Monday People Private Limited

Terms of Use

for Business Owners

Effective Date of the current Term of Use for Business Owners: November 4, 2019

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. 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 TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Welcome to the Terms of Use (“Terms”) of Monday People Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase-III Gurgaon -122002 (“Company”, “We”, ”Us”, or “Our”). The Company is in the business of connecting individuals with potential employers. (“Service”).

By accessing or using the website available at peppl.com and any subdomains (“Website”) and Our BUSINESS mobile application available on Android and iOS platforms (“Application”).

Your agreement with Us includes these Terms and the Privacy Policy available on the Platform (collectively “Agreement”).

The Website and Application are collectively referred to as “Platform”

The expressions “You” “Your” or “User” refers to any person who downloads, accesses or uses the Platform for any purpose.

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.

1. AMENDMENT TO THE TERMS 

If You do not agree with these Terms or any provisions in the Agreement, then please refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms and/or Agreement. Your continued use of the Platform will be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.

2. ELIGIBILITY CRITERIA

The User represents and warrants that she/he has the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.

If You register on behalf of a business entity, You represent that: (a) You have the authority to bind the entity to these Terms and/or this Agreement; (b) the address You use when registering is the principal place of business of such business entity; and (c) all other information submitted to the Company during the registration process is true, accurate, current and complete.

As such, natural persons below 18 years of age shall not register on the Platform and shall not transact on or use the Platform. If You are a minor i.e. under the age of 18 years, who is responsible or operating or functioning a business establishment, You may use the Platform only if You have been specifically authorized by Your relevant business establishment.

The Company reserves the right to terminate a User’s membership and/or refuse to provide User with access to the Platform if it is brought to the Company’s notice or if it is discovered that the User is under the age of 18 years and does not have the requisite authorization.

3. GENERAL DISCLAIMER

3.1. By use of the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
3.2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.

4. CODE OF CONDUCT

No User shall host, display, upload, modify, publish, transmit, update or share any information that:

a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonates another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
j. is forged, false and/or misleading

5. REGISTRATION PROCESS

The User shall provide their email address or mobile number for registering as a member on the Platform (“Member”). We shall send a one-time password (“OTP”) to the mobile number or the email address provided by the User. On completion of verification of mobile number or email address. The User needs to submit information that may include some or all of the following:

i. Full name of the person or individuals accessing the Account on behalf of the establishment;
ii. Registered name of the business entity (if applicable);
iii. Entity Type (LLP/Sole proprietorship/Partnership/Company etc.) (if applicable);
iv. Valid mobile number and email address, all communication with the User shall be conducted through the contact number and email address provided;
v. Physical address of the User’s business headquarters and/or establishments for which the recruitment will be done using the Application; and
vi. GST Number (if applicable)

If any information or document proofs thereof required by the Company are not submitted by a User, We reserve the right to deny the User access to the Platform.

On providing information in the format and medium as requested by the Company and verification of the email address and mobile number, the Company will establish an account for the Member (“Account”) which shall be governed by these Terms.

A Member shall select her or his password to access her or his Account on the Platform and shall be responsible for safeguarding it. We recommend that You use a strong password and not disclose Your password to any third parties.

You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account. We shall take no responsibility for any liabilities incurred because of misuse of Your Account or its password.

5.1. Membership Fee

By paying the membership fee (“Membership Fee”) in accordance with the details provided in the Membership Plan made available on the Platform (“Membership Plan”), the Member shall have the opportunity for the duration of the selected Membership Plan to avail the Services as provided by the Company through the Platform including but not limited to posting a job vacancy on the Platform that can be viewed by Potential Employees who meet the Member’s criteria and being able to communicate with them once they accept the Member’s interest or show interest in the Member’s job vacancy post.

The Membership Fee shall be completely non-refundable under any circumstances except in the case of promotional offerings as stated in Clause 5.2.

Each Member may set up only one Account. We do not allow a Member to register multiple Accounts. Further, You shall not create a new Account in case We suspend Your Account for any reason whatsoever. We reserve the right to terminate all Accounts You may have registered with Us if it is brought to Our notice that You have set up more than one Account.

