User Agreements

Table of Contents

TERMS OF SERVICES

THESE TERMS OF USE DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
These Terms of Use (“Terms”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and Bizionic Technologies & Marketing Solutions Private Limited (“Bizionic”, “Company”, “we”, or “us”), governing your use of InstaHirin’s website www.instahirin.com (“Platform”) and the services provided therein (collectively, “Services”). You understand that by using the Bizionic Platform or its Services (which generally means using in any way our work marketplace website or our applications), and by clicking accept when prompted on the Platform, you agree to be bound by all agreements which constitute Bizionic’s Terms of Use, and you agree that the “Terms of Use” means every agreement linked herein and includes the Privacy Policy.
You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service. If you want to use our Platform or any of our Services, whether just by looking around or by registering an account, you must first read and agree to this Agreement. If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit the Platform, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have the authority to agree to the Terms of Use on behalf of that business or legal entity. To make these terms a little easier to understand, we capitalize certain terms and capitalizing them means they have a special meaning. Section 1 provides the definitions of some capitalized terms and others are defined throughout the Terms of Use (look for quotation marks and bold font).

1. BIZIONIC ACCOUNTS

How can you register for an Bizionic account? What are the different types of accounts that you can have?

1.1 ACCOUNT REGISTRATION

  • You must register for an account with us (“Account”) to access and use certain portions of our Services. Registered users of our Services are “Users”, and unregistered users are “Platform Visitors”.

  • The Platform allows only limited and restricted access to the Services for Platform Visitors. The Platform and the Services therein are intended only for registered Users who have completed the registration process and completed the KYC requirements set out on the Platform.

  • Your Account registration is subject to approval by Bizionic. We reserve the right to decline a registration either to join Bizionic or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

1.2 MEMBERSHIP ELIGIBILITY

  • Bizionic offers the Services for your business purposes only and not for personal or consumer use. By registering for an Account or by using our Services, you represent that you: (a) are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability partner, private/ public limited company or other entity); (b) will use our Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and any offering or provision of Candidate Services; and (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts.

  • Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform.

  • Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Platform.

  • The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Platform.

  • Those who access the Platform from outside India are responsible for compliance with local laws, if and to extent local laws are applicable.

1.3 ACCOUNT PROFILE

  • You must provide accurate personal and professional information when you sign up and you must update your account if your personal and professional information changes. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete.

  • To register for an Account to use our Services, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your Profile and on all registration and other forms you access while using our Services or provide to us and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.

  • As part of the KYC process for creating an Account with the Platform, for individuals, we may collect the following information: - Name
    - Date of Birth
    - Address
    - Government Issued Identification number
    - PAN Card
    - Aadhaar Card (if required)

  • A corporation, partnership, trust or other legal entity may need to provide other information, such as its principal place of business, local office, employer identification number, certified articles of incorporation, government-issued business license, a partnership agreement, or a trust agreement, and a list of all persons and entities owning, directly or indirectly, 25 percent or more of such entity.

  • By registering with Bizionic and completing your KYC, the User, based on the completion of the KYC process will be provided with the eDashBoard account. Your eligibility to use the eDashBoard account would be subject to the eligibility criterion stipulated in this Terms and the additional rules prescribed for Users under any other terms displayed on the Platform.

  • You will not be eligible to use the eDashBoard without prior notice, in the event of suspension or temporary or permanent removal of your Account on grounds of violating any of the provisions of this Terms, additional rules or Privacy Policy displayed on Platform. You also agree to comply with any other additional requirements as prescribed by the Platform or the bank or its custodian and trustee agents for the use of the eDashBoard from time to time and submit accurate details and documents accordingly. You agree that it is your sole responsibility to ensure that such information/documents provided to the Platform/bank shall be accurate and corresponding to the information available on Platform.

  • You further agree to submit any documents to prove your identity, address, photograph and any such information to fulfil any eligibility criterion to meet with KYC and other requirements as per the applicable laws issued by the Reserve Bank of India or anti-money laundering law or any other statutory/regulatory requirements.

