You must take the time to read and understand the Terms and Conditions before registering for our services. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions.
Visitors to thepickmen.com who do not register to become a Member (Employer or Employee) similarly affirm that they are bound by these Terms and Conditions each time they access the thepickmen.com website.
If you do not accept the Terms and Conditions stated below, please refrain from using Thepickmen.com
The use of the Website by an Employer or Employee shall be deemed acceptance of and agreement to these terms only.
The Website has been established to allow Employer to contact Employees and to view their profiles detailing an Employee's experience. We do not issue any experience certificate to our registered members.
Any profile created showing political or illegal material would not be accepted under any circumstances.
Pickmen solutions will take all reasonable precautions to keep the details of Employers and Employees secure but will not be liable for unauthorized access to the information provided by any party whatsoever.
The Members warrant that their e-mail and other contact addresses are valid and up to date when using the Website.
Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
Members acknowledge that thepickmen.com is not liable for any form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
Thepickmen.com privacy policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the manner in which we may handle your personal data as detailed in that policy.
The management reserves the right to modify the Terms and Conditions at any time without any prior notification.
These Terms will be subject to Indian Law and the jurisdiction of Indian Courts.
We do not cater Placement Agencies and consultancies. Any payments made by Placement Agencies/ Consultancies will not be refunded under any situation.
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Refund Eligibility Details
We issue refund only for corporate plans on pro rata response basis. To be eligible for a refund,
Response on your job should be less than our minimum guaranteed response mentioned on the plan while purchasing it.
Buyer should have the receipt or proof of purchase.
Claim should be made within 45 days from the date of purchase of the plan.
We recommend contacting us for assistance if you experience any issues related to the service provided
Refund Process
Once we receive the claim, we will immediately notify you on the status of your refund after checking the response provided. If your refund is approved, we will initiate a refund to your credit/debit card (or original method of payment).You will receive the credit within 5-7 business/working days, depending on your card issuer's policies.
We do not cater Placement Agencies and consultancies. Any payments made by Placement Agencies/ Consultancies will not be refunded under any situation.
Contact Us
If you have any questions about our Refund Policy, please contact us @ 18008918140 Or drop us an email at info@thepickmen.com
1.1 Services. Service Provider shall provide services to Client including: Data entry, uploading of the information on the online portal and generating the smart card upon the information given by Client and uploading the same on online classified sites, which can be accessed by the Third Party who are hiring the services of the Service Provider and the Service Provider shall not be held responsible for the verification of the information provided and the genuineness of the information provided by Client. Any change in compensation, or the term of the agreement must be in writing.
1.2 Time and Manner of Performance. Service Provider shall devote such time as is required for providing services under this Agreement. Service Provider shall be available on Email for personal consultation and assistance on a reasonable basis consistent with the needs of the Subscriber / Registered User / Company and the necessary performance of the services described in section 1.1 above. All services hereunder shall be performed in accordance with good professional and bonafide practice.
1.3 Fee and Term. As full and complete commission for Provider's services and all rights granted or assigned to Client by Provider under this Agreement, Service Provider shall be compensated at the rate: __ per Subscription to website, paid either on quarterly or yearly basis and as per the services availed by you.
1.4 Termination. This Agreement may be terminated by either party without cause by giving the other party thirty (30) days written notice of termination applicable exclusively for the Temporary Staff services. Such notice shall be given to the Company at its principal office, addressed to the authorized person, or to the Service Provider at the address designate above or upon the registered Email. The provisions of sections 2, 3, 4 and 5 under this agreement shall survive termination.
2. Confidentiality
2.1 "Confidential Information" means all of [Subscriber/Registered User/Company]'s personal and professional/employment information. Confidential Information may be contained in oral communications, as well as in any tangible expressions referring or relating to Client and business practices, documentation, technical information and know-how related to any of services; and any other information that is clearly marked as confidential or which under the circumstances should be in good faith be treated as confidential. In addition, all text, writings and information, created or produced by Client shall constitute Confidential Information. Source materials, information and technology developed by Service Provider under this Agreement shall also be deemed Confidential Information upon its conception. Confidential Information does not include any information that: (i) was known to it prior to its receipt from Client; (ii) was received by Service Provider from a third party without violation of a nondisclosure obligation of that third party; (iii) is independently developed by or for Service Provider without using Confidential Information; or (iv) is or becomes a part of the public domain through no violation of this Agreement. Service Provider in no case will have the burden in any dispute of showing that information is not Confidential Information nor the Service Provider will be held liable for any information provided by its Subscriber/Registered User/Visitors.