5.2. Promotional Offering

Notwithstanding clause 5.1 (above), as a promotional offering , the Company may at its sole discretion, for a period no longer than 6 (six) months (“Offer Period”), provide the Member with the opportunity to use the Platform after payment of Membership Fee that shall be refundable during the Offer Period without any conditions whatsoever to the extent of monies available in the Member Account. The Company shall deduct amount from the Member’s Account for each Service provided by the Company through the Platform during the Offer Period as against one time deduction for the entire duration of the selected Membership Plan. . In order to be eligible for the benefits of the Offer Period, the Member must, by following the instructions on the Application, inform the Company within 30 (thirty) days of posting the job vacancy if one or more of the Potential Employees interviewed by the Member joined the Member’s organization. The Member must also provide feedback for every such Service delivered by the Company by following the instructions on the Application. Such Member shall have the option to make zero payment, partial payment or full payment for each such individual Service basis the feedback and experience of the Member on the Platform. The partial price and full price for every such Service shall be determined by the Company at its sole discretion. The Company shall deduct the Membership Fee to the extent selected by the Member from the payment options listed on the Application for each Service. At any point during the Offer Period, the Company may at its sole discretion remove the option of providing zero payment and/or partial payment to the Member. The Member shall however be entitled to an unconditional refund to the extent of monies available in the Member Account paid by the Member as Membership Fee for the use of the Platform. There shall be no refund after the duration of the Offer Period and the balance available in the Member’s account shall be adjusted against the future services that shall be provided by the Company during the remaining period of the Membership Plan selected by the Member at the time of making the payment of Membership Fee.

6. REPRESENTATIONS AND WARRANTIES OF THE MEMBER

The Member represents and warrants that:

6.1. All information and details such as email address, phone number, business name etc. that are shared with Us through the Platform or the representatives of the Company are true, accurate and up to date.
6.2. The Member shall only access the Platform if she/he is looking to hire a Potential Employee and shall not mislead the Potential Employee with irrelevant or misleading information regarding the job;
6.3. The Member shall not submit multiple job postings for the same job vacancy. Each job vacancy shall be active on the Platform for a period of (30) thirty days from posting and there shall be no replication to avoid confusion;
6.4. The Member shall use the Platform for the sole purpose to hire Potential Employees for the job postings listed by the Member on the Platform and not for any other purpose;
6.5. The Member shall not download any profile or information of the Potential Employee;
6.6. The Member shall inform the Company once a Potential Employee has accepted the offer made by the Member or the Member’s organization and has joined it as a full time employee or part time employee or contractual service provider or intern by following the instructions on the Platform or the Application.
6.7. The Member shall not and shall ensure that no other representative of the Member’s business organization exploits any Potential Employee who has been shortlisted for an interview or otherwise in a sexual, violent, abusive, condescending or any other manner;
6.8. The Member shall contact or use information of Potential Employees only for the purpose of recruitment and not for any other reasons;
6.9. The Member shall enter the identity number provided by the Potential Employee and any other information requested before, during or after the interview to confirm attendance of the Potential Employee and verify her/his identity; and
6.10. The Member agrees and understands that the Company is merely a facilitator and shall not be responsible for any actions or inactions of the Potential Employee.

7. MEMBER RELATIONSHIP WITH THE COMPANY

The Company is a mere facilitator between the Member and the Potential Employee. The acceptance and/or rejection of the job and the terms of the job is in the sole discretion of the Member and/or of the Potential Employee. The Company cannot be held liable for the same in any manner.

8. TERMINATION

If a Member ID is not reactivated for a period of 3 (three) years, the Company reserves the right to, at its sole discretion, permanently delete the Member ID and all information associated with it.

