Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Stockup Fintech Pvt Ltd, operating the platform JobMyIndia (accessible at www.jobmyindia.com), hereinafter referred to as "JobMyIndia," "we," "us," or "our."

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Refund Policy, and all applicable laws and regulations of India, including but not limited to:

• The Information Technology Act, 2000 and rules made thereunder
• The Indian Contract Act, 1872
• The Consumer Protection Act, 2019
• The Digital Personal Data Protection Act, 2023
• The Payment and Settlement Systems Act, 2007

If you do not agree to these Terms, you must immediately discontinue use of the Platform.

2. Eligibility

• You must be at least 18 years of age to use this Platform.
• You must be a citizen or legal resident of India, or have authorization to work/hire in India.
• If you are registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
• You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.

3. User Accounts and Registration

3.1 Account Types

JobMyIndia offers the following account types:

• Candidate/Job Seeker: For individuals seeking employment opportunities
• Employer/HR: For companies and organizations looking to hire candidates and use HRMS services
• Contractor: For staffing agencies and contractors managing workforce
• Worker (Local Rozgar): For skilled/unskilled workers seeking hyperlocal work opportunities

3.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You must enable Two-Factor Authentication (2FA) when required by the platform.
• You must immediately notify us of any unauthorized access or use of your account.
• You are solely responsible for all activities that occur under your account.

3.3 KYC Verification

Employers may be required to complete KYC (Know Your Customer) verification by submitting valid business documents including GST certificate, company registration certificate, and authorized signatory identification. This is mandated to prevent fraud and ensure the legitimacy of job postings on our Platform.

4. Services Provided

4.1 For Job Seekers

• Job search and application across India
• AI-powered job matching and recommendations
• Resume upload, parsing, and AI-assisted resume building
• Application tracking and status updates
• Interview scheduling and management
• Skill assessments and AI interviews

Job seeking services are provided free of charge to candidates.

4.2 For Employers

• Job posting and management
• Candidate search, filtering, and shortlisting
• HRMS (Human Resource Management System) including attendance, payroll, leave management
• Offer letter generation and management
• Compliance management (PF, ESI, PT)
• AI-powered candidate matching
• Subscription-based premium features

4.3 Local Rozgar

Our hyperlocal worker hiring platform connects customers with skilled and unskilled workers for immediate or short-term work requirements within their locality.

5. Subscription Plans and Payments

5.1 Plans

JobMyIndia offers various subscription plans for employers including Free, Starter, Silver, Gold, and Enterprise plans. Each plan provides different credit limits for job postings, resume downloads, candidate unlocks, and access to premium features.

5.2 Payment Terms

• All prices are listed in Indian Rupees (INR) and are inclusive of applicable GST (Goods and Services Tax) as per the GST Act, 2017.
• Payments are processed securely through Razorpay Payment Gateway, which is RBI-regulated and PCI-DSS compliant.
• Plans are activated immediately upon successful payment confirmation.
• You agree to pay all applicable fees and charges associated with your selected plan.

5.3 Auto-Renewal

Subscription plans do not auto-renew. Upon expiration of your plan, you will need to manually select and purchase a new plan to continue accessing premium features. Unused credits do not carry over to new subscription periods.

6. Prohibited Activities

You agree NOT to:

• Post fake, fraudulent, or misleading job listings
• Collect money from candidates for job placements (this is illegal under Indian law)
• Use the Platform for any unlawful purpose or in violation of the Indian Penal Code, 1860
• Upload content that is defamatory, obscene, hateful, or promotes discrimination based on caste, religion, gender, or any protected characteristic under the Constitution of India
• Attempt to gain unauthorized access to other user accounts, our servers, or databases
• Use automated tools, bots, scrapers, or similar technologies to access or collect data from the Platform without written permission
• Violate any applicable labour laws including the Contract Labour (Regulation and Abolition) Act, 1970, Minimum Wages Act, 1948, or Equal Remuneration Act, 1976
• Impersonate another person or entity
• Transmit viruses, malware, or any harmful code
• Circumvent any security measures or rate limiting implemented on the Platform

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on the Platform, including but not limited to the JobMyIndia name, logo, trademarks, service marks, trade names, website design, layout, text, graphics, software, algorithms, AI models, source code, and databases are the exclusive intellectual property of Stockup Fintech Pvt Ltd and are protected under:

• The Copyright Act, 1957
• The Trade Marks Act, 1999
• The Patents Act, 1970
• The Information Technology Act, 2000
• International intellectual property conventions and treaties to which India is a signatory

7.2 User Content

By uploading content (resumes, job postings, company profiles, documents) to our Platform, you grant JobMyIndia a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of providing and improving our services. You retain all ownership rights to your content.

7.3 Copyright Infringement - Notice and Takedown

If you believe that your copyrighted work has been infringed upon on our Platform, you may submit a written notice to our designated Copyright Agent containing:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with sufficient information to locate the material
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner
• Your physical or electronic signature

Send copyright infringement notices to: copyright@jobmyindia.com

We will process all valid notices in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and will take down infringing content within 36 hours of receiving a valid court order or upon completion of our internal review process.

8. Job Posting Guidelines

• All job postings must comply with Indian labour laws and anti-discrimination provisions.
• Job postings must not require payment from candidates as a condition of employment.
• Salary information must be accurate and comply with the Minimum Wages Act, 1948.
• Job postings undergo automated AI-based verification for fake job detection. Flagged postings may be suspended pending manual review.
• JobMyIndia reserves the right to remove any job posting that violates these guidelines or applicable laws without prior notice.

9. Limitation of Liability

• JobMyIndia acts as an intermediary platform as defined under Section 2(1)(w) of the Information Technology Act, 2000, and is entitled to the safe harbor protections under Section 79 of the IT Act.
• We do not guarantee employment or hiring outcomes.
• We are not responsible for the accuracy of information provided by users, employers, or candidates.
• We are not liable for any employment disputes, salary disagreements, or contractual issues between employers and candidates.
• Our total liability to you for any claim arising out of or relating to these Terms shall not exceed the amount paid by you to JobMyIndia in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless JobMyIndia, Stockup Fintech Pvt Ltd, and their directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content you submit, post, or transmit through the Platform
• Your infringement of any intellectual property or other rights of any third party

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

11.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties, and the seat of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English.

11.3 Jurisdiction

Subject to the arbitration clause above, the courts of Mumbai, Maharashtra, Indiashall have exclusive jurisdiction over any disputes.

12. Consumer Protection

In accordance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020:

• We provide clear information about our services, pricing, and refund policies before purchase.
• We do not engage in unfair trade practices as defined under Section 2(47) of the Consumer Protection Act, 2019.
• Grievances can be filed with our Grievance Officer or through the National Consumer Helpline (1800-11-4000) or the National Consumer Disputes Redressal Commission.

13. Termination

• You may terminate your account at any time by contacting our support team.
• We may suspend or terminate your account without prior notice if you violate these Terms, engage in fraudulent activity, or at our reasonable discretion.
• Upon termination, your right to use the Platform ceases immediately. Data retention will be governed by our Privacy Policy and applicable laws.
• Termination does not entitle you to a refund of any fees paid, except as provided in our Refund Policy.

14. Force Majeure

JobMyIndia shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, strikes, power outages, internet disruptions, or any act of God.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on the Platform. We will notify you of material changes via email or a prominent notice on the Platform. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms.

17. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Disclaimer, constitute the entire agreement between you and JobMyIndia with respect to your use of the Platform and supersede all prior agreements, representations, and understandings.

18. Contact Information