  • Bizionic reserves the right to decline your application, suspend and permanently close your eDashBoard account without any prior notifications, if you are in breach of the AML/CT/FATCA compliance requirements. Users of Bizionic need to confirm that the information provided in the registration and account opening declaration forms is current, accurate and representative of the anti-money laundering and anti-terrorist financing for the The Prevention of Money Laundering Act, 2002 in the relevant applicable jurisdiction and the regulations, and thereto have submitted evidence of identity and proof of address, dated within the last three months; and hereby declare that the funds routed on and through the Platform are not as a result of illegal means or activity. Users must also confirm and authorize Bizionic to share the User’s information provided in the eDashBoard declaration form to relevant authorities, correspondent and clearing banks and institution, and parties relevant to AML/CFT/KYC related compliance as and when requested.

1.4 ACCOUNT TYPES

  • We offer three types of accounts (“Account Types”): Client, Candidate, and Agency (which is a special kind of Candidate account). Once you register for an Account, you can add Account Types without re-registering. You promise to register for only one Account that requires a unique log in. This Account will house all of your Account Types. Never share your Account password with anyone; you can give permissions to other Users to act under your Account Types as Team Members or Agency Members if needed. Multiple users can be created under the Agency Account Type. The Agency account administrator shall be solely responsible for any and all actions undertaken by its sub-users of the Agency account.

  • We offer several different Account Types. Once you register for your Account (only one per User), you can add other Account Types under the same username and password. For example, if you already have a Candidate Account Type, you can add a Client Account Type to your Account without re-registering. You agree not to register for or maintain more than one Account and Profile without express written permission from us.

  • If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including this Terms, on behalf of yourself and the company. More than one person can create an Account as an employee or agent on behalf of the same company.

1.5 ACCOUNT PERMISSIONS

  • You may provide other Users permissions to act on your Account only as described in this Clause. You agree not to request or allow another person to create an Account for you, your use, or your benefit, except that authorized employees or agents may create an Account on behalf of your business. By granting other Users permissions under your Account, you represent that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for what the User does and does not do, including with respect to making payments and entering into Service Contracts and the Terms of Use. If any User granted permissions under your Account violates the Terms of Use, it may affect your ability to use our Services. When an Account is closed, Bizionic may close any related Accounts as well.

1.6 IDENTITY AND LOCATION VERIFICATION

  • When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Bizionic. You authorize Bizionic, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.

1.7 USERNAMES AND PASSWORDS

  • Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User.

2. PURPOSE OF BIZIONIC

2.1 RELATIONSHIP WITH BIZIONIC

  • We offer a work marketplace: an online platform for Users to find and connect with each other. We are not involved directly in your negotiations or the delivery of Candidate Services (Except under Supervised AOR Services). You are solely responsible for your content published to Bizionic and for your agreements with other Users, including vetting each other and performance under the agreements.

  • Bizionic offers a platform that enables Users to find one another, enter into service relationships and agreements, receive and provide Candidate Services, and make and receive payments through the Platform. You acknowledge and agree that Bizionic does not supervise, direct, control, or monitor Users in the performance of any contractual obligations they may have under a Service Contract and agree that: (a) Bizionic is not responsible for ensuring the accuracy or legality of any User Content, for which Users are solely responsible; (b) Bizionic is not responsible for the offering, performance, or procurement of Candidate Services (except under Supervised AOR Services); (c) Bizionic does not make any representations about or guarantee any particular User’s offered services, and (d) nothing will create an employment, agency, or joint venture relationship between Bizionic and any User offering services (except as may be required under EOR Services or AOR Services). While Bizionic may provide certain badges on Candidate or Client Profiles, such badges are not guarantees, including of quality or ability or willingness of the badged Candidate or Client to complete a Service Contract.

  • You further acknowledge and agree that Users, and not Bizionic, are solely responsible for (a) evaluating and determining the suitability of any Project, Client, or Candidate; (b) assessing whether to enter into a Service Contract with another User and for verifying any information about another User; (c) deciding whether to enter into a Service Contract on Bizionic as well as the contract terms, and (d) negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them.

  • Nothing in this Agreement is intended to or does prohibit or discourage any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, the terms of engagement between User and the Company specifically bars the User to engage in any other business activity and/or Users comply with the Non-Circumvention provisions described in Clause 48 below.

  • As part of our constant effort to improve our Services for our customers, we may test or otherwise temporarily offer certain features and beta tools for your use. We will generally flag on the Platform or in related customer forums when a particular tool is being tested and how the feature works, but we do not guarantee that the Platform, or any of its tools or features, will be available at any given time.

  • The ultimate decision on recruitment or hiring of any Candidate and of the completion of the recruitment process, irrespective of the nature of Service, rests solely with the Client, to be exercised at its discretion or in accordance with its policies. Client is solely responsible for and assumes all liability for determining whether Candidates should be engaged as independent contractors, consultants, freelancers or employees and engaging them accordingly. Client warrants its decisions regarding classification are correct and its manner of engaging Candidates complies with applicable laws, regulations, and rules. Bizionic is not responsible for worker classification as between Client and Candidate. The Parties agree that Client will select the Candidate, that the scope of work will be set exclusively by agreement between Client and Candidate, and that Client and Candidate will take up any issues with the work and/or its scope between each other.

2.2 TAXES AND BENEFITS

  • Bizionic fees are exclusive of taxes. Bizionic does not collect taxes it is not required to collect, but Bizionic may be required by applicable law to collect certain taxes or levies, including income tax or VAT (which some jurisdictions refer to as GST or local sales taxes). These collection requirements and rates may change based on changes to the law in your area. Any amounts Bizionic is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to Bizionic under this Terms/any other agreement entered with Bizionic.

  • Candidate acknowledges and agrees that Candidate is solely responsible for: (a) all tax liability associated with payments received from Candidate’s Clients and through Bizionic, and that Bizionic will not withhold any taxes from payments to Candidate unless required to under applicable law; (b) obtaining any liability, health, workers’ compensation, disability, unemployment, or other insurance needed or required by law, and that Candidate is not covered by or eligible for any insurance from Bizionic; (c) determining and fulfilling Candidate’s obligations under applicable laws and regulations with respect to invoicing and reporting, collecting, or remitting any applicable taxes or charges; and (d) if outside of India, determining if Bizionic is required by applicable law to withhold any amount of the Candidate Fees and notifying Bizionic of any such requirement and indemnifying Bizionic for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Bizionic, Candidate agrees to promptly cooperate with Bizionic and provide copies of Candidate’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Candidate is engaging in an independent business as represented to Bizionic.

2.3 MARKETPLACE FEEDBACK AND USER CONTENT

Users publish and ask InstaHirin to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.

  • The Platform may allow you to post certain User Content, data or information belonging to you, such as reviewing and allowing you to share your professional experience, your views about particular blog-post, post your comments and reviews in relation to contents on specific pages of the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Platform.

  • You, being the originator of the User Content, is responsible for the User Content that you upload, posts, publish, transmit or otherwise make available on the Platform. You represent that you exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Platform.

  • You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company and/or on any social media channels including but not limited to Instagram, Facebook and Twitter.

  • Any User Content you post, publish, transmit, upload, distribute or otherwise make available to the Platform should be at your own responsibility and any modification/alteration to such content would be subject to conditions provided in our Privacy Policy and the additional rules therein. You need to review and agree to our Privacy Policy and the additional rules before making any submissions.

  • Your submissions may be identified by your actual name and/or your username. You acknowledge that once published, you cannot withdraw such submissions.

  • Company holds no responsibility over the authenticity of any User Content provided by you or cannot be liable for User Content or actions in an event that affects the rights and interests of any third party. Company reserves the right to remove any such content from the Platform immediately without prior notice and replace the content according to Company’s sole discretion.