representatives and the workers or job seekers. These terms and conditions (“Terms”) govern the use of or access to the Platform and availing other services provided by GoodWorker to the users.
For the purpose of these Terms, wherever the context so requires, the term "User" or “you” or “your”, shall mean the person who visits, uses or registers on the Platform including the workers, job seekers, employers and the representatives of the employers seeking to employ, hire or engage workers through the Platform as the case may be. These Terms constitute a binding and enforceable legal contract between GoodWorker and a User. These Terms also include our privacy policy, available at https://www.goodworker.in/privacy-policy.html and any other supplementary terms, amendments, policies, or disclaimers made available or issued by us from time to time. The Terms shall be read in conjunction with the privacy policy adopted by GoodWorker.
By continuing to browse, access or use the Platform or any service on the Platform, you signify your acceptance to be bound by these Terms. Please read these Terms carefully and if you do not agree to all of these Terms or comply with the requirements contained herein, please do not access the Platform or use our services.
These Terms are contained in 3 (three) parts:
(a) Part A, is applicable to all the Users i.e. both the job seekers and employers;
(b) Part B, is only applicable to the employers and the representatives of the employers; and
(c) Part C, is only applicable to the workers or the job seekers.
Part A
(Terms applicable to all the Users i.e. both the job seekers and employers)
1. Eligibility
Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. We reserve the right to revoke your registration and / or refuse to provide you access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years or otherwise incompetent to contract. You represent and warrant that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by these Terms. Persons using the Platform on behalf of corporate entities (i.e. companies etc.) represent and warrant to GoodWorker they have the right, capacity and the authority to use the Platform on behalf of such corporate entities.
2. Account and Registration Obligations
The User shall be solely responsible for maintaining confidentiality of the password and identity of the User and all connected activities performed by the User using the User’s account. Whilst using the Platform an obligation is cast upon you to only provide true and correct information from registering your profile on the Platform till the time your registration is maintained with the Platform, you undertake to at all times keep the information up to date. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms, we shall have the right to indefinitely suspend or terminate or block access of such User’s account on the Platform and refuse to provide the access to the Platform. GoodWorker will not be liable on account of any inaccuracy of information on the Platform.
3. Use of Platform
A User may use the content available on the Platform solely for personal non-commercial use. Your use of the Platform is also subject to our account deactivation policy and community guidelines. The User further undertakes that whilst using the Platform the User shall not:
(i) use the Platform to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any information in violation of any applicable law or regulations or is misleading of deceiving in any way;
(ii) shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
(iii) infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so;
(iv) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(v) impersonate as another person;
(vi) resale the services offered to the User through the Platform;
(vii) use the Platform to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail;
(viii) spam the Platform or indiscriminately and repeatedly post jobs/forward mail indiscriminately etc;
(ix) impose an unreasonable or disproportionately large load on the Platform;
(x) gain unauthorized access or exceeds the scope of authorized access to the Platform;
(xi) involve in an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Platform or any related technology or any part thereof;
(xii) engage in framing, mirroring, or otherwise simulating the appearance or function of the Platform;
(xiii) attempt to probe, scan or test the vulnerability of a system or network;
(xiv) use automated or manual means to crawl and/or scrape content from the Platform;
(xv) attempt or breach security or authentication measures without proper authorization;
(xvi) provide deeplinks into the Platform without prior permission of GoodWorker;
(xvii) make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish or dilute the image or reputation of GoodWorker, Platform, trademark or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us; and
(xviii) not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
4. User Content
By posting the job contents, information, biodata or any other information on the Platform, you automatically grant, and represent and warrant that you have the right to grant to GoodWorker and its affiliates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such content and information and to prepare derivative works of, or incorporate into other works and to grant and authorize sublicenses thereof.
5. Communications
When you use the Platform or send emails or message us or provide other data, information or communication to us, you agree and understand that you are communicating with us through electronic means and you consent to receive communications through electronic means from us periodically and as and when required. We may communicate with you by email, WhatsApp or by such other mode of communication, electronic or otherwise.
6. External links and other content
The Platform may contain links to other sites which are owned and/or operated by third-party vendors and other third parties. You acknowledge that we are not responsible or liable for any such third parties or for the availability of, or the materials located on or through any external sites. These links are provided solely as convenience to you and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same and if you chose to access these websites or avail the services of other websites, you do so at your own risk.
7. Disclaimer of Liability
GoodWorker will make best efforts to do so but does not warrant that any of the Platform or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. GoodWorker does not warrant that the Platform will be constantly available, or available at all or the information on the Platform is complete, true, accurate. The Platform and all the materials and information (including but not limited to software) and services, made available to the User through the Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied. GoodWorker and its affiliates, and its and their third-party licensors, expressly disclaim to the fullest extent permitted by law all warranties, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability, fitness for a particular purpose, completeness, usefulness or non-infringement of proprietary rights.
GoodWorker further disclaims all liability for any technical malfunction of the Platform, including but not limited to failure of any service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, as a result of technical problems or traffic congestion on the internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any information in connection with the Platform. The User understands and agree that you download or otherwise obtain material or data through the use of the Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.
8. Limitation of Liability
Under no circumstances shall GoodWorker or its affiliates, or its or their third-party service providers or licensors (“GoodWorker Entities”), be liable to any user on account of that User’s use or misuse of or reliance on the Platform. In no event, shall GoodWorker Entities be, severally or jointly, held liable for any special, incidental, indirect, consequential damages, exemplary or punitive damages of any kind in connection with these Terms whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if the User has been informed in advance of the possibility of such damages.
9. Indemnity
The User shall indemnify and hold harmless GoodWorker, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any allegations, claim or demand, damage, liability, loss, obligation, cost, expense or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your usage of the Platform, breach of these Terms, privacy policy and other policies, information provided by you or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
10. Trademark, Copyright and Restriction
The Platform is controlled and operated by GoodWorker. All material and information on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any material and information on Platform is solely for use in accordance with these Terms and the privacy policy. You must not without the prior written of GoodWorker, copy, reproduce, modify, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
11. Termination / Suspension of registration of User
Users shall be required to comply with the Terms hereof, failing which, GoodWorker reserves the right to suspend, terminate any User or block access to or limit the usage of the Platform. Without prejudice to the above, GoodWorker may also suspend, terminate any User or block access to or limit the usage of the Platform if the conduct of any User is not in the best interest of other User or GoodWorker or for any reason whatsoever in the sole and absolute discretion of GoodWorker.
12. Compliance with Law
The User shall comply with all the applicable laws applicable to them respectively for using the Platform and the payment facility on the Platform.
13. Applicable Law
These Terms shall be governed by the laws of India
14. Dispute Resolution
If any dispute arises between a User and GoodWorker arising out of use of Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by GoodWorker. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai, India. The Arbitration and Conciliation Act, 1996 as amended, shall govern the arbitration proceedings. Subject to the aforesaid, the exclusive forum for any disputes arising out of or relating to these Terms shall be a court of law located in Mumbai, India.
15. Modification
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to the User. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform.
16. Assignment
The User shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the prior written consent of GoodWorker. GoodWorker may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. GoodWorker may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Platform without any prior notice to you.
17. Contact
All notices, requests, demands, and determinations for GoodWorker under these Terms (other than routine operational communications) shall be sent to info@goodworker.in.
18. Term and Termination
These Terms will remain in full force and effect while you are a User of the Platform at any level. GoodWorker reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User account/registration from the Platform and immediate termination of your registration with or ability to access the Platform and/or any other services provided to you by GoodWorker, upon any breach by you of the Terms or if GoodWorker is unable to verify or authenticate any information submit by you on the Platform.
Part- B
(Terms which are only applicable to the employers and the representatives of the employers)
For purposes of this Part B of these Terms, all references to “you” or “your” shall mean the employers and the representatives of the employers.
1. Job Posting
You are solely responsible for the details of the job opportunities and requirements provided to us. The information provided to us by you (including details pertaining to the name, contact details, service industry of the employer and the job opportunities) should not be misleading, deceiving, inaccurate or false and should not contain the names, logos or trademarks of unaffiliated companies. The details of job opportunities provided to us should properly give the description of the job including information pertaining to description of work, salary, location, qualification of job seeker, past experiences etc. You will not raise any job requirement with us which in any manner is not permitted under the applicable law. Whilst accessing the Platform or using any information you shall:
(i) comply with all applicable data protection laws while processing or using of personal data;
(ii) implement adequate technical and organizational controls to protect the shared personal data obtained from GoodWorker against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
(iii) not disclose or transfer personal data or information including the sensitive personal data and information obtained to any sub-processors or third party without the consent of GoodWorker; and
(iv) retain or process shared personal data including the sensitive personal data and information for no longer than is necessary to carry out the agreed purposes.
GoodWorker reserves the right to not acknowledge any job opportunity, which in the reasonable exercise of GoodWorker’s discretion, does not comply with these Terms, deactivation policy or the community guidelines or if GoodWorker believes is not in the best interest of GoodWorker. If at any time during your use of our services, you made a misrepresentation of fact to GoodWorker or otherwise misled GoodWorker in regard to the nature of your business activities, GoodWorker will have the right to terminate your services. Please note that we will, at our discretion, share the job posting made by you with the workers that we think will fit and will be best suited for the job description. However, we may from time to time, seek further information / clarification from you for better understanding of your job opportunities and identifying the best suited candidate for such job opportunity.
2. Information sharing and interview process
GoodWorker will share the details of the workers who in our opinion are fit, qualified and best suited for the job and are also interested in the job. You shall use the information of the worker shared by GoodWorker in accordance with these Terms. You shall use the information in accordance with all applicable privacy and data protection laws and agree that you shall not further disclose any of the data from GoodWorker’s database to any third party. The information of the worker shall not be used for any purpose other than for employing, engaging, recruiting or hiring appropriate worker or job seeker.
If the profile of any particular worker suits your requirement, you may independently contact such workers for further assessment. However, you shall keep GoodWorker informed about all the developments in the assessment process including your decision about hiring or not hiring a particular worker. Please note that GoodWorker shall not in any way be responsible for any employment decisions, for whatever reason, made by you pursuant to posting the job opportunities on the Platform. Further, once the worker is onboard with you, GoodWorker shall in no way be responsible for the work done by the worker or other aspects relating to the employment of such worker with you. However, GoodWorker may, at its sole discretion, provide a replacement of any worker to an employer on premature or abrupt termination of employment of such worker subject to availability of a suitable worker.
3. Information regarding prior termination of worker
You shall confirm the details of the job offered by you to a worker through the Platform including the date of joining, last date of employment, job description, salary details, etc. Further, you shall be under an obligation to inform GoodWorker, when a worker hired through the Platform leaves the employment prior to the scheduled last date of employment (along with the reasons thereof).
4. Payment for services
GoodWorker reserves the right to charge fee for the services offered by us through the Platform and non-payment may result in denial of usage of the Platform. The fee will be paid as per the agreed pricing structure between the parties. The fee shall be paid in advance or within such time period mutually agreed between the parties and on such other agreed terms and conditions. All payments made by you shall be in Indian Rupees. Refund, if any will be at the sole discretion of GoodWorker. GoodWorker offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card/bank accounts. GoodWorker gives no guarantee of server uptime or applications working properly, which is on a best effort basis and liability is limited to refund of fee amount only.
GoodWorker shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning your account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
5. Experience Letter
Upon successful completion of employment of a worker with you, hired through the Platform, you may provide an experience letter to the worker or grant permission to GoodWorker to issue the suitable letter to the worker.
Part- C
(Terms which are only applicable to the workers or the job seekers)
For purposes of this Part C of the Terms, all references to “you” or “your” shall mean the concerned worker or the job seeker.
1. Information
The information submitted by you should be accurate and true. You will submit the information in the form and manner requested by us. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any biodata or other information placed by you on the Platform. Please note that the job opportunities will be shared with you only upon the verification of your identity, by our third party information verifier. Whilst registering on the Platform or providing the biodata and information to us, you agree that:
(i) your data including the contact information will be shared with the employer or its representative;
(ii) we provide no guarantee or warranty that there would be a satisfactory response or any response at all once the biodata or information is placed by you on the Platform;
(iii) we do not provide any guarantees or offer any warranty about the credentials or otherwise status of the prospective employer or its representative which downloads your biodata or information from the Platform;
(iv) we would not be held liable for loss of any data technical or otherwise, or of the biodata or other information for any reasons beyond our control like corruption of data or delay or failure to perform, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities etc;
(v) we reserve the right to reject and delete any biodata or information placed by you on the Platform without assigning any reason;
(vi) we will not be responsible for the content of the employer's application form, messages, screening questions, testing assessments, etc.; and
(vii) we will in no way be responsible for the actions of the employer in relation to any employment related aspects, either prior or after you are engaged or employed with the employer.
2. Verification
We may verify the information and documents provided by you (whether by ourselves or through a third party service provider) including your identity proof and previous employment details such as name of previous employers, total experience, roles and responsibilities, date of joining, date of termination of employment etc. By providing us your information and documents, you consent to the abovementioned verification of your information and sharing the same with a third party service provider. In case, during the verification conducted by us, it is observed that, any information submitted by you is incorrect, we may, at our sole discretion, terminate / suspend your registration from the Platform or take any other action as may be deemed necessary. Therefore, you are requested to provide the true and accurate copy of identity proof (with all the correct details) and details of the employment. Please note that the job opportunities will be shared with you only upon the verification of your identity.
3. Biodata and recommended jobs
We will identify the job opportunities that in our opinion match with your credentials and we will present such job opportunities to you for your interest. Please note that this shall in no manner be considered as a job offer, nor do we guarantee that the employer will be interested in interviewing or screening you. Upon confirmation provided by you we will share your information and biodata with the employer against such job opportunities that GoodWorker believes may have an interest in your profile. We may determine the recommended jobs on the basis of a variety of factors, including but not limited to, any information you input on the Platform about yourself.
Pursuant to sharing of your information with the employer, if you are selected by any employer then we will notify you about the same. Please note that your assessment process with a particular employer will be undertaken solely by the employer and GoodWorker shall have no role and / or responsibility in such assessment. However, you are under an obligation to keep GoodWorker informed about all the developments in the interview process. If you receive the job offer from an employer, you shall also provide us about the details of such offer (including period of employment, salary etc.). If your employment is terminated prior to the scheduled date of termination, you shall inform us about such termination along with the reasons of termination thereof.
4. Usage of the biodata
You can use the biodata maintained with GoodWorker beyond the Platform. In case, you wish not to avail our services, you may also remove your biodata from the Platform.