2.2 Ownership. All Confidential Information disclosed by [Subscriber/Registered User/Company], all materials referring or relating to Confidential Information, any document or devices incorporating any Confidential Information are and shall remain the sole and exclusive property of Client and, except as set forth in this Agreement, Service Provider shall have no interest in or rights to use or disclose Confidential Information provided by Client.
2.3 Use of Confidential Information. Service Provider agrees that all Confidential Information disclosed to Service Provider is subject to this Agreement and will be received and held in confidence by Service Provider. Service Provider will take all necessary steps to prevent disclosure of Confidential Information to others and will not use or disclose Confidential Information except as set forth in this Agreement or with the express prior written consent of Subscriber/Register User/Company.
2.4 Subscriber/Registered User/Company and Third Party. The platform may contain links to third party websites, these links are provided solely as to the convenience of the Client and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same if the Client chose to access these websites the Client do so at their own risk. Whilst using this platform an obligation is cast upon the Client to only provide true and correct information and in the case of creating a profile Client undertake to at all times keep the information up to date. Service Provider will not be liable on account of any inaccuracy of information on the website. It is the responsibility of the visitor to further research the information on the site. Any breach of privacy or of the information provided by the consumer to Service Provider to be placed on the website by technical or any other means is not the responsibility of Service Provider.
2.5 Materials. Service Provider will safeguard and return to [Subscriber/Registered User/Company] when engagement ends, or sooner if [Subscriber/Registered User/Company] requests, all documents and property in the care of Service Provider, custody or control relating to engagement or [Subscriber/Registered User/Company]'s business, including without limitation any documents that contain [Subscriber/Registered User/Company]'s confidential information. Service Provider shall also furnish to [Subscriber/Registered User/Company] a certificate from an officer of Service Provider verifying that all records relating to Confidential Information have been destroyed or returned back to the [Subscriber/Registered User/Company].
2.6 Proprietary Notices. Service Provider shall not remove, obscure or alter any notice on any Confidential Information without [Subscriber/Registered User/Company]'s prior written authorization.
2.7 Notification of Unauthorized Disclosure. Service Provider shall immediately notify [Subscriber/Registered User/Company] of any actual or suspected unauthorized use or disclosure of Confidential [Subscriber/Registered User/Company] Information, but the Service Provider will not be asked to become party in any civil suit or any suit for damages.
3. Service Provider Covenants and Agrees:
3.1 Service Provider Representations and Warranties. Service Provider represents and warrants that (a) Service Provider has the full power and authority to enter into and to fulfill the terms of this Agreement and to grant the rights described herein; (b) Service Provider has not entered and will not enter into any agreements or activities that will or might interfere or conflict with the terms hereof; (c) the Work is and will be wholly original with Service Provider and not copied in whole or in part from any other work except materials in the public domain or supplied to Service Provider by Company; and (d) neither the Work nor the use thereof infringes upon or violates any right of privacy or publicity of, or constitutes a libel, slander or any unfair competition against, or infringes upon or violates the intellectual property rights of any person or entity.
3.2 Indemnity. Service Provider will in no case accept/agrees to indemnify and hold [Subscriber/Registered User/Company] harmless against any misuse and damages against the information uploaded on the online portal by the Service Provider, however the Service Provider will also not be liable for any incorrect or wrong information nor the Service Provider will indemnify any loss against the information provided by the Subscriber/Registered User/Company as the Service Provider is just providing a platform for the generation of the online database portal and job posting, however the Service Provider is not liable for any verification of the information or any identity of the Subscriber/Registered User/Visitors.
3.3 Service Provider's Performance of Services. Service Provider shall perform the Services in a professional manner in accordance with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Service Provider warrants that the Services performed by Service Provider, and any permitted third parties over whom Service Provider has legal and/or actual control or supervisory authority (including, without limitation, any agents, employees, or other Service Providers) shall be conducted in strict accordance with this Agreement. Service Provider furthermore warrants that Service Provider shall not use any materials without proper authorization during performance of the Services, and warrants that all services provided under this Agreement shall be original. Service Provider shall perform the Services within the time and at the cost provided above.
3.4 Confidentiality of Others. Service Provider acknowledges it is policy not to improperly obtain or use confidential, proprietary or trade secret information that belonging to any third partie, including others who have employed or engaged Service Provider or who have entrusted confidential information to Service Provider. Service Provider will not use for benefit or disclose confidential, proprietary or trade secret information that belongs to others, unless Service Provider advises that the information belongs to a third party and both [Company] and the owners of the information consent to the disclosure and use.
