Instahyre Terms of Use

With effect from: January 1, 2023

This is a legal agreement between you (the person accessing, viewing, using or accessing the website, and later referred to as You, or User as per the context) and Blob Infotech Private Limited, a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Flat No. 2C, 2nd Floor, Urvashi Apartments, 3, Hungerford Street, Kolkata - 700017 and head office at Plot No. 284/2, 1st Floor, Lane No. 3, Westend Marg, Saidulajab, New Delhi, Delhi 110030 (Instahyre).

Please read these terms of use carefully before using the Services (as defined below) offered by Instahyre. These terms of use set forth the legally binding terms and conditions for your use of https://www.instahyre.com/ (the Platform) and the services, features, content or widgets available through the Platform (collectively Service).

  1. Acceptance of Terms


    By registering for and/or using the Service in any manner, You agree to all of the terms and conditions contained herein (Terms of Use, Terms), which also incorporate Instahyre's Privacy Policy, Cookie Policy and all other operating rules, policies and procedures that may be published and/or amended from time to time by Instahyre including but not limited to terms and conditions applicable to employers provided under paragraph 14 of these Terms (Employer Terms), each of which is incorporated by reference and each of which may be updated by Instahyre from time to time without notice to you in accordance with the terms set out under the Modification of Terms of Use section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Instahyre from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all Users of the Service.

  2. Access

    1. Subject to these Terms of Use, Instahyre may offer to provide the Services, as described more fully on the Platform, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Instahyre performs for you and used by individuals seeking employment and/or career information and by employers seeking employees, or any widgets that you download from the Platform or, subject to the terms set out under the Third party Sites and Services section below, from third party application stores authorized by Instahyre, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

    2. Instahyre makes no representation that the content on the Platform and/or the Services is appropriate to be used or accessed outside India. Any Users who use or access the Platform or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

  3. Registration and Eligibility

    1. In order to use the Service, you are required to register with Instahyre and represent, warrant and covenant that you provide Instahyre with accurate, truthful, and complete registration information (including, but not limited to your name (Username), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Instahyre account. In case you are an employer, the Employer Terms under which Services shall be provided to you, shall also be applicable.

    2. Registration as a User, on the Platform, is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.

    3. In the event, you are or acting as a broker / intermediary / recruitment firm / consulting firm / talent search firm or such other entity and availing Services on the Platform for the purpose of sourcing candidates for any other entity(ies), you shall disclose, in writing to Instahyre, the name and details of such entity(ies), prior to availing Services on the Platform, and further provide all information requested by Instahyre in connection with the Services on the Platform.

    4. You shall not:

      1. provide any false, incomplete or inaccurate personal information to Instahyre (including a false Username) or create any account for anyone other than yourself without such person's permission;

      2. use a Username that is the name of another person with the intent to impersonate that person;

      3. use a Username or Instahyre account that is subject to any rights of a person other than you without appropriate authorization; or

      4. use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.

    5. Instahyre reserves the right to refuse registration of or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Instahyre password. You shall never use another User's account without such other User's prior express permission. You will immediately notify Instahyre in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

    6. Only persons eligible to enter into legally binding contracts under applicable law are eligible to use this Platform. 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 Platform.

    7. Without limitation to anything provided in Clause 3.6 above, persons who are engaged, directly or indirectly, in any commercial activity which is the same as and/or similar to the business of Instahyre or which competes with the business of the Instahyre are not eligible to use this Platform.

    8. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old and to persons who are otherwise ineligible as provided in paragraph 3.5 above. Instahyre may, in its sole discretion, refuse to offer the Service to any person or entity without assigning any reason whatsoever and change its eligibility criteria at any time. The Platform is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Platform or Services in any way.

