Terms of User Agreement

Your use of services offered by Nashrah Solutions Private Limited (referred to Services in this document) is subject to the terms of a legal agreement between you and Nashrah Solutions Private Limited. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The name 'Worxport' has been used interchangeable with 'www.worxport.com'.

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms of Use. You can accept the Terms by :

Clicking to accept or agree to the Terms, where this option is made available to you in the user interface; or

Actually using the Services. In this case, you understand and agree that Nashrah Solutions Private Limited will treat your use of the Services as acceptance of the Terms from that point onwards.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now” “Join”, “Sign Up” or similar, registering, accessing or using our services through related mobile apps, developer platforms, services, or any content or information provided as part of these services, collectively, (“Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).

Registered users of our Services are “Members” and unregistered users are “Users” or “Visitors”.

This Agreement applies to both.

1- Eligibility to use Services

You, if an individual, must be 18 or above, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to be a member or to use the Website and Services. You, if a company, partnership firm, trust or any other juristic person (except an individual) must have the capacity to form a binding contract in your jurisdiction. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Website that you will use website in a manner consistent with any and all applicable laws and regulations.

2 - Provision of the Services being offered by Worxport

Worxport is constantly evolving in order to provide the best possible experience and information for its users. You acknowledge and agree that the form and nature of the Services which Worxport provides may change from time to time without prior notice to you.

As part of this continuing process, you acknowledge and agree that Worxport may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Worxport's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Worxport when you stop using the Services.

You acknowledge and agree that if Worxport disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while Worxport may not currently have set a fixed upper limit on the number of download, upload, transmissions you may send or receive through the Services, such fixed upper limits may be set by Worxport at any time, at Worxport's discretion.

By using Worxport's services you agree to the following disclaimer:

Worxport disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated.

Worxport reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Unless stated otherwise, all pictures and information contained on this website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock.

Worxport disclaims any responsibility and liability for any kind of accuracy and content verification of the job assignments/projects listed on Website; and also disclaims validity and authenticity of data provided in profiles, background check, reference check of the profiles/ candidatures provided. It is the sole responsibility of the Client/Opportunity Provider to undertake background and reference check of the candidates hired at its own discretion and cost.

3 - Specific Use of the Services by You

The website offers the Services of providing platform through electronic and other means to the prospective clients and companies (hereinafter referred as “Opportunity Providers”) to share and post their potential requirements, project / recruiting assignments. The sourcing agents, part time recruitment partners, small recruiter firms and freelancers (hereinafter referred as “Skill Providers”) can avail the website Services by sharing, posting and publish the profiles and availability of candidatures against the above stated listing/postings of assignments.

In order to access Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Worxport will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You are bound to use the information, listings owned by Worxport (as available on the website only for agreed purposes with and through Worxport and not for any other commercial use unless agreed to with Worxport in writing.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Worxport, unless you have been specifically allowed to do so in a separate agreement with Worxport. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Unless you have been specifically permitted to do so in a separate agreement with Worxport, you agree that you will not reproduce, duplicate, copy, sell, trade or resell or misuse for your commercial interest the Services for any purpose.

You agree that you are solely responsible for (and that Worxport has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Worxport may suffer) of any such breach.

You agree to the use of your data in accordance with Worxport 's Privacy Policy.

4 - Registration Process

The User to be entitled to avail the Services shall have to complete the registration process (“Registration Process”) The indicative process is listed as below :
A. For Skill Providers :
  • The Registration Process may involve simple registration as initial stage and detailed profile registration complete Skill Profile with activated account at later stage.
  • Simple registration is mandatory for Skill Providers and requires the Skill Providers to provide certain basic information about them such as name, industry, contact details and accordingly create an Account.
  • In the Account the Skill Provider will give the detailed Skill Profile for the website. Skill Provider understands and agrees that the Website will screen and verify the information provided by the Skill Provider in the complete Skill profile and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient. After the screening and verification of the information provided by the Skill Provider, the Website may allow the Skill Provider apply for listings of projects / recruiting assignments.
B. For Clients/Opportunity-Providers:
  • The Registration Process may involve simple registration. Simple registration is mandatory for the Opportunity-Provider and requires the Opportunity-Provider to provide certain basic information about itself such as company name, name of the authorised person and industry description and accordingly create an Account. Simple registration entitles the Opportunity Providers to avail Services.
  • After the simple registration is completed, the Opportunity-Provider is required to fill listings of projects / recruiting assignments any time within the term of this Agreement by providing detailed information as requested in the Account for screening and verification and after such screening and verification by Worxport, the Opportunity Provider’s listings of projects / recruiting assignments will be listed on the website.
  • The Opportunity-Provider understands and agrees that the Website may screen and verify the information provided by the Opportunity-Provider and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.
  • Notwithstanding anything contained of this Agreement, the Website may at its sole discretion, post the details of the Opportunity Provider, for any of its promotion scheme.