The Company may suspend or terminate Member’s access to the Platform at any time if:

8.1. The Company believes, in its sole and absolute discretion that the Member has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement or anyway otherwise acted unethically towards Potential Employees before, during or after the job interview or otherwise; or
8.2. The Company determines, by using methodologies, sources and/or proofs available to it at its absolute sole discretion and whether or not as a result of a complaint by a Potential Employee, that the Member or the Member’s business organization exploited a Potential Employee who was shortlisted for an interview or otherwise in a sexual, violent, abusive, condescending or any other disrespectful manner; or
8.3. The Company determines, by using methodologies, sources and/or proofs available to it at its absolute sole discretion and whether or not as a result of a complaint by a Potential Employee, that the Member or the Member’s business organization have engaged in unprofessional behaviour with Potential Employee(s) including but not limited to scheduling interviews and turning Potential Employees back from the interview venue, changing interview address without informing Potential Employee(s), making Potential Employee(s) wait for over two (2) hours, asking personal questions during the interview that are unrelated to the job vacancy.
8.4. The Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms; or
8.5. The Company determines, by using methodologies, sources and/or proofs available to it at its absolute sole discretion, that the Member or the Member’s organization has undertaken activities on social media or real life that may directly affect the Company’s brand, reputation or business.

9. USE OF YOUR PERSONAL INFORMATION

In the course of User Registration on the Platform and use of the Platform, the User may be asked to provide certain personal information to Us. The Company’s information collection and use policies with respect to the privacy of such information are set forth in the Privacy Policy available on the Platform.

10. NO GUARANTEES

Among other things, the Company does not guarantee that:

a. The Platform will meet the User’s expectations; or
b. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
c. The results obtained through the use of the Platform will be correct and reliable; or
d. The Member shall be connected to or discover a Potential Employee who meets with the job criteria posted by the Member

No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

11. DISCLAIMER AND LIMITATION OF LIABILITIES

THE COMPANY IS MERELY A FACILITATOR. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

12. INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by User pursuant to these Terms or Privacy Policy.

13. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

14. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of New Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).

16. DISPUTE RESOLUTION

If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party’s performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty five (45) days of either party sending a notice (in accordance to Clause 17) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in New Delhi, India. Such sole arbitrator shall be appointed by the Company.

17. NOTICES

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to Monday People Private Limited, 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase III Gurgaon – 122002 , Haryana or by email to reachout@peppl.com

All notices or demands to or upon a Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the Registered User on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

Notice to a Registered User shall be deemed to be received by such Member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

18. MISCELLANEOUS

18.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
18.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and recorded.
18.4. Mr. Rakesh Bajaj is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Monday People Private Limited, 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase III Gurgaon – 122002, Haryana or through an email signed with electronic signatures sent to reachout@peppl.com.

Monday People Private Limited

Terms of Use

for CANDIDATES

Effective Date of the current Term of Use for Candidates: November 4, 2019

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. 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 TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Welcome to the Terms of Use (“Terms”) of Monday People Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase III, Gurgaon – 122002 (“Company”, “We”, ”Us”, or “Our”). The Company is in the business of connecting individuals with potential employers. (“Service”).

By accessing or using the website available at peppl.com and any subdomains (“Website”) and Our mobile application available on Android and iOS platforms (“Application”). You agree to be bound by these Terms.
Your agreement with Us includes these Terms and the Privacy Policy available on the Platform (collectively “Agreement”). The Website and Application are collectively referred to as “Platform”.
The expressions “You” “Your” or “User” refers to any person who downloads, accesses or uses the Platform for any purpose.

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.

1. AMENDMENT TO THE TERMS 

If You do not agree with these Terms or any provisions in the Agreement, then please refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the ’LAST UPDATED’ at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.

2. ELIGIBILITY CRITERIA

User(s) represent and warrant that they have the right to access or use the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Platform. As such, natural persons below 18 (Eighteen) years of age shall not register as a Member on the Platform and shall not download, access or use the Platform.
The Company reserves the right to terminate a User’s membership and/or refuse to provide User with access to the Platform if it is brought to the Company’s notice or if it is discovered that the User is below the age of 18 (Eighteen) years.