  4. Content

    1. All Content (as defined below) on the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Instahyre cannot guarantee the authenticity of any Content or data which Users may provide about themselves including but not limited to the safety or legality of the jobs or profiles/resumes posted, the truth or accuracy of the listings, the ability of employers to offer suitable job opportunities to candidates or the suitability of candidates in respect of employers' job openings. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and Instahyre shall have no liability towards you or any other party for any damage or loss resulting from such Content.

    2. You acknowledge and agree that any Content or aggregated data provided by you, may be accessed and transferred to or used for the Platform for the purposes of provisioning of the Services.

    3. For purposes of these Terms of Use, the term Content includes, without limitation, any resumes, profiles, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Instahyre on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by Users is collectively referred to as, User Submissions. The Platform may contain User Submissions which Instahyre does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent Instahyre's views, opinions, beliefs, morals or values. Instahyre does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any User Submissions that the Users submit or publish on the Platform. It is clarified that Instahyre is not an employer and shall not be responsible without limitation, for any postings on the Platform and/or any decision to employ a candidate.

    4. After posting any User Submissions on the Platform, the Users continue to own the rights that the Users may have in that User Submissions subject to the limited license set out here. Instahyre shall do its best to monitor, edit or remove such User Submissions where Instahyre considers it appropriate or necessary to do so. By posting Content or User Submissions, you grant to Instahyre an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, communicate and distribute such User Submissions and to prepare derivative works of, or incorporate into other works (in any form, media, or technology) such User Submissions and to grant and authorize sublicenses thereof.

    5. Please note that any User Submissions or advertisement that promotes online gambling, lotteries or games of skill that offer prizes of cash (including online casinos, sports betting, bingo games, or poker games using real money) shall be permitted only if prior written permission is granted to conduct such games by appropriate authorities and not otherwise.

    6. In the event, the Content or User Submission (for instance job posting) is posted on the Platform in the capacity of a broker / intermediary/ recruitment firm / consulting firm / talent search firm or such other entity for the purpose of sourcing candidates for any other entity(ies), the Content or User Submission posted on the Platform shall disclose the name and details of such entity(ies) on whose behalf the Content or User Submission is posted and the User shall not mislead or misrepresent (or make an attempt thereof) and make full disclosure in respect of the entity(ies) on whose behalf the Content or User Submission is made.

    7. Content or User Submission shall not infringe any third-party rights including intellectual property rights, privacy rights, performer's rights etc.

    8. You shall at all times comply with all applicable laws, ordinances, regulations, and codes which are applicable to the performance of their respective obligations under these Terms of Use.

    9. Content or User Submission should not contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trademark etc. that may violate intellectual property rights of any third party and must acquire permission/authorization/licenses for trademarks or copyrightable works owned/controlled by a third party prior to being uploaded as Content.

    10. The Users hereby expressly acknowledge and agree that Instahyre will not be liable for the User's losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any User Submissions.

  5. Instahyre Content

    1. The Service contains Content specifically provided by Instahyre or its partners on the Platform and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable (Instahyre Content). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Instahyre Content accessed through the Service.

    2. You shall not sell, license, rent, or otherwise use or exploit any Instahyre Content for commercial (whether or not for profit) use or in any way that violates any third party right. All Instahyre Content is made available as is and without any representations or warranties whatsoever, and Instahyre hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.

  6. Conditions To Use

    1. Subject to these Terms of Use, Instahyre grants each User of the Platform and/or Service a limited, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, or storage of any Content (including the accessing of resumes of candidates by the employers) for other than personal, non-commercial use is expressly prohibited without prior written permission from Instahyre, or from the copyright holder of the Content. Instahyre shall not be responsible for providing any equipment, hardware, facilities, personnel, or other resources, to the User, except as expressly agreed by Instahyre in writing with regards to the Services related to the User.

    2. You shall always use Instahyre Content as an end User of the Services, provided however that the aforementioned restriction will not be applicable in the event the User is acting in the capacity of a broker/ intermediary / recruitment firm / consulting firm / talent search firm or such other entity authorized by one or more employers to avail Instahyre's Services for sourcing of candidates for such employers.

