Contractor User Agreement

These Contractor User Terms (“Agreement”) govern access to and use of the talentwale.com Manpower Supplier module (“Platform”) by manpower suppliers, labour contractors, and manpower/labour contracting entities (“Contractor”, “You”). By registering, declaring manpower capability, uploading Workforce Pool Data, or using any service on the Manpower Supplier module, you agree to be legally bound by this Agreement. Where this Agreement conflicts with the Employer Terms of Service in respect of manpower-supply activity, this Agreement prevails.

1. About Talentwale.com
   • talentwale.com is an AI-powered recruitment and manpower facilitation platform exclusively designed for the manufacturing ecosystem, connecting employers with candidates, agencies, and manpower / labour contractors.
   • Talentwale acts only as an intermediary and does not guarantee deployment, contract awards, or workforce performance.
2. Eligibility to Use the Platform
   • You confirm that:
     • You are a legally registered business entity, contractor, or authorized representative.
     • You are competent to enter into binding contracts.
     • All information provided during registration is true, accurate, and complete.
   • Talentwale reserves the right to verify, suspend, or terminate accounts providing false or misleading information.
3. Contractor Responsibilities
   • Contractor agrees to:
     • Declare genuine, lawful, and currently available manpower capability, rate cards, and compliance documents.
     • Provide accurate industry, location, department, trade/skill and headcount information.
     • Ensure compliance with applicable labour, employment, and wage laws for its entire workforce.
     • Use employer and requirement data accessed via the Platform only for manpower-supply purposes.
   • Contractor must NOT:
     • Declare fake, inflated, or duplicate manpower capability.
     • Demand any fee or payment from a worker for engagement or placement.
     • Discriminate in worker engagement based on caste, religion, gender, age, disability, or marital status.
     • Misuse employer or requirement data for marketing, resale, or purposes outside the Platform.
4. Platform Services
   • Talentwale offers:
     • Capability Matrix and Rate Card listing.
     • A Compliance Vault for statutory document uploads (GST, PAN, labour licences, EPFO, ESIC, and similar).
   • Talentwale reserves the right to:
     • Edit, moderate, reject, or remove any declared capability, rate, or document.
     • Suspend listing privileges in case of violations.
     • Limit visibility based on verification status or subscription plan.
5. Workforce Pool Data
   • All Workforce Pool Data uploaded via talentwale.com:
     • Is provided by the Contractor, who remains solely responsible for its accuracy, legality, and the consent underlying it.
     • Is shared with Employers strictly for manpower discovery and deployment evaluation.
     • Must NOT be uploaded without the worker's knowledge and consent.
     • Must NOT include fabricated, duplicated, or misrepresented headcount.
   • Any misuse or non-compliance may result in:
     • Account termination
     • Financial penalties
     • Legal action under the DPDP Act, 2023
6. Data Protection and Consent
   • Contractor acknowledges that:
     • Workers have provided explicit consent to Contractor for the collection and sharing of their data for manpower-supply purposes.
     • Contractor acts as a Data Processor.
     • Talentwale is the Data Fiduciary.
   • Contractor must:
     • Protect Workforce Pool Data.
     • Update or remove worker data upon a worker's exit, request, or contract closure.
     • Cooperate with Talentwale in case of data deletion, correction, or audit requests.
7. Fees, Taxes, and Refunds
   • Talentwale may charge Contractors for subscriptions, listings, or platform services.
   • All fees are exclusive of applicable taxes.
   • Refunds, if any, are governed by the Refund & Cancellation Policy.
   • Talentwale reserves the right to revise pricing with prior notice.
8. No Guarantee of Deployment or Engagement
   • Talentwale:
     • Does not guarantee deployment, contract award, or engagement by any Employer.
     • Is not responsible for wages, PF, ESIC, bonus, or any statutory dues owed by Contractor to its workforce.
     • Is not a party to any manpower supply contract between Contractor and Employer.

   All deployment decisions and labour-law liabilities remain solely with the Contractor.

9. AI Assistance and Platform Availability
   • AI tools assist in matching Contractor's declared capability with employer requirements.
   • Final engagement decisions are made directly between Contractor and Employer.
   • Talentwale does not guarantee uninterrupted platform availability.
10. Suspension or Termination
    • Talentwale may suspend or terminate access if:
      • This Agreement is violated.
      • False capability, headcount, or compliance documents are detected.
      • Fraudulent activity is detected.
      • Legal or regulatory issues arise.

    No refunds shall be applicable upon termination for violations.

11. Limitation of Liability
    • Talentwale shall not be liable for:
      • Deployment or contract outcomes.
      • Workforce conduct or performance.
      • Loss of data due to external factors.
      • Any indirect or consequential damages.

    Maximum liability shall not exceed fees paid in the last 3 months, if any.

12. Intellectual Property
    • All platform content, AI logic, UI, branding, and data structures are the exclusive intellectual property of talentwale.com.
    • Unauthorized use is strictly prohibited.
13. Indemnity
    • Contractor agrees to indemnify and hold harmless Talentwale from:
      • Legal claims arising from manpower listings or Workforce Pool Data.
      • Labour, wage, or statutory compliance disputes involving Contractor's workforce.
      • Data misuse, absence of consent, or breach of worker privacy.
      • Regulatory non-compliance under the DPDP Act, 2023 or applicable labour law.
14. Governing Law and Updates
    • This Agreement shall be governed by the laws of India.
    • Jurisdiction shall be Ahmedabad, Gujarat.
    • Talentwale may update this Agreement from time to time. Continued use constitutes acceptance.
15. Grievance Officer
    • Name: Dipen Majithia
    • Email: grievance@talentwale.com
    • Address: Block-A, 401-412, World Trade Tower, Nr. BMW Showroom, SG Highway, Ahmedabad - 380051, Gujarat, India
    • Response Time: 24-72 working hours
16. Electronic Acceptance
    • By creating an account, declaring manpower capability, uploading Workforce Pool Data, or using any service on the Manpower Supplier module, you confirm that you have read, understood, and agreed to this Agreement — including your responsibility for Workforce Pool Data under Section 5 and your indemnity obligations under Section 13.
    • This Agreement is deemed legally executed and binding upon the Contractor without the requirement of physical signature, stamp, or handwritten execution. Electronic acceptance has the same legal effect as a signed written agreement.