Once the above assignments, postings, profiles submitted by Skill Providers against the listed projects/assignments on the website, the Worxport team will make necessary screening, verification etc., if necessary, before submitting to the opportunity providers.

Worxport reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any profile, projects and assignments and its Service.

You agree that you are solely responsible for (and that Worxport has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Worxport may suffer) by doing so. Worxport will not be held liable for any assurance, guarantee for making any payment or fees or commission with respect to the Services provided/availed towards the Skill Providers unless the same are in conformity with the terms of this Agreement and subject to the satisfaction of due requirements by Nashrah Solutions Private Limited and/or with clients.

Skill Provider also undertake and agree that the candidates hired/provided with the assignments will have to be bound by the terms of the contract of their engagement/assignment and any early termination, resignation, premature disengagement,which would lead Worxport to provide any loss to office or commission fee and/or cost for providing replacement for the said premature assignment would be borne by the Skill Provider.

Auto renewal

All memberships, subscriptions, at the sole discretion of the Website, will automatically renew to ensure that services are provided to Members on a continuous basis. The Website is under no obligation to send personal notices to each of its Members.

5 - Restrictions on use

Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website :

  • for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
  • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
  • that is defamatory, libelous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  • that is false or misleading; or
  • that harasses or advocates harassment of another person.

Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Specific restrictions on rights to Use
In addition to the above, the Users shall not :
  • Use the posting, profiles, assignment listings available at the Website through their independent mode for commercial reasons unless specifically agreed in writing by Worxport.
  • modify, adapt, translate, or reverse engineer any portion of the Website and/or Services.
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service.
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use.
  • collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than to solicit applications for project / recruiting assignments listings.
  • reformat or frame any portion of the web pages that are part of the Website and/or Service.
  • create user accounts by automated means or under false or fraudulent pretenses.
  • create or transmit unwanted electronic communications such as “spam” to other Users or Members
  • of the Website and/or Service or otherwise interfere with other User’s or Member’s enjoyment of the Website and/or Service.
  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Website.
  • transmit any viruses, worms, defects, trojan horses or other items of a destructive nature.
  • use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.
  • copy or store any content offered on the Website for other than Your own use.
  • take any action that imposes, or may impose in the Website’s sole discretion, an unreasonable or disproportionately large load on the Website’s IT infrastructure.

6- Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by Worxport on the Services are subject to change without specific notice to you.

In consideration for Worxport granting you access to and use of the Services, you agree that Worxport may place such advertising on the Services.

7- Remedies with the Website

You understand and agree that the Website may review any content or project / recruiting assignments listing and in case the Website finds, in its sole discretion, that the User violates any terms of this Agreement, the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the Membership of such violators and/or blocking their use of the Website and/or Service.

The Website shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all the Users, the Website reserves the right to limit the amount of data (including resume views) that may be accessed by them in any given time period. These limits may be amended in the Website’s sole discretion from time to time.

8- Liability of the Skill Providers

The Skill Providers likely to be engaged or engaged with Worxport on need basis and/or on part-time basis are under absolute obligation to take due consent from their exiting engagement/contractor/employer and ensure due compliance with their existing arrangement with their respective employment and contracts if any. Worxport in no circumstances would be held liable to entertain any such compliant, loss of work and risk from their other contractual obligations.

As Skill Provider you acknowledge and agree to ensure the correctness and accuracy of the data provided in the profiles and take the specific confirmation, consent and approval from the candidates before posting their profiles against the assignment/ posting on the website. You agree to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) Your default in complying with any of the above requirement of the terms (ii)access to the Website, (iii) Your use of the Services, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

9- Proprietary Rights

You acknowledge and agree that Worxport (or Worxport's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Worxport and that you shall not disclose such information without Worxport’s prior written consent. Unless you have agreed otherwise in writing with Worxport, nothing in the Terms gives you a right to use any of Worxport 's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by Worxport, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10- Indemnity

You agree to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) Your access to the Website, (ii) Your use of the Services, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

11- Exclusion of Warranties

Nothing in these terms, shall exclude or limit Worxport 's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available".

In particular, Worxport, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

Your use of the Services will meet your requirements,

Your use of the Services will be uninterrupted, timely, secure or free from error,

Any information obtained by you as a result of your use of the services will be accurate or reliable, and

That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Worxport or through or from the services shall create any warranty not expressly stated in the terms.

Worxport further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

12- Limitation of Liability

Subject to overall provision paraphrased above, you expressly understand and agree that Worxport, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of Any reliance placed by you on the completeness, accuracy or existence of any recruitment, hiring, advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services.

Your failure to keep your password or account details secure and confidential.

13- Governing Law

This Agreement will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of this Agreement may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and irrevocably submit themselves to the jurisdiction of such courts / tribunals.

14- Miscellaneous

Replacement – The Website reserves the right with the

Assignability - The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Website.

Waiver - Failure by the Website to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Force Majeure - The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared),civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Links to third party sites - The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website and the Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or

updates to a Linked Site. The Website is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Website is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Website is not responsible for any errors, omissions or representations on any Linked Site. The Website does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.