Terms And Conditions
This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provision of: (i) Reviews (collectively referred to as, Reports) to an individual who has submitted his Aadhar details with the HR Dept.(collectively referred as members/affiliates) based on his employment history current/past (iii) any other Services rendered by Checkworkforce to the persons or company (collectively referred to as, Products and Services) by Checkworkforce having its registered office at Address: House number 5, Thakur Niwas,Ground Floor, Sangti, Summer hill, Shimla-171005. The words, “I”, “We”, “us”, “me”, “my”, “myself”, “customer” and “consumer” refer to the Person(s) who request for their respective Reports or receive the Services or pursue the Transaction (as defined hereinabove) or part thereof (Consumer) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.I acknowledge and expressly agree with the following terms and conditions:
1. GENERAL
I/We have read, understood and agree to abide by these Terms including any changes thereto made by Checkworkforce in its sole discretion, from time to time, relating to my Transaction with CHECKWORKFORCE, which changes shall be made available on CHECKWORKFORCE's website (www.checkworkforce.com). I/We agree that the Terms form a valid contract between myself/ourselves and CHECKWORKFORCE, and that CHECKWORKFORCE may, at its sole discretion, amend the Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.
I/We agree that these Terms constitute the entire agreement between myself/ourselves and CHECKWORKFORCE with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and CHECKWORKFORCE with respect to the Transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
I/We agree and understand that that any and all information contained in the Reports and the Services has been collated by CHECKWORKFORCE based on the information provided by its various Member/Affiliates (HRs’ from different organisations/companies in collaboration). Consequently, CHECKWORKFORCE shall not be responsible for the accuracy, completeness, and veracity of any and all such information as provided. I/We also understand that the information is current and up to date to such extent as provided by the Members/Affiliates and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of CHECKWORKFORCE or its owner. Also, CHECKWORKFORCE shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims or expenses incurred by me/us for any incorrect reports provided due to incorrect information and/or documents provided by me/us or if for any technical reason, any incorrect report is provided otherwise.
I/We agree that the provision of the Reports and the Services shall be limited to the territory of India.
The information contained in the Reports shall be updated upto such dates which the relevant Members with whom I/we have an employment relationship with, has provided information to CHECKWORKFORCE based upon which updated information CHECKWORKFORCE has been able to update the Reports and CHECKWORKFORCE shall not be responsible in the event my information is not updated by the Members.
I/We understand and agree that CHECKWORKFORCE shall not be required to seek prior permission from me/us for updating information that may be reported to CHECKWORKFORCE by the Members or otherwise come to the information of CHECKWORKFORCE shall not be responsible to verify the correctness of the information received hereby. CHECKWORKFORCE shall reproduce the information submitted to it by its Members on “as is” basis.
CHECKWORKFORCE shall have the right to terminate provision of the Report/s and/or the Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, CHECKWORKFORCE reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.
CHECKWORKFORCE reserves the right to initiate legal proceedings including criminal proceedings against the perpetrators of fraud, money laundering or any other form of wrong doing in relation to the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Services offered on CHECKWORKFORCE’s website (checkworkforce.com).
I/We understand and agree that in the event there are insufficiencies in the Request Field and/ or the payment mechanism, my/our Employer details Form (as hereinafter defined) shall be liable to be rejected and I/we shall have to make fresh applications. I/We further understand and agree that until such time, in the event I/we would have made any payments in this regard, the same shall not be refunded to me/ us.
An ‘insufficiency in the Request Field would have taken place, including but not limited to, any of the following reasons:
1) Online payment failure;
2) Wrong Aadhar details entered;
3) Personal Information not matching on the Request Field ;
4) Request for the Individual review of a minor;
5) ID proof for the authorised employer account (only for an application for Commercial Service) is not provided or is invalid (not acceptable as defined by CHECKWORKFORCE);
6) Copies of the PAN card, document for GST NO. (Only for an application for Commercial Service) is not provided or is invalid (not acceptable as defined by CHECKWORKFORCE); any other reasons as defined by CHECKWORKFORCE, from time to time.
2. REQUEST FORMS FOR SERVICES AND PROOF OF IDENTITY AND ADDRESS
I/We understand that all applications for the Report/s and Services shall be provided by CHECKWORKFORCE only on the submission by me/us of the duly completed request forms, for the Reviews and/or the relevant Services, as may be applicable, or through the user form available online (Request Form) which may be obtained or accessed at CHECKWORKFORCE’s website/s only (www.checkworkforce.com)
I/We agree to undergo KYC requirements as required by CHECKWORKFORCE and specified by CHECKWORKFORCE from time to time.
Any application made by me/us other than in the prescribed Request Form or which are incomplete in any manner shall not be considered a valid application and will be rejected by CHECKWORKFORCE without providing any reason whatsoever.
All details provided by me/us in the Request Form/Fields should match the details provided by me/us to any of the Member/ Affiliates who I have any type of relationship (employment) with or in the event I/we do not have any relationship with any Member/Affiliates, the details that are similar to that as provided in the Aadhar Card.
I/We agree that all documents provided along with the Request Form shall be valid and should not have expired, as applicable. Further, I/we agree that copies of the documents provided shall not be returned by CHECKWORKFORCE irrespective of the fact whether or not the Reviews or any other Service is made available and/or provided to me/us.
Payment of appropriate charges and any documents, payments, verification, clarifications and other information should be provided by me/us within a period of 30 (thirty) days from the date of the filing of the Request Form, upon the expiry of which the application shall be considered as incomplete and a fresh Request Form shall have to be provided along with all other necessary documents including payment of requisite fees in relation thereto.
I/We understand that if due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for online ID Authentication Process, as may be applicable, an incorrect Review or such Service as the case may be is received by me/us and in that case, CHECKWORKFORCE shall in no manner be responsible for the same and any subsequent request for a fresh Report or such Service as the case may be shall be treated as a fresh request and application and hence shall be charged accordingly.
Also, due to the provision of wrong or incomplete information provided by me/us in the Request Form/Aadhar details, or for online ID Authentication Process, as may be applicable, the Review generated may belong to a person other than me/us, and may be sent to such person at my/our cost. In such cases, I understand that CHECKWORKFORCE shall not be liable to refund any payments made by me/us in this regard and that I/we shall have to furnish a fresh Request Form and submit fresh payment for my/our Review.
3. REQUEST FORMS FOR SERVICES AND PROOF OF IDENTITY
The charges for the Individual Review or any other Services shall be as stipulated by CHECKWORKFORCE from time to time and I/we agree to pay the same. The charges for any Services may be amended by CHECKWORKFORCE from time to time subject to applicable laws.
I/We acknowledge and agree that the charges as specified on website are the cost of a Review or other Services, as may be applicable and other charges including payment gateway charges and taxes and other duties which shall be payable by me/us, as applicable and prescribed by CHECKWORKFORCE relating to costs that CHECKWORKFORCE may incur for the purposes of facilitating me/us in the payment mechanism and in getting my/our Review or other Products and Services.
I/We understand that the payment gateway and net-banking channels may not belong to CHECKWORKFORCE and agree to abide by the rules and regulations and terms prescribed by such third party in the process of facilitating my/our payment through the said payment gateway and net-banking channels.
A request once made by me/us shall not be cancelled and no charges relating to such order shall be refunded. However, I/we understand that there may be instances when no Review, as may be applicable, is generated because the Review Information does not exist in CHECKWORKFORCE’s database or the details provided by me/us were not adequate to access the relevant Information. In such cases, a no review will be generated by CHECKWORKFORCE and provided to me/us. I/We understand that a no-review may not provide any information.
I/We understand that unless complete and full payment along with submission of the required documents/details(contact number,mail address) is made by me/us, CHECKWORKFORCE shall not be obliged to process or issue any review or product or service to me/us. If I/we makes payment and the issue/issues is/are not resolved, then CheckWorkforce is not responsible for the same! CheckWorkforce's responsibility is limited to providing information only and the charges are levied for the same only.
4. PAYMENT MODES
Payment through Credit Cards/Debit Cards:
I/We understand that any payment for the Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.
Payment through Net Banking:
I/We understand that a payment of the stipulated charges for Reports and/or Services may be made through my/our Net Banking channel.
5. TERMS OF PAYMENT
Charges for Review: I/We agree to pay such amount as stipulated by CHECKWORKFORCE for the issue of my Review. The charges are inclusive of payment gateway charges (if any) and all applicable taxes.
Charges for Subscriptions: I/We agree to pay the charges for Subscriptions as stipulated by CHECKWORKFORCE and understand that such charges for Subscriptions are exclusive of applicable taxes & levies, and we agree to pay such additional amounts as may be stipulated by CHECKWORKFORCE towards the delivery charges and taxes and levies.
If the payment is made through Credit Card or Debit Card:
I/We represent that the Credit Card or Debit Card used by me/us to make payment herein, is my/us own Credit Card or Debit Card or I/we have full authority and permission to use the same to make payment herein.
Processing of the Request Form shall take place only after CHECKWORKFORCE realises the payment through the Credit Card/Debit Card payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
In the event payment is made more than once for the same transaction, I/we understand I/we am /are required to contact the bank or payment merchant for resolving the matter. Checkworkforce cannot be hold responsible for any malfunction/request processing/failure of transactions.
In case of duplicate payment;
Upon request by CHECKWORKFORCE, I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, in order to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that CHECKWORKFORCE shall make its best endeavours to credit the refund after the expiry of at least 15 (fifteen) working days.
CHECKWORKFORCE shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card, as the case may be, whether due to loss or theft or otherwise.
The technology for enabling the payment by way of net banking services or Credit Card/Debit Card could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. CHECKWORKFORCE shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any customer instruction for whatsoever reason
I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and/or CHECKWORKFORCE, from time to time.
If the payment is made through net banking facilities:
1. I/We shall use only my/our own net-banking account details to transact on this Website or have full authority and permission to use the net-banking account to make payment as required herein.
6. REFUNDS AND CHARGE BACK
In the event a request made by me/us in relation to a Service is not a valid request, or if it is rejected by CHECKWORKFORCE for any reasons whatsoever or CHECKWORKFORCE is unable to provide the same, I/we agree to pay to CHECKWORKFORCE, processing charges and CHECKWORKFORCE shall/may refund to me/us such amounts as may be decided by CHECKWORKFORCE in its sole discretion from time to time.
Only for the following reasons and any other reasons decided by CHECKWORKFORCE at its sole discretion, CHECKWORKFORCE shall/may refund the payments made by me/us after deducting the relevant processing charges as may be required by CHECKWORKFORCE, in its sole discretion, from time to time:
In case of Transactions through Net Banking/using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/our bank account/card without my/our authorisation verified by the police;
In the event of any technical snags between my/our computer and/or CHECKWORKFORCE and/or the issuing bank wherein my/our transaction could not be completed, whereby I/we was/were charged twice for a single transaction (duplicate processing).
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
I/We acknowledge, understand and agree that by providing the Review/s and the Services (through this Website/s (www.checkworkforce,com) or otherwise), CHECKWORKFORCE is acting as a facilitator. CHECKWORKFORCE, thus, does not warrant that the functions contained in the above mentioned Website will be uninterrupted or error free, that defects will be corrected, or that this Website/s or the servers that make it available are free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Website/s.
In no event shall CHECKWORKFORCE be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages to consumer/customer.
I/We acknowledge, understand and agree that, without limiting the above clause 2, CHECKWORKFORCE shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to: (a) the use or the inability to use the Review/s and/or the Services or this Website; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of transmissions or data; (d) any other matter relating to the provision of services for underlying Transaction; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, the Reviews/s and/or Products and Services, or otherwise, (e) any errors in or omissions from this Website, including but not limited to technical inaccuracies and typographical errors, (f) any third party websites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom, (g) the unavailability of this Website or any portion thereof, or (h) my use of any equipment or software in connection with this Website.
I/We agree that I/we shall not hold CHECKWORKFORCE or its owner liable or responsible for non-availability of its Website either due to internet connectivity speeds or errors on my/our computer or during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond CHECKWORKFORCE’s control. I/we understand and agree that any material and/or data downloaded or otherwise obtained through this Website is done entirely at my/our own discretion and risk and I/ we will be solely responsible for any damage to my/our computer systems or loss of data that results from the download of such material and/or data.
I/We understand and accept that no information with regards to the Review/s, the Request Form, the Reviews or any of the Services shall be provided by me/us via telephone or in person. If any information is provided by me/us via telephone or in person or via e-mail, CHECKWORKFORCE shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.
This Website is on an “as-is”, “as available” basis and CHECKWORKFORCE expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Apart from above, the respective Review/s and/or Product and Services shall have their disclaimers. I agree, acknowledge and accept the same.
8. MISCELLANEOUS
Severability
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/us or CHECKWORKFORCE from any relevant competent authority, CHECKWORKFORCE shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as CHECKWORKFORCE thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless CHECKWORKFORCE decides in its sole discretion to stop the provision of the Report/s and/or Services either wholly or in part.
Variation
In furtherance of these Terms and subject to applicable laws, I/we understand that CHECKWORKFORCE reserves the right to issue further directions which shall be applicable to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by CHECKWORKFORCE with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Consumer of such variation. I/We agree to accept any such variation made by CHECKWORKFORCE in this regard regardless of the mode through which I/we have approached CHECKWORKFORCE
Variation
I/We shall not assign or transfer any of my rights and/or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person
Indemnification
I/We agree to defend, indemnify, and hold harmless CHECKWORKFORCE, its owner, employees, agents, licensees, members/affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by CHECKWORKFORCE and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against CHECKWORKFORCE by third parties including any bank/credit institution arising pursuant to the provision of services with respect to the Transaction and/or any matters incidental thereto.
Miscellaneous
I/We hereby confer CHECKWORKFORCE with the right to use any data and information provided by me/us vide the Request Forms or shared with my company HR/Members/affiliates which he/she may have uploaded on CHECKWORKFORCE website as a feedback or in any manner including for any purpose stipulated by CHECKWORKFORCE, provided that the same shall be valid under applicable law.
I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (es)/Email (s) and I/we may be sent SMS (es)/Email (s) to update status of my/our order for Report/s and Services on CHECKWORKFORCE's Website (www.checkworkforce.com). I/We further understand that by providing my/our said mobile number and email address (es), I/we have also assented to receiving emails from CHECKWORKFORCE, their agents etc. regarding any other CHECKWORKFORCE services not covered hereunder.
Force Majeure
CHECKWORKFORCE shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
Governing Law, Jurisdiction and Arbitration
These Terms are governed by and are subject to Indian laws.
In the event of any claim, dispute or difference arising out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by who shall be the CHECKWORKFORCE presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Delhi and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Consumer.
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Shimla
Apart from above, the respective Review/s and/or Product and Services shall have their disclaimers. I agree, acknowledge and accept the same.