3. GENERAL DISCLAIMER

3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
3.2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.

4. CODE OF CONDUCT

Users shall not host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonates another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

5. MEMBER REGISTRATION PROCESS

5.1. Registration

A User who is looking for employment from any person, establishment etc. (“Potential Employer”) may create an account on the Platform. To initiate the registration process, We shall send an one-time password (“OTP”) to the contact number provided by the User. The User may also register through their Facebook account, on registration the User consents that the information on the Facebook account shall be accessed by the Company and viewed by Potential Employer or any other such persons for the same. On successful verification of the mobile number or registration through Facebook, the User shall share certain specific information and details (not limited to name, age, photograph, address, financial wallet, credit card or bank account information, past employment details, etc. as further listed in the Privacy Policy) as requested by the Company through the Platform or its representatives. The User understands and agrees that the information shall be complete, true, correct and accurate. The information provided by the User shall be used for verification process (mentioned in Clause 5.2 below) by the Company and to match the Member with potential employment opportunities.
The User may share their social media profiles such as but not limited to Facebook and LinkedIn with Potential Employers by following the instructions on the Platform.

5.2. Verification Process

On the User submitting the complete information and details as requested by the Company through the Platform or direct communication with representatives of the Company, We on Our sole discretion may commence the verification process which may be a physical verification of the information or through any other means as We may see fit. BY PROVIDING THE INFORMATION, THE USER GIVES SPECIFIC RIGHT TO THE COMPANY TO PERFORM SUCH VERIFICATION.
The Company may at its sole discretion conduct a detailed background verification including but not limited to ID verification and/or job claims verification and/or criminal record verification with/without the request of Potential Employer of the User either by itself or through any third party vendor as it sees fit. In case of police verification, the Company shall obtain the consent of the User. Notwithstanding anything contained herein, the background verification process may or may not be undertaken at the Company’s sole discretion. The date and time for the physical verification (if applicable) would be intimated to the User 24 (twenty-four) hours prior. Representatives of the Company may meet the User in person and check the identity proof such as Aadhar Card or any other identity proof of the User as the case may be. The Company reserves the right to ask for any additional information or documentation during the process of verification. On successful completion of the verification process or on successful verification of contact number, the Company shall at its sole discretion register the User as a member on the Platform (“Member”). The Member shall be assigned a user name (“Member ID”). For an interview with Potential Employer to be counted as “attended” the Potential Employer shall enter the first 6 (six) digits of Aadhar Card of the Member in the Platform. The duty of ensuring that the entry is completed by the Potential Employer/interviewer lies with the Member. If the same is not complied with then it will be counted as an absence from the interview even if the Member was actually present at the interview.

5.3. Membership Fee

By paying the membership fee (“Membership Fee”), if applicable, in accordance with the details provided in the membership plan (“Membership Plan”) made available on the Platform, the Member shall have the opportunity for the duration of the selected Membership Plan to avail the Services as provided by the Company through the Platform including but not limited to being matched for jobs that meet the Member’s skills and/or preferences criteria. The Membership Fee shall be completely non-refundable under any circumstances.

5.4. Deactivation of Member ID

The Member may deactivate the Member ID by not paying the applicable Membership Fee. The Member ID can be reactivated at any time by paying the Membership Fee within a specified period determined by Us. If a Member ID is not reactivated for a period of 3 (three) years, the Company reserves the right to, at its sole discretion, permanently delete the Member ID and all information associated with it.

The Member’s ID may on the sole discretion of the Company but not restricted to shall be deactivated permanently or temporarily due to the following reasons:
i. On failure of verification of ID or job claim;
ii. In case of proof during the process of verification or on a later period of any criminal record or failure to successfully complete police verification;
iii. In case of complaint and proof by a Potential Employer for misbehaviour by a Member before, during or after the interview;
iv. Any activities undertaken on social media or real life that may directly affect the brand, reputation or Our business;
v. Prolonged & repetitive behaviour of accepting interviews but not attending the same; and
vi. The Member’s profile rating falls below the rating specified by Us, then We may at our sole discretion deactivate the account temporarily for a period as determined solely by Us. The Company has the sole discretion to decide on the criteria/factors based on which the Member shall be rated. 