    3. The Services will be provided on best efforts basis. Instahyre will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay. Any usage of the Services shall be considered as a deemed acceptance by the User.

    4. You agree that your personal data including but not limited to your name, gender, workplace identities, professional identities, employment history, employment data, work preferences, work history, and educational history shall be made available on the Platform. By creating an Instahyre account and based on your profile, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services Instahyre may offer. You may opt out of receiving any, or all, of these communications from Instahyre by following the unsubscribe link or instructions provided in any email we send. You will continue to receive important updates with regards to your Instahyre account.

    5. When you use the Platform to avail the Services, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to your registration information and mobile number (collectively SPI), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Instahyre agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

    6. Instahyre disclaims any responsibility for any harm resulting from anyone's use, viewing, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content offered through any of the Services is the Content provider or Content creator's (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and you agree that Instahyre shall not be liable for any damages that may result from your use of the Content.

  7. Rules and Conduct

    1. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

    2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to take any action or publish any information that:

      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;

      2. you know is false, misleading, untruthful or inaccurate;

      3. threatens the unity, integrity, defense, 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;

      4. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Instahyre in its sole discretion;

      5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (spamming);

      6. constitutes unsolicited commercial communications to other Users of the Platform;

      7. involves commercial activities (whether or not for profit) and/or sales without Instahyre's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

      8. contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Instahyre or any third party;

      9. impersonates any person or entity, including any employee or representative of Instahyre;

      10. transmit any information (including job posts, messages and hyperlinks) or Content that contains any hyperlinks, email addresses or hidden keywords on or through the Platform that is disruptive or competitive to the provision of Services by Instahyre;

      11. insert any personal hyperlink, weblink, email address etc. while posting any job;

      12. disseminate, display, upload, publish, transmit, distribute, share any material which belongs to another person;

      13. post any profile/resume or apply for any job on behalf of another person or make any job posting on behalf of another legal entity;

      14. circumvent or attempt to circumvent any service limits including but not limited to resume download limits;

      15. not unlawfully solicit or engage with other Users of the Platform;

      16. includes anyone's identification documents or sensitive financial information; or

      17. breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

    3. You shall not (directly or indirectly):

      1. take any action that imposes or may impose (as determined by Instahyre in its sole discretion) an unreasonable or disproportionately large load on Instahyre's (or its third party providers') infrastructure;

      2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service or interfere with other User's use of the Platform;

      3. bypass any measures Instahyre may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

      4. run any form of auto-responder or spam on the Service;

      5. use or attempt to use manual or automated software, devices, or other processes to crawl or spider any part of the Platform;

      6. access, navigate, search, copy, monitor, download, harvest or scrape or otherwise extract in any manner, any Content from the Service including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;

      7. forge headers or in any manner manipulate identifiers in order to disguise the origin of any User information;

      8. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Platform Content, except as expressly authorized by Instahyre;

      9. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

      10. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

      11. not delete or modify any content of the Platform and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

      12. use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Services or any operating system;

      13. not make false or malicious statements against the Services or the Platform or Instahyre; or

      14. otherwise take any action in violation of Instahyre's guidelines and policies.

    4. By using the Services, you represent and warrant that:

      1. You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation;

      2. You have fully read and understood the Terms of Use and Privacy Policy of the Platform and consent to them;

      3. You shall ensure that the requisite information provided by you to us for the Services on the Platform, is absolutely true, complete, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. Instahyre will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and

      4. You will not use the Services for any unlawful purposes, or in furtherance of illegal activities.

    5. You acknowledge that all hardware and software underlying the Platform as well as other internet related software which are required for accessing the website are Instahyre's intellectual property, and that you have no rights in, or to, the hardware, Platform or any Services other than the right to use each of them in accordance with the terms of these Terms of Use.

    6. Instahyre reserves the right to access, read, preserve, and disclose any information as Instahyre reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Instahyre, its Users and the public.