3.5 No Disparagement or Interference. Service Provider and the company will not disparage with each other’s business or products and will not interfere with each other’s relationships with their customers, employees, vendors, bankers or others. This applies both while at the time of the engagement and after this engagement ends, regardless of the reason it ends.
3.6 Other Engagements While Engaged By [Company/Subscriber/Registered User]. While Service Provider is engaged by [Company], the Service Provider will be free to work and render services to other companies and individuals during the course of engagement with the company and its employees, however the Service Provider will not be obstructed by the company for taking other work of similar nature or for rendering of the services to others.
3.7 Noncompetition After Engagement by [Company/Subscriber/Registered User] Ends. For twelve (12) months after Service Provider's engagement by [Company/Subscriber/Registered User] ends, regardless of the reason it ends, Service Provider will not, directly or indirectly: (a) design or develop database, or (b) work for or with, or provide services or information to, any person or entity. Service Provider understands that in cases where this noncompetition provision does not apply, Service Provider is still subject to all other obligations to [Company], including obligations related to [Company]'s confidential information.
3.8 Disclosure of Other Work. Before Service Provider undertakes any work during my engagement by [Company] or within twelve (12) months after this engagement ends that will involve subject matter related to [Company]'s activities, Service Provider will fully disclose the proposed work to [Company] and the company will also be bound to disclose all the information required as and when demanded by the Service Provider.
3.9 Reasonableness of Terms. Service Provider and the company acknowledge that, the terms of this agreement are reasonably necessary to protect each other's legitimate business, interests and acknowledges that when this engagement ends, the Service Provider and Company/Subscriber/Registered User will not interfere with each other’s working.
3.10 Future Consulting or Employment for [Company]. If, after Service Provider's engagement by [Company/Subscriber/Registered User] ends, [Company/Subscriber/Registered User] employs Service Provider or engages Service Provider again, then this agreement shall apply to employment(s) or engagement(s) unless they follow a period of a year or more during which Service Provider was neither employed nor engaged by [Company/Subscriber/Registered User]. If this agreement becomes applicable to an employment relationship, the references in this agreement to my engagement by [Company/Subscriber/Registered User] shall be treated, as appropriate, as referring to Service Provider's employment relationship with [Company/Subscriber/Registered User].
3.11 No Guarantee of Continued Engagement. Service Provider, understand this agreement is not a guarantee that this engagement will continue. This engagement is terminable at any time by Service Provider, with or without cause or prior notice, unless otherwise provided in writing.
3.12 No Conflicting Agreements. Service Provider will not be a party to any agreements, such as confidentiality or noncompetition agreements, that limit Service Provider's ability to perform the duties towards the clients of the Service Provider.
3.13 Compliance with Law. Service Provider shall perform the Services in accordance with and shall comply with all applicable laws, ordinances, requirements, directions, rules, statutes, regulations and lawful order applicable at the time of execution of the agreement and during its tenure.
3.14 Restricted Publication. Any publication by Service Provider of information based upon information provided to or provided by [Company/Subscriber/Registered User] shall be subject to the prior review and written approval of [Company/Subscriber/Registered User] and for such information the Service Provider shall not be held liable either by the Company/Subscriber/Registered User or by any third party.
3.15 Confidentiality by Employees and Others. [Company/Subscriber/Registered User] hereby authorizes Service Provider to disclose Confidential [Company/Subscriber/Registered User] Information, on a need to know basis, to employees of Service Provider or any persons contracting for services to Service Provider, who will be performing services in accordance with this agreement. Such employees will execute this agreement and in so doing, agree to be bound by the terms here of as if they were Service Provider.
3.16 Agreement Confidential. Except as an authorized representative of [Company] may otherwise consent in writing, Service Provider will not disclose the nature of any work that Service Provider has performed under this Agreement, or any information regarding [Company/Subscriber/Registered User]'s products, services, processes, materials or information provided.
4. Intellectual Property Rights
4.1 [Company] Ownership of Intellectual Property Rights. Service Provider agrees and acknowledges that [Company/Subscriber/Registered User] owns all rights in materials or information provided by [Company/Subscriber/Registered User], Service Provider, or as a result of cooperation between [Company/Subscriber/Registered User] and Service Provider, that relates in any way to or is based on Confidential [Company/Subscriber/Registered User] information. Service Provider shall regularly and promptly disclose information database or the information uploaded on online portal developed by Service Provider that relates in any way to or is based on Confidential [Company/Subscriber/Registered User] information to [Company]. The smart card generated by the Service Provider for the purpose of job posting will be owned and possessed by the Service Provider once the engagement ends. Any information database developed by Service Provider under this Agreement shall be deemed a "work for hire".