6. REPRESENTATIONS AND WARRANTIES OF THE MEMBER 

The Member represents and warrants that:
6.1. All information and details such as but not limited to email address, phone number, name, photograph, etc. that are shared with Us through the Platform or the representatives of the Company are true, accurate, up to date, and the Member shall in a timely manner update the current employment information and details on the Platform either directly or through Our representatives;
6.2. The Member shall, on being informed about the time for the verification if applicable, ensure availability of herself/himself as per the date and time confirmed;
6.3. The Member shall ensure that all original documentation and identification proof is made available, if required, to ensure timely verification;
6.4. The Member shall not mislead the Potential Employer or the Company/its representatives with false/forged or inaccurate information;
6.5. The Member shall not apply for a job for which such Member was interviewed and rejected by the Potential Employer;
6.6. The Member shall use the Platform for the sole purpose of applying for jobs made available on the Platform and not any other purpose;
6.7. The Member shall attend the interviews for the shortlisted jobs in a timely manner, dressed appropriately and shall update on the Platform any required information such as feedback about the interview and selection process;
6.8. The Member shall update her/his profile information on the Platform on accepting any job;
6.9. The Member shall conduct herself/himself in a diligent workmanlike manner at the interview for the job; and
6.10. The Member agrees and understands that the Company is merely a facilitator and shall not be responsible for any actions or inactions of the Potential Employer or the Member.

7. MEMBER RELATIONSHIP WITH THE COMPANY 

The Company is a mere facilitator between the Member and the Potential Employer. The acceptance and/or rejection of any job and the terms of the job are at the sole discretion of the Member and/or the Potential Employer. The Company cannot be held liable for the same in any manner.

8. TERMINATION

The Company may suspend or terminate Member’s use of the Platform:
8.1. if it believes, in its sole and absolute discretion that the Member has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement or anyway otherwise acted unethically either during the job interviews or otherwise;
8.2. if it is brought to the Company’s notice or if it is discovered that the Member is under the age of 18 (eighteen) years;
8.3. We shall deactivate any dormant Member ID which has not been accessed for a period of 3 (three) years; or
8.4. if the Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.

9. USE OF YOUR PERSONAL INFORMATION

In the course of registering as a Member on the Platform or the use of the Platform, the User may be asked to provide certain personal information to Us. The Company’s information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available on the Platform.

10. NO GUARANTEES 

Among other things, the Company does not guarantee that:
a. The Platform will meet the User’s/Member’s expectations; or
b. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
c. The results obtained through use of the Platform will be correct and reliable; or
d. The Member shall be interviewed or selected for a job through the Platform/Member’s use of the Platform.
No guidance or information, written or oral, obtained from the Company or via the Platform, that has not specifically been stated in these Terms, shall constitute any warranty.

11. DISCLAIMER AND LIMITATION OF LIABILITIES

THE COMPANY IS MERELY A FACILITATOR. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

12. INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by User pursuant to these Terms or Privacy Policy.

13. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

14. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of New Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).

16. DISPUTE RESOLUTION

If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party’s performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty five (45) days of either party sending a notice (in accordance to Clause 17) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in New Delhi, India. Such sole arbitrator shall be appointed by the Company.

17. NOTICES

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to: Monday People Private Limited, 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase III, Gurgaon – 122002, Haryana or by email to reachout@peppl.com. All notices or demands to or upon a Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by the Registered User on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

Notice to a Registered User shall be deemed to be received by such Member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

18. MISCELLANEOUS 

18.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
18.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or recorded.
18.4. Mr. Rakesh Bajaj is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at: Monday People Private Limited, 18th Floor, Tower A, Building No. 5, DLF Cyber City, DLF Phase III, Gurgaon – 122002, Haryana or through an email signed with electronic signatures sent to reachout@peppl.com.