  8. Third Party Sites and Services

    1. Instahyre acts as a facilitator between recruiters and eligible candidates, and the Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under Instahyre's control, and you acknowledge that Instahyre is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Instahyre or any association with its operators. You further acknowledge and agree that Instahyre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. Instahyre may provide you with access to services, products and/or software of an external/ third-party service provider(s), which may be integrated into the Services. You acknowledge and agree that any issues/non-performance of such services, products and/or software shall be resolved on a best effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.

    2. The User agrees that the integration of services, products or software of an external/third-party service providers with the Services shall be provided at an additional cost to the User, which shall be paid in entirety by the User prior to the integration of such external/third-party services, products and/or software with the Services. The User agrees that in case of any defect, delay, or non-performance of the external/third party service provider's integrated services, products and/or software, the amount paid by the User towards such services, products and/or software shall be partially provided as a credit on a pro-rata basis, at the sole discretion of the Vendor or such amounts may be utilized to provide other integration related services, as mutually agreed between the Parties.

  9. Termination


    Instahyre may terminate, temporarily/indefinitely suspend or block your membership/account and/or block your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. In the event that Instahyre terminates the membership without cause, it shall, in its sole discretion, provide a prorated refund to You. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any amount paid for by you for the Service, in such a case are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In case you have any issues with the Services, the same should be reported during business hours.

  10. Warranty Disclaimer

    1. Save to the extent required by law, Instahyre has no special relationship with or fiduciary duty to you. You acknowledge that Instahyre has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

    2. You release Instahyre from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Instahyre makes no representations concerning any Content contained in or accessed through the Service, and Instahyre will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

    3. Instahyre shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall Instahyre be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services.

    4. The Platform, Service, and Content link are provided as is, as available and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, system integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

    5. Instahyre, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any Third Party Sites or Services linked to the Platform and / or Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service or Third Party Sites or Services is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the Platform, Service, and Content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. If any open-source software is included in the Platform or any Services, the terms of an open-source license may override some of the terms of these Terms of Use.

    6. Instahyre does not guarantee the accuracy, integrity or quality of service provided by the authorized payment gateways and disclaims any liability arising out or in connection with the services provided by such authorized payment gateways. Instahyre shall not have any liability where the transaction is unable to be completed or does not fructify.

    7. Instahyre shall not be responsible for any background verification checks of any Users on the Platform.

  11. Indemnification


    You shall defend, indemnify, and hold harmless Instahyre, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content, or otherwise from your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy. Instahyre reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Instahyre in asserting any available defenses.

  12. Limitation of Liability

    1. Instahyre shall not be liable or responsible for:

      1. Any instance where the transaction is unable to be completed or does not fructify;

      2. any failure to perform, or delay in performance of, any of Instahyre' s obligations under these Terms of Use that is caused by any act or event beyond Instahyre's reasonable control, including but not limited to force majeure events;

      3. any failure to perform, or delay in performance of, any of Instahyre's obligations under these Terms of Use or any financial loss that is caused by an assigned partner(s) or a third-party service;

      4. the Platform not meeting your individual requirements or the Platform containing defects or errors, as the Platform has not been developed specifically for you. It is your responsibility to ensure that you use the Platform only if the facilities and functions of the Platform meet your requirements;

      5. any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Platform or the Services.

    2. Additionally, by using the Platform or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

    3. To the maximum extent permitted by applicable law, in no event shall Instahyre, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Instahyre, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Platform, Service, or Content for:

      1. the use or the inability to use the Platform and /or Service;

      2. indirect, remote or consequential losses or damages;

      3. loss of actual or anticipated profits;

      4. loss of revenue;

      5. loss of goodwill;

      6. unauthorized access to or alteration of your transmissions or loss of data;

      7. loss of anticipated savings;

      8. wasted expenditure;

      9. cost of procurement of substitute goods or services; or

      10. any other matter relating to the Platform and / or Service

    4. Without prejudice and notwithstanding anything to the contrary contained herein, the total aggregate liability of Instahyre to You for all liabilities (for one or more incidents) arising out of use of the Platform be it in tort or contract or otherwise (regardless of the basis of the claim) shall be limited to the amount charged from You.

    5. Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms of Use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Instahyre's liability will be limited to the fullest extent permitted by applicable law.

    6. Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of Instahyre shall not be personally liable for any action in connection with the Platform or the Services.

  13. Copyright and Trademarks

    1. Copyright in works contained in the Platform, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are Instahyre's exclusive property, or licensed by Instahyre, except as otherwise expressly stated. You may access the Platform only for your use of the Services offered.

    2. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to Instahyre. No information, code, algorithms, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Instahyre's express written permission.

    3. Access to this Platform does not authorize anyone to use any name, logo or mark, which appear on the Platform in any manner. References on this Platform 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.

    4. You must:

      1. not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Platform or any of its components;

      2. not delete or modify any content of the Platform and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

      3. not make false or malicious statements against the Services or the Platform or Instahyre;

      4. not use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Services or any operating system;

      5. not engage in any form of antisocial, disrupting, or destructive acts, including flaming, spamming, flooding, trolling, phishing and griefing as those terms are commonly understood and used on the Internet;

      6. not use the Platform or any Services in a way that could damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with other Users;

      7. not carry out reverse engineering in respect of the hardware or software underlying the Platform or any part thereof; and

      8. comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Platform or any Services, which may include but is not limited to not using the Platform in a country where the use of the Platform or any Services is unlawful.

  14. Employer Terms

    1. In case you are an employer, you shall be deemed to have agreed and accepted and shall be bound by the terms and conditions of this paragraph 14 (Employer Terms).

    2. Instahyre will charge a fee as agreed with the employer. The fee shall be non-refundable and exclusive of all taxes, cess, levies (including GST) and shall be subject to withholding taxes.

    3. Instahyre will provide the Services to the employer, for the duration contracted for, pursuant to its standard policies and procedures then in effect. Instahyre may change features of the Services from time to time, in its sole discretion.

    4. The employer shall not use the database and the Services for any purpose other than seeking potential employees. The Services provided to the employer are strictly intended for the sole and exclusive use, consumption and benefit of the employer, and not for any third party, including but not limited to the subsidiaries or affiliates of the employer.

    5. Instahyre will commence providing Services to the employer only upon receipt of fee. The employer may be required to provide its credit or debit card details to authorised payment gateways while making the payment for use of the Services. In this regard, the employer agrees to provide valid, correct and accurate credit / debit card details to the authorised payment gateways for availing the Services. The employer shall not use the credit / debit card that is not lawfully owned by it. It will be solely responsible for the security and confidentiality of the credit / debit card details and Instahyre shall not be held liable for any loss that the employer might face in this regard.

    6. The employer shall:

      1. comply with all applicable law including Telecom Commercial Communications Customer Preference Regulations, 2018.

      2. ensure that the access of the Services provided by Instahyre shall be limited to those of the employees of the employer whose details have been provided to Instahyre and who have been provided an explicit access to use the Services by Instahyre (Permitted Persons).

      3. ensure that each login ID and password assigned by Instahyre shall be used by a single Permitted Person only.

      4. not and shall ensure that its Permitted Persons shall not share the login ID and password to the accounts provided to the Permitted Person to avail the Services with any other person or allow directly or indirectly, any other person to access such accounts or the Services provided by Instahyre. Instahyre shall not be responsible for any data loss/theft of data/corruption of data or wrong usage/misuse of the password or any damage or consequences arising out of the compromise of the username and password assigned by Instahyre.

      5. not use or access the Services from third party premises/networks without the prior written consent of Instahyre.

      6. and shall ensure that its Permitted Persons utilize the Services for the purpose and in the manner envisaged under these Employer Terms and the Terms of Use and in accordance with the applicable law and it shall not and ensure that its Permitted Persons shall not misuse or misappropriate the Services, or the information provided or otherwise accessible by the employer and the Permitted Persons, any product or equipment or any other property of Instahyre in any manner;

      7. not charge a fee from any person who is contacted through Instahyre for processing of such person.

      8. ensure that the jobs sought to be filled through Instahyre are genuine and in existence at the organizations for which the jobs have been posted.

      9. implement and maintain security practices and procedures for personal data, that are consistent with leading industry standards, but no less protective than are required to maintain a reasonable standard of security and comply with all applicable laws while handling any personal data and shall execute such agreements as may be necessary to ensure compliance with applicable laws.

      10. only use, access or process personal data as per the directions of Instahyre and only for the purpose. The employer shall be responsible to ensure that such personal data is kept confidential and access to the same is provided on a need-to-know basis. Instahyre shall have no liability towards the employer or any of third-party claims arising as a result of the collection, correctness, accuracy, processing, sharing or otherwise any use of any such personal data by the employer.

      11. be responsible for the breach of these Employer Terms by it, its Permitted Persons, its representatives or such other person acting on its behalf.

    7. Neither the employer and nor any of its Permitted Persons or any person on its behalf, will at any time reverse engineer, decompile, disassemble, re-program, analyze or otherwise attempt to derive or modify the Service or the software owned by Instahyre in whole or in part for any purpose whatsoever, including without limitation, to: (a) build a competitive product or service; or (b) build a product using similar ideas, features, functions or graphics, or (c) copy any ideas, features, functions or graphics of the Services or the software owned by the Instahyre.

    8. The Services are neither re-saleable nor transferable by the employer to any other person, corporate body, firm or individual concern.

    9. Instahyre offers no guarantee nor warranties that there would be a satisfactory response or any response at all to employer for candidates displayed on Instahyre. Instahyre shall in no way be held liable for any information received by the employer and it shall be the sole responsibility of the employer to check, authenticate and verify the information/response received at its own cost and expense. Any actions taken by an employer on the basis of the background check report or otherwise, is the employer's responsibility alone and Instahyre will not be liable in any manner for the consequences of such action taken by the employer.

    10. The Services provided by Instahyre has been selected by the employer based on its general conformance to the needs identified by the employer. The employer has evaluated all the risks associated with the use of the Services and accepts the entire risk associated with such use.

    11. In case, a separate subscription agreement is executed between Instahyre and the employer, the terms of such subscription agreement shall supersede to the extent of any inconsistency between these Employer Terms and the subscription agreement.

  15. Integration

    1. Instahyre owns and operates a proprietary software that generates a link to allow prospective candidates to view the available time slots of prospective employers on a real time basis and schedule meetings with such prospective employers via third party video/conference call applications.

    2. Instahyre provides an application tracking facility to the prospective employers that allows the employers to view the status of each application sourced by the employer and/or Instahyre. For the provision of this facility, Instahyre's proprietary software is integrated with the employers' system.

    3. You hereby consent to provide Instahyre the necessary permission, information and/or data that may be required by Instahyre from time to time to provide Services to you. This may include but is not limited to permission, information and/or data related to or required in relation to a User's calendars, video conferencing tool integrations, any third-party ATS integrations etc.

  16. Governing Law

    1. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Instahyre agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    2. These Terms of Use shall be governed by and construed in accordance with the laws of India. All matters and dispute between the Instahyre and You relating to the Terms of Use, shall be subject to the jurisdiction of the courts in New Delhi.

    3. Notwithstanding the foregoing, any disputes arising out of or in relation to the Terms of Use shall, if not resolved within 15 (fifteen) days through discussions between the parties, finally be settled under the rules of the Indian Arbitration and Conciliation Act, 1996 (and amendments thereof) (the Arbitration Rules) by a sole arbitrator appointed by the Instahyre, in accordance with the Arbitration Rules. The decision of the arbitrator shall be final and binding upon the parties hereto. The place of arbitration shall be New Delhi. The language of the arbitration shall be English. Each party to arbitration shall bear its own cost. The arbitral award shall be final and binding on the parties.

    4. Notwithstanding the foregoing and without prejudice to the right of Instahyre to seek interim or provisional relief from the arbitration proceedings, Instahyre may, prior to the appointment of the arbitrator and even thereafter, seek interim or provisional relief, including but not limited to, a preliminary injunctive relief or restraint from a court of competent jurisdiction.

  17. Severability


    Unless otherwise expressly agreed between the parties, these Terms of Use are the entire agreement between you and Instahyre with respect to the Service and use of the Platform, Service, or Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Instahyre with respect to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that Instahyre will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Instahyre must provide you with written notice of such waiver through one of its authorized representatives.

  18. Modification of Terms of Use


    Instahyre reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you notice through the Service or via email. Instahyre may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

  19. Force Majeure


    Instahyre will not be responsible for any delay or failure to comply with its obligations under these Terms of Use or in performing the Services, if the delay or failure arises due to any event or circumstance beyond Instahyre's reasonable control.

  20. Electronic Record


    This document is an electronic record in terms of the Information Technology Act, 2000 (IT Act) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. 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 the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.

  21. Miscellaneous

    1. Instahyre shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Instahyre's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including line-noise interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Instahyre's prior written consent. Instahyre may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

    2. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

    3. In respect of these Terms of Use and your use of the Platform, Service, or Content, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and Instahyre's and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and Instahyre and you agree that Instahyre does not intend that any provision of these Terms of Use should be enforceable by a third party.

    4. Except for any warranties explicitly mentioned in this Terms of Use, Instahyre expressly disclaims all other warranties in connection with the Services and Platform including the warranties associated with any software, product and/or service of external/third party service provider integrated with the Services, whether express, implied, statutory or otherwise, including without limitation any implied warranties of merchantability and fitness for a particular purpose or non- infringement of third-party rights. The access and use of the Service, Platform or any software, product and/or services of external/third party service provider which may be integrated into the Services is provided on an as is basis, and any implied warranty of merchantability, purpose, quality, accuracy, title, fitness for a particular purpose, or non-infringement of third-party rights are hereby disclaimed to the full extent permitted by applicable law by the Vendor.

    5. Instahyre and its directors, employees, agents, representatives, suppliers and partners do not warrant against interference with the use of the Services, Platform or any software, product and/or services of external/third party service provider which may be integrated into the Services. Instahyre does not warrant that the Service or any or any software, product and/or services of external/third party service provider which may be integrated into the Services provided by the Vendor will be secure, error-free, free of viruses or other harmful components or that the operation will be uninterrupted.

    6. Instahyre does not warrant that the Services, Platform or the integrated software, product and/or services, will be available at all times. The availability and access of the Services, Platform or the integrated software, product and/or services shall be subject, without limitation, to downtimes resulting from maintenance, repairs and upgrades of the Instahyre's internal or external systems or as per the internal or external systems of the relevant external/third party service providers. The use of the Service together with all integrated services, products, software and/or content is solely at the User's own risk.

  22. Language

    1. Where Instahyre has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Instahyre.

    2. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

  23. Contact

    1. Should you have questions about this Terms of Use or Instahyre's information collection, use and disclosure practices, you may contact Instahyre at the following address: Plot No. 284/2, 1st Floor, Lane No. 3, Westend Marg, Saidulajab, New Delhi 110030.

    2. Except where required by law, Instahyre cannot ensure a response to questions or comments regarding topics unrelated to the terms of this Terms of Use or Instahyre's privacy practices.

  24. Complete Understanding


    These Terms of Use, the Privacy Policy and the Cookie Policy contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.