Boonindia.ai (the “Site”) and the Licensed Mobile Application for Accessing the Site (including all associated media and online or electronic documentation) (“the Application”), are owned and operated by Boon Infomate Private Limited (“Company”). The company is an intermediary as defined under section 2(1)(w) of the information technology act, 2000. The Site and Application are hereinafter collectively referred to as “Platform”. For the purposes of the Terms of Use, “You" shall mean the person who is accessing the Platform.

The Company makes available its services and products to you, through the Platform on the condition that you abide by these Terms of Use (hereinafter referred to as “Terms of Use”), as updated from time to time. If you do not accept the Terms of Use or you do not meet or comply with their provisions, you should not use or access the Platform and/or avail of the Company’s services or products via the Platform.

The Platform is made available for use only by: (a) individuals who are searching for overseas job opportunities and vacancies and/or are interested in availing of other career enhancement services which are provided might be provided by the Company (“Job Seekers”); and (b) by individuals and/or organizations desirous of making available information pertaining to job vacancies by overseas recruitment agencies licensed by Ministry of External Affairs and acting for multiple employers / organizations based in various international locations in order to fill the job vacancies available with those employers/organizations (“Recruiters”). Job Seekers and Recruiters as hereinafter collectively referred to as “Users”. The Platform is intended to serve only as a preliminary medium of contact and exchange of information between the Users, who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services (“Purpose”).

The Terms of Use constitute a binding legal agreement (“Agreement”) between you and the Company. To the extent that you are accessing this Platform in your capacity as a representative of or as an employee of, a Recruiter, you represent and warrant that you are agreeing to these Terms of Use on your own behalf as well as on behalf of the Recruiter and have the authority to bind such Recruiter to this Agreement. Your access to or use of the platform, any part thereof or use and/or downloading of any content available on it, indicates your acceptance of these terms of use and is contingent on your compliance with the terms of use. You agree to use the platform of your own free will and at your own risk.

By using and accessing the platform, you represent and warrant that: a) you are competent to enter into a valid binding contract as per Indian law; and b) you are eligible to conduct the Purpose lawfully.

The Platform and the services and products offered via the Platform (which includes both paid and free services/ products) are meant for only for legitimate and lawful uses which fall within the scope of the Purpose. The Company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not. The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:

• Illegal access to the data including profiles, curriculum vitae, photographs and/or graphics, available on the Platform and/or any services or products of the Company.
• Gaining or attempting to gain unauthorized access, using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;
• Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network
• Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof.
• While using, registering on and/or creating a profile on the Platform you undertake to provide only true and correct information and further undertake to, at all times, keep the information up to date. Users are prohibited from impersonating or masquerading as any other person, whether living or dead. The Company reserves the right to remove/suspend any content or profile which is violative of these Terms of Use including any profile providing false, incorrect, incomplete or outdated information.

You are requested not to share passwords to your account(s) on the Platform with any other individual /entity and be responsible in what you post.

If you have registered on the Platform, the safety and security of your log-in credentials (i.e. your account access information and passwords) is your responsibility. You should not share your log-in credentials with any other person.

The Platform may make available links to other websites. When you click on such links, you may leave our Platform. These links are provided solely as convenience to you and the presence of these links shall not under any circumstances be considered as an endorsement of the contents of the same by the Company. The Company is not responsible for the content on such linked third-party websites and does not make any representations relating to the content on such websites. If you chose to access these websites you do so at your own risk.

You agree that any reliance on content or information posted on the platform including by other users, or on any other form of communication or interaction with other users, will be at your own risk. Users are requested to conduct independent checks before proceeding with any transaction or exploring any employment opportunity, based on the data available on the platform. The company does not guarantee the authenticity, nature and/or quantum of the responses to any post or application uploaded by a user or that there will be any response at all.

All or any decisions made would be entirely your prerogative and company does not claim to offer any advice, either legal or financial, neither does it provide any guarantees or warrantees.

You are requested to respect our proprietary rights and brands. All rights, title and interest in and to the Platform including the intellectual property rights therein, which shall include but not be limited to proprietary database, trademarks, service marks, logo, copyright, know-how in and to the Platform, and any copies You are permitted to make herein, are owned by the Company and is protected by applicable laws. You are granted a limited, revocable, personal license to use and access the Platform for the Purpose, provided that you are at all times in compliance with these Terms of Use. Users shall under no circumstance sublicense, assign, or transfer the license, and any attempt at such sublicense, assignment or transfer is void. No rights are granted to you other than a limited permission to use the Platform upon the terms expressly set forth in these Terms of Use. Any misuse of the Platform or the Company’s intellectual property for a competing business or in any other manner whatsoever shall be actionable by the Company. The structure, sequence, organization and source code of the Platform are valuable trade secrets and copyright of the Company.

By opting to access the Site and use the services, you hereby acknowledge and agree that any information or material provided to the Company will be deemed NOT to be confidential and proprietary to you. By providing the Company any information or other material, You grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, transferrable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information, and You also agree that the Company is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. You further agree that such license would not lapse in any circumstances, notwithstanding the provisions of any law in force, including without limitation, the Indian Copyright Act, 1957. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of any such material or information.

The above provisions and rights granted regarding title and intellectual property rights associated with the Platform shall survive termination of these Terms of Use.

You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.

By accepting these terms of use, you agree to indemnify and otherwise hold harmless company, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the platform including but not limited to information provided by you or any other matter relating to the platform.

Company may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the platform (or any part thereof) for any reason, including, without limitation, that the company based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms of use.

In the event of suspension or termination of services, any limited rights granted to you under these terms of use shall revert to the company for all purposes. Further, you will return to the company, any unused data or information in your possession, with immediate effect. The terms of use shall apply to any data or information to which you had access prior to the said suspension or termination and any abuse or misuse thereof, shall be actionable in accordance with the terms of use. [during and beyond the validity of this agreement, you shall treat any proprietary data (including without limitation, the pricing terms, information relating to our services and beta stage trials etc.) Shared with you as confidential, if it was understood as confidential by the nature of the information or the circumstances of the disclosure.]

If any dispute arises between a User/Users and Company arising out of use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The decision of the arbitrator shall be final and binding on both the parties to the dispute. The venue and seat of arbitration shall be Hyderabad, India. The Arbitration & Conciliation Act, 1996 as amended or by any successive legislations, shall govern the arbitration proceedings.

The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the Platform site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.

These Terms of Use shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in Hyderabad, India.

These terms of use as amended from time to time constitute the entire agreement between you and company regarding the platform. These Terms of Use supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You.

No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms of Use shall form part of these Terms of Use.

The access to this Platform is being providing only to You, for your own use in accordance with these Terms of Use You may not assign or delegate your rights under these Terms of Use or the limited license that has been extended to you, and any assignment and/or delegation of these Terms of Use or any sub licensing by you will be null and void, in case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.

Services are provided on an AS IS and AS AVAILABLE basis, however, there are no server uptime guarantees.

Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services or non-availability of services or certain features thereof. Due to a high incidence of credit card fraud, your services purchased online using a credit card may not be activated without a proper verification.

You may contact us by approaching us at any of the following email addresses depending on the nature of the query/ complaint that you wish to address to us:

• General queries related to the functioning of the website: support@boonindia.ai
• Fraudulent listings on the Site or complaints related to the content may be reported at: compliance@boonindia.ai

By creating a jobseeker account on the Platform, you agree to:

• Making your resume searchable to all Users of the Platform who subscribe to BoonBio (Resume Database Access) (“Subscribers”). You may be contacted by Subscribers via email, telephone and/or post. We recommend that you read the privacy settings carefully to make your profile accessible to recruiters/ employers as per your preferences. The Site will not be held responsible for contacts/mails received by you. Your profile shall be accessible with restrictions to unregistered users as well, however, they shall not be able to contact You.
• Receive job alerts (messages detailing jobs that match your profile as entered on the Platform) via email/SMS or any other mode. You may remove Yourself from the job alert database by resetting this option in the Privacy Setting section of Your resume
• The data/information fed by You is true and correct in all respects. You will not disseminate false/objectionable/offensive material using these services or any material which is violative of the Terms of Use of the Platform
• You shall use the services exclusively for the purposes of bona fide job applications; Usage of the interface on the Platform for any other purpose is strictly prohibited. Please note that The Platform may reach out to You, based on the interests expressed by You while using the Platform.
• When You indicate your interest in a job listing on the Platform, you are sending your CV and application information including relevant documents to the Platform, and you are requesting and authorizing the Platform to make available such application/ information to the applicable advertiser(s) for such job listing(s).
• By using the Platform, you agree that the Company is not responsible for the content of the Recruiter/employer’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
• You consent to your application, documents and any responses sent to you by the Recruiter/employer or vice versa through the Platform being processed and analyzed by the Company according to these Terms of Use and the Platform’s Privacy Policy. The Platform shall store and process such information regardless of whether a job vacancy has been filled. The Platform may use your application materials (including public CVs and responses to employer’s questions) to determine whether you may be interested in a job listing, and the Platform may reach out to you about such job listing.
• Information you post in public areas of the Platform or applications or make visible in the resume and profile database, may be accessed, used, and stored by others around the world, including those in countries that might not have a legislation that guarantees adequate protection of personal information as defined by your country of residence. While the Platform takes measures to safeguard your information from unauthorized access or inappropriate use, the Platform does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of the Platform or to a public website.
• The Company merely offers a platform, therefore the Company neither guarantees nor offers any warranty about the credentials, Bonafide's, status or otherwise of the prospective Recruiter/employer/organization which downloads the resume/ insertion or information/data and uses it to contact you.
• The Company will not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by You due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
• Users are requested to conduct independent checks before proceeding with any transaction or exploring any employment opportunity, based on the data available on the platform. The Company assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which you may do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ data being fed into the network system of the Platform.
• We encourage users to visit www.emigrate.gov.in, a platform maintained by Ministry of External Affairs, Government of India to streamline the legal migration of Indians for overseas employment opportunities

By creating a recruiter account on the Platform, you agree to:

• The services provided to You are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence.
• Posting jobs without authorization from E-Migrate (Ministry of External Affairs, Government of India) and from the end employer is an incorrect practice and is prohibited. We reserve the right to terminate services, without prior notice, to the originator of spam. No refund shall be admissible under such circumstances.
• You undertake that the jobs sought to be advertised on any section of the Platform or job opportunities with regard to which candidates are contacted through the BoonBio database are in existence, genuine and You have the authority to advertise or act as a recruiter to ensure that the job vacancies are closed.
• A User shall be subject to Quotas as applicable and as advised. The number of transactions i.e. CV access/views/downloads/job postings per day shall also be restricted as per the current prevalent limit per log in, each log in is required to be specific to identifiable one individual user alone.
• You shall ensure compliance with all applicable laws for the protection of the personal details of the users whose profiles are accessed by You through the Platform, including but not limited to compliance with any laws/regulations relating to unsolicited communications etc, the Telecom Commercial Communications Customer Preference Regulations.
• You will comply with all applicable data protection laws and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
• You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable under GDPR or any other applicable Data Security law) in an expeditious and compliant manner
• The onus of any misuse of personal details accessed through your account lies on You. Access to services subscribed by You may be availed of and extended to authorized personnel only i.e. persons who are bound by employment agreements and confidentiality agreements.
• You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes which in any case shall not exceed 90 day (in the case of response to a listing 180 days) and thereafter destroy these. The Company reserves it right to seek a certificate to this effect from You.
• Any piece of personal data that is downloaded by You from the Platform, shall be used only for fulfilling hiring requirements, any usage for any other purposes is strictly prohibited. The Platform and the Recruiters etc. (as applicable) would act as independent controllers in their respective capacity.
• You agree that you are responsible for the documents, screening questions, comment threads, and additional information asked from the job seekers when they apply to a job posted by you through the Platform. You shall ensure that any additional information collected from the job seekers during their interaction with you in any form through the interface provided by the Platform shall not include special categories of information (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, passwords, financial information and health information) until explicit consent is taken from the job seekers (data subjects). In such cases where the Platform is processing information exclusively on your behalf, it acts in the capacity of a data processor with you acting as the data controller.
• The information related to job vacancies displayed on the Platform shall be for a fixed period (currently 45 days), which period is subject to change.
• By posting/uploading a job posting/listing on the Platform, You confirm that You have obtained all licenses/permits including RA ID from Ministry of External Affairs, Government of India as are necessary for the said activity and to indemnify the Company against all claims, damages arising out of actions/claims that may be made by third parties in relation to the same.
• The Company has the right to make all such modifications/editing of the vacancy details in order to fit its data structure and abide the laws stipulated by Ministry of External Affairs, Government of India.
• The Company will commence providing the services only upon receipt of amount/charges upfront either from You or from a third party on Your behalf
• The Company offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the job vacancy is put on display or for any responses received/contacts made through the BoonBio database
• The Company shall in no way be held liable for any information obtained/received by You and it shall be Your sole responsibility to check, authenticate and verify the information/response received at Your own cost and expense.
• Any actions taken by an employer/recruiter on the basis of the background check report or otherwise, are the employer’s/recruiter's responsibility alone and the Company will not be liable in any manner for the consequences of such action taken by the user.
• No fee shall be charged by the Recruiter from any person who responds to jobs advertised on the Platform. You further undertake to use the database to contact candidates for jobs only.
• The Company reserves its right to change the look, feel, design, prominence, depiction, classification of the Platform or any portion thereof at any time without providing any prior intimation to you.
• The Company will not be responsible for restoring data against services that have expired or for job vacancies that have been removed.