|
TERMS OF USE MAYAK Mobile
Application & Platform |
|
Platform Owner Mr. Devadathan Nair |
Last Updated [ 06/06/2026] |
Version 1.0 |
Jurisdiction Republic of India |
1. Acceptance of Terms
By
downloading, installing, accessing or using the MAYAK mobile application or
website (collectively, the “Platform”), you agree to be bound by these Terms of
Use (“Terms”). If you do not agree, you must not use the Platform.
These
Terms constitute a legally binding agreement between you and Mr. Devadathan
Nair, the Platform Owner and operator (“we”, “us” or “our”), and apply to both
Job Seekers and Employers using the Platform.
|
These
Terms should be read together with our Privacy Policy, which governs the
collection and use of your personal data. By using the Platform you also
accept the Privacy Policy. |
2. Definitions
In these
Terms, the following words have the meanings set out below:
|
Term |
Meaning |
|
Account |
A
registered user account created on the Platform. |
|
Content |
Any
text, data, information, profile, resume, job listing, message or other
material submitted to or published on the Platform by any user. |
|
Employer |
Any
individual, company or organisation that registers on the Platform to post
job listings or search for candidates. |
|
Job Seeker |
Any
individual who registers on the Platform to search for employment
opportunities. |
|
Job Listing |
A
posting made by an Employer on the Platform advertising a vacancy or
opportunity. |
|
Platform |
The
MAYAK mobile application, website and all related services operated by the
Platform Owner. |
|
Platform Owner |
Mr.
Devadathan Nair, the owner and operator of the MAYAK Platform. |
|
Services |
All
features, functions and tools made available through the Platform. |
|
User |
Any
person who accesses or uses the Platform, whether as a Job Seeker, Employer
or otherwise. |
|
User Content |
Any
Content submitted to the Platform by a User. |
3. Eligibility &
Registration
3.1 Eligibility
You may
use the Platform only if you:
•
are
at least 18 years of age (or the age of majority in your jurisdiction,
whichever is higher);
•
have
the legal capacity to enter into a binding contract under the Indian Contract
Act 1872;
•
are
not barred from using the Platform under any applicable law; and
•
(for
Employers) are duly authorised to act on behalf of the entity you represent.
The
Platform is not intended for use by children under 18. If you are under 18, you
must not register or use the Platform.
3.2 Registration
To access
certain features you must create an Account by providing accurate, complete and
current information. You agree to:
•
keep
your registration information up to date;
•
keep
your login credentials confidential and not share them with any third party;
•
notify
us immediately at operations@mayak.in if you suspect any unauthorised use of
your Account; and
•
accept
responsibility for all activity that occurs under your Account.
We reserve
the right to refuse registration, suspend or terminate any Account at our
discretion, including where we reasonably believe that information provided is
false or misleading.
4. Nature of the Platform
MAYAK is
an online job-matching platform. We provide a technology intermediary that
enables Job Seekers to discover employment opportunities and Employers to find
candidates. We are an “intermediary” within the meaning of the Information
Technology Act 2000 (“IT Act”).
We do not:
•
guarantee
employment to any Job Seeker;
•
guarantee
the suitability, quality or availability of any candidate to any Employer;
•
act
as a recruiter, staffing agency or employment agency;
•
verify
the accuracy of any User Content, including job listings, resumes or
qualifications, except where we expressly state otherwise; or
•
become
party to any employment, contract or other arrangement entered into between a
Job Seeker and an Employer.
|
Any
employment decision, offer, acceptance or agreement is exclusively between
the Job Seeker and the Employer. The Platform Owner has no liability in
respect of such decisions or arrangements. |
5. User Content
5.1 Job Seekers
As a Job
Seeker, you may upload your resume, work history, qualifications, contact
information and other professional information. You represent and warrant that:
•
all
information you provide is accurate, truthful and not misleading;
•
you
hold all rights in the content you upload and it does not infringe any
third-party intellectual property rights; and
•
your
content does not violate any applicable law.
5.2 Employers
As an
Employer, you may post Job Listings and search for candidates. You represent
and warrant that:
•
each
Job Listing describes a genuine, lawful employment or engagement opportunity;
•
you
are duly authorised to post the listing on behalf of the employing entity;
•
listings
comply with all applicable Indian labour and employment laws, including equal
opportunity obligations; and
•
you
will not use candidate data obtained through the Platform for any purpose other
than assessing the candidate for the vacancy advertised.
5.3 Licence to Us
By
submitting User Content to the Platform, you grant us a non-exclusive,
worldwide, royalty-free, sub-licensable licence to host, store, display and
distribute that content solely for the purpose of operating and providing the
Services. This licence ends when you delete your content or your Account is
closed, subject to our data retention obligations under applicable law.
5.4 Our Right to Remove Content
We may
remove or disable access to any User Content at any time without notice if we
reasonably believe it violates these Terms or any applicable law. Removal does
not create liability on our part.
6. Prohibited Conduct
You must
not use the Platform to:
•
post
false, fraudulent, misleading or deceptive content, including fake job listings
or fabricated credentials;
•
discriminate
against any person on grounds of religion, race, caste, sex, place of birth,
disability or any other basis prohibited by Indian law, including the Equal
Remuneration Act 1976 and the Rights of Persons with Disabilities Act 2016;
•
harass,
abuse, threaten or intimidate any other user;
•
collect
or harvest personal data of other users without their consent;
•
transmit
unsolicited commercial communications (“spam”);
•
upload
viruses, malware or any malicious code;
•
attempt
to gain unauthorised access to any part of the Platform or its systems;
•
scrape,
crawl or systematically extract data from the Platform without our prior
written consent;
•
use
the Platform for any purpose that is unlawful or prohibited by these Terms; or
•
impersonate
any person or entity or misrepresent your affiliation with any person or
entity.
|
Violation
of these prohibitions may result in immediate Account suspension or
termination and, where applicable, referral to law enforcement authorities. |
7. Intellectual Property
All rights
in the Platform and its content (excluding User Content) — including software,
design, trade marks, logos and databases — belong to the Platform Owner or our
licensors and are protected under the Copