Instahyre Terms of Service

General Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and 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 user agreement for access or usage of Instahyre.com.

1. Introduction

1.1 Instahyre.com (“Website”) is an online portal/service to post and search employment opportunities and user profiles/resumes, operated and managed by Blob Infotech Private Limited (hereinafter referred to as “Company” or “We” or “Us”).

1.2 “You” or “User” (wherever the context so requires) shall mean any natural or juridical person, who uses the Website, including but not limited to any person who has provided data, and shall include a user who has registered on the Website as a member.

1.3 By using or visiting the Website, you agree and shall be deemed to have agreed and accepted and shall be bound by the terms and conditions of use of the Website as hereinafter contained (“Terms”), which is, for an indefinite period. These Terms include our “Privacy Policy” and Employer Terms (applicable to Employers), which are incorporated herein by its reference. By using the Website and becoming a member you hereby agree to accept and be bound by these Terms.

1.4 If you have any queries about the Terms or have any comments or complaints on or about the Website, please email us at info@instahyre.com. We reserve the right to change, amend, vary or modify the Terms or any part thereof, from time to time, without prior notice or any obligation to inform you and it is your responsibility to regularly check for any changes, modifications or amendments, from time to time. You can access the latest version of the Terms at any given time on the Website. In the event the Terms (or any modified version thereof) are not acceptable to you, you are advised not to obtain access to or otherwise use the Website. However, if you continue to use the service/Website you shall be deemed to have agreed to accept and abide by the Terms. These Terms shall always supersede any other understanding whether oral or written.

1.5 Please read this page carefully. If you do not accept the Terms stated herein, do not use the Website and its services. By using the Website you are indicating your acceptance to be bound by the provisions of these Terms.

1.6 In case of breach of these Terms, we may in our sole discretion, restrict or terminate your membership or your ability to access the Website and shall also remove your User Content, without prejudice to any of our rights to take any other action against you.

2. Terms of Use:

2.1 Eligibility: Only persons eligible to enter into legally binding contracts under applicable law are eligible to use this Website. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 (as may be amended from time to time) including but not limited to persons of unsound mind, minors or un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to refuse membership or terminate your membership or to refuse to provide you access to the Website or delivery of any services(s), at our sole discretion without assigning any reason whatsoever, in case you are ineligible. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. By visiting the Website you represent and warrant that you are eligible to use the Website and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms.

2.2 Use of the Website/Services: The Website may be used by individuals seeking employment and/or career information and by employers seeking employees. In case you are an employer, by using the Website, in addition to the Terms you also agree to the terms of our “Employer Contract” containing terms and conditions under which services shall be provided to you.

2.3 Restrictions: Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

You shall not use the Website in order to:

  1. gain any unauthorised access to other computer / network systems;
  2. interfere with any other person's use or enjoyment of the Website;
  3. interfere or disrupt networks or websites connected to the Website;
  4. transmit any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
  5. harm any other person;
  6. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult any other nation;
  7. intentionally submit on the Website any incomplete, false or inaccurate information;
  8. make any unsolicited communications to other users of the Website;
  9. post any profile/resume or apply for any job on behalf of another party;
  10. sell or promote any products or services; or
  11. host, disseminate, display, upload, publish, transmit, distribute, share, or store any material which:

    1. is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
    2. encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
    3. infringes any intellectual property or proprietary rights of others;
    4. belongs to another person;
    5. is harmful, harassing, defamatory, obscene, pornographic, threatening, abusive, offensive or hateful or racially, ethnically objectionable or otherwise unlawful in any manner whatsoever;
    6. displays or links to pornographic, indecent or sexually explicit material of any kind;
    7. deceives or misleads or impersonates another person or entity.

You shall also not:

  1. solicit personally identifiable information from other users;
  2. post any jobs for any competitor or content that contain any hyperlinks, email addresses, "hidden" keywords;
  3. post or submit to any incomplete, false or inaccurate biographical information or information which is not your own;
  4. send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;
  5. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website;
  6. insert any of the personal URL, weblink, e-mail address etc. while posting any job.

2.4 Our Content: The contents of the Website such as designs, text, graphics, images, video, information, logos, software, audio files etc. ("Content"), are proprietary to us and protected under copyright, trademark and other applicable laws. We expressly reserve all intellectual property rights in the entire Content on the Website including but not limited to all text, programs, products, processes, technology, images, illustrations, designs, icons, photographs, music or video clips, written and other materials, which appear on the Website. Information displayed or transmitted on the Website is protected by Indian and other copyright and intellectual property laws and is either owned by us and/or our licensors. This site is designed, updated and maintained by us and/or our licensors.

Access to this Website does not confer and shall not be considered as conferring upon anyone, any license under any of our or any third party's intellectual property rights. You shall not copy, store, modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way exploit any of the content available on the Website either in whole or in part. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than strictly for your own personal non-commercial use is strictly prohibited without our prior express permission. You may not modify, distribute or re-post anything on this Website for any purpose. As a user of the Website, we however authorize you, subject to these Terms, to download and print a single copy of the Content from the Website solely for your personal, non-commercial use.

Our names and logos and all related product and service names, design marks and slogans are our trademarks or service marks and our property and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark, which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

2.5 Registration Information: When you register on the Website, you will be asked for certain information including, without limitation your name, address, contract details, email address etc. and a user name and password to gain access to the Website ("Information"). You shall be responsible for maintaining the confidentiality of your User Name, Password and other access information and for all activities that occur under your User Name. You agree to immediately notify us of any unauthorized use of your account.

You agree that if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect that information provided by you is untrue, inaccurate or incomplete, and/or use of the Website is not in accordance with the Terms, we shall have and reserve the right to limit your activity or immediately temporarily/indefinitely suspend or terminate or block your membership and/or block access to the Website and also refuse to provide any products or services to you, at our sole discretion.

You understand and agree that we may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration, as described in terms of the Privacy Policy. However, we shall not disclose to any third party your address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or for the purposes of rendering services through the Site.

2.6 Your Content: You are solely responsible for your account information, content, messages or other information ("User Content") that you submit, publish or display on the Website or transmit to others. By posting User Content you grant to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, communicate and distribute such User Content and to prepare derivative works of, or incorporate into other works (in any form, media, or technology) such User Content, and to grant and authorize sublicenses thereof.

2.7 Additional terms applicable to employees: Any profile/resume you submit must be accurate. Please do not provide any telephone numbers, street addresses, email addresses or other means of contacting you in the profile/resume, other than as required while taking a membership of the Website. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile/resume or material contained therein. You understand and acknowledge that when you account is terminated (including due to prolonged inactivity) all your account information will be deleted from our databases.

2.8 Accuracy of content and disclaimer: You acknowledge and agree that we act as a passive conduit for online distribution and publication of User Content and are neither obliged nor responsible to screen or monitor any User Content. However, we may at our sole discretion review and delete any User Content that, in our sole judgment violates these Terms.

We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users or quality, safety or legality of the jobs or profiles/resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You acknowledge that any reliance on material posted by other Users will be at your own risk. We will not be responsible for any errors or omissions or misrepresentation of any information in User Content. The Website provides services without any warranties or guarantees.

Employers are solely responsible for their postings on the Website. We are not an employer and shall not be responsible for any employment decisions.

We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment as a result of access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

We hereby expressly disclaim to the fullest extent possible under law, all warranties and representations or conditions whether express or implied (including without limitation, warranties or conditions in relation to accuracy, reliability, completeness of any content, information, software, text, graphics, links or communications provided on or through the Website) or that the operation of the Website will be error free and/or uninterrupted or as per your expectations. The use of the Website is at your own risk. We shall not be held liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this Website.

You hereby release us (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

We reserve the right to remove any job posting or content from the Website, which in the reasonable in our discretion, does not comply with the above Terms, or if any content is posted that we believes is not in our best interest.

2.9 Indemnity: You agree to defend, indemnify and hold us (our employees, directors, officers, agents and their successors and assigns) harmless, from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions by using the Website or due to your breach of any of your representations, information or undertakings or the Terms or in relation to non-fulfillment of any of your obligations or arising out of your violation or breach of any applicable laws, rules or regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers etc.

2.10 Limitation of Liability: Without prejudice and notwithstanding anything contained herein, our total liability to you for all liabilities (for one or more incidents) arising out of use of the Website be it in tort or contract or otherwise shall be limited to the amount charged from you and in no event shall we be liable for any indirect, incidental, special, consequential or exemplary loss or damage, including but not limited to loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with use of the Website or its services.

2.11 Communication: When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you primarily by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address on the Website or request our call back, you also consent to receive all communications (including via messages) on that number for communication.

2.12 Reservation: We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

2.13 Feedback, user comments and user generated content: All feedback, reviews, comments, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we shall own exclusively, all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will (1) not violate these Terms/ policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and (2) will not cause any mental injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. In such cases the Comments shall continue to be yours and we shall take no responsibility for the same. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you further agree to indemnify us, and our affiliates for all claims resulting from any Comments you submit. We as well as our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

2.14 Governing Law and Dispute Resolution: All contractual obligations between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi only. All disputes (if not resolved within a period of 15 days) will be subject to arbitration in New Delhi to be conducted in English in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by us. Each party to arbitration shall bear its own cost. The arbitral award shall be final and binding on the parties.

2.15 Entire Agreement: Unless otherwise specified herein, these terms and conditions or Terms constitute the entire agreement between you and us with respect to the Websites/services and shall supersedes all contemporaneous communications and/or proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, the same shall be amended or modified appropriately to make the same valid and enforceable while keeping in view the intent of the contracting parties. The remainder of the Terms shall however continue to be in effect. Our failure to act with respect to a breach by you shall not constitute a waiver of our right to seek remedy and act for any other subsequent or similar breaches.

2.16 Notices: Except as explicitly stated otherwise, all notices shall be given to us by postal mail at Plot No. 284/2, 1st Floor, Lane No. 3, Westend Marg, Saidulajab, Saket, New Delhi – 110030. We may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you during the registration process or through email on email address provided by you. Notice shall be deemed given within 7 (seven) days it is posted and within 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

2.17 Term and Termination: These Terms will remain in full force and effect while you are a user of the Website.

These “Terms” and “Privacy Policy” constitute a binding agreement between You and Us, and is accepted by You upon your use of the Website.


Employer Terms

In addition to the General Terms and Conditions, in case you as an Employer, you shall be deemed to have agreed and accepted and shall be bound by the terms and conditions of this Employer Terms.

1. Fees and disbursements:

1.1 In case a Candidate is hired through Instahyre, the Employer will pay us a Fee that will be an agreed upon percentage of the aggregate ‘cost to company or CTC’ of the Candidate per annum (which shall include all fixed components of salary of the candidate, allowances, perks etc. under whatever head but shall exclude variable components, joining bonus and stock options). Fee shall be exclusive of all taxes, cess, levies (including service tax) but shall be subject to withholding taxes.

1.2 Instahyre shall raise an invoice upon joining of the Candidate with the Employer. Employer undertakes that immediately (in any event not later than 10 (ten) days) upon the Candidate joining the Employer or issue of an engagement/appointment letter by the Employer, whichever is earlier, it shall intimate Instahyre. Employer shall also provide a copy of the engagement/appointment letter issued by the Employer to the Candidate in case so requested by Instahyre.

1.3 Fee shall be paid within a period of 30 (thirty) days from the date of invoice raised by Instahyre. Delay in payment of Fee and outgoings shall attract interest @2.5% per month until the entire amount due and payable to Instahyre together with interest thereon stands completely paid by the Employer.

1.4 If Instahyre and the Employer have agreed on a subscription based plan, we will charge a Fee as agreed with the Employer. Such Fee will be paid in advance and is non-refundable. Fee shall be exclusive of all taxes, cess, levies (including service tax) but shall be subject to withholding taxes.

2. Refund provisions:

2.1 Instahyre shall offer a 100% refund of the Fee paid by the Employer, in the event the Candidate leaves (other than for reasons due to change in employment terms) within a period of 30 (thirty) days of date of joining the Employer or issue of an engagement/appointment letter by the Employer, whichever is earlier.

2.2 Employer shall intimate Instahyre of such resignation/leaving by the Candidate within a period of 7 (seaven) days, failing which Instahyre shall not be liable for any refund.

3. Validity of Referral:

3.1 It is agreed and understood that Candidates referred to the Employer by Instahyre may appear on other job portals, websites etc. However, due credit shall be given and Fee shall become due and payable to Instahyre on referral of such Candidate by Instahyre to the Employer. Provided however, in the event any candidate selected by the Employer is sent/referred by Instahyre and one or more other consultant/associate of the Employer, the benefit arising out of hiring of the candidate will be given to Instahyre if Instahyre was first to send the resume of such Candidate to the Employer. In case of duplicity of resume, Employer shall intimate Instahyre within 7 (seven) days of receiving the resume, failing which Instahyre shall be credited for the Candidate’s hire.

3.2 Fee shall be payable in the event any Candidate is hired or rejoins the Employer after being removed, within a period of 6 (six) months from the date the Candidate was first referred to by Instahyre to the Employer.

4. Use of Profile/Resume Database:

4.1 Employer shall use our database in accordance with all applicable privacy and data protection laws including the Privacy Policy. Employer shall take appropriate physical, technical, and administrative measures to protect the data from loss, misuse, unauthorized access, disclosure, alteration or destruction.

4.2 Employer shall not:

  1. further disclose any of the data from such database to any third party, without our prior written approval;
  2. use the database for any purpose other than as an employer seeking employees;
  3. use the database to make unsolicited phone calls or faxes or send unsolicited email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
  4. source candidates or resume holders in regards to career fairs and business opportunities.