4.2 Work-for-Hire Provisions. The work of Service Provider's services provided pursuant to this Agreement is the "Work." To the extent that Work is done as per the agreed terms in the agreement and constitutes a "work for hire" as defined and all other relevant laws to the fullest extent permitted, and as a result Service Provider shall own all such Work.
4.3 Cooperation with [Service Provider]. Company/Subscriber/Registered User hereby assigns any and all rights, title or interest that it may now or hereafter have in any Confidential information and other rights, have been delegated to the Service Provider through this agreement and the Company/Subscriber/Registered User should cooperate with the Service Provider during the tenure of engagement of the Service Provider.
5. Miscellaneous Provisions
5.1 Relationship Between the Parties. Nothing contained in this Agreement shall be construed as creating any partnership or joint venture between Service Provider and [Company/Subscriber/Registered User]. Service Provider undertakes to perform under the terms of this Agreement as an Service Provider. Service Provider nor the Company/Subscriber/Registered User has no authority to create any obligation, express or implied, on behalf of, or to bind, except as specifically authorized in this Agreement.
5.2 Entire Agreement; Waiver; Assignment. This Agreement, contains the entire understanding of the parties with respect to its subject matter and supersedes all other agreements and offers with respect to such subject matter. This Agreement may not be assigned by Service Provider without the prior written consent of [Company/Subscriber/Registered User]. The provisions of this Agreement may not be waived or changed except by a writing signed by the party against whom enforcement of the waiver or change is sought. No waiver of any breach shall constitute a subsequent waiver of any subsequent breach. This Agreement shall be binding on and inure to the benefit of the parties' successors and permitted assigns.
5.3 Breach of Agreement. In the event of an actual or alleged breach of this Agreement by Company/Subscriber/Registered User, or under any other circumstances whatsoever, any rights and remedies Service Provider may have against Company/Subscriber/Registered User or its successors or assigns will be limited to the right to recover actual damages, if any, in an action at law.
5.4 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and may be personally delivered or sent by courier service, telegraph, telex, or facsimile copier, and shall be deemed given when delivered or sent to the address given at the outset of this Agreement, or as subsequently changed by notice.
5.5 Arbitration and Jurisdiction. Any dispute, difference or question, which may arise at any time hereafter, between the parties hereto, regarding the terms and conditions of this Agreement, as also in respect of the rights and liabilities of the parties hereto, shall be referred to the sole arbitration of a single arbitrator, as may be mutually agreed upon by and between the parties hereto. The proceedings will be governed in accordance with The Arbitration and Conciliation Act, 1996 and/ or modification and/ or amendments there to. The decision of the sole Arbitrator shall be final and binding on the parties to this Agreement. The arbitration proceedings shall be held in Indore. Civil courts in Indore only shall have exclusive jurisdiction.
5.6 Changes. No cancellation, modification, amendment, or other change in this Agreement or any provision hereof, or waiver of any right or remedy herein provided, shall be effective for any purpose unless specifically set forth in writing signed by both parties. No waiver of any right or remedy in respect of any occurrence or event on one occasion shall be deemed a waiver of such right or remedy in respect of such occurrence or event on any other occasion.
5.7 Opportunity for Legal Review. Each party has had the opportunity to review the terms of this contract with legal counsel and to negotiate the terms hereof.
5.8 Stamp Duty and Registration Fees. The Company/Subscriber/Registered User hereby confirm that all payments, required to be made under the provisions of the Madhya Pradesh Stamp Act and the Indian Registration Act, like payment of the Stamp Duty and Registration Charges etc., in respect of this transaction including in respect of this Agreement and all other documents that may be executed [at any time here after] in pursuance of this transaction, shall be borne and paid by the Company/Subscriber/Registered User. However each party shall bear and pay the costs of its respective Advocates and Solicitors.
5.9 Fees and Costs. If any action to enforce or interpret this Agreement is taken by [Company/Subscriber/Registered User] or Service Provider against the other, then the substantially prevailing party in such action will be entitled to recover from the other its costs and expenses incurred in taking or defending such action, including reasonable fees of attorneys, the fees of experts and other technical advisors, and costs incurred and inclusive of any appeal.
5.10 Severability. If any provision of this Agreement is held to be invalid, void or unenforceable as written, such provision shall be interpreted so as to apply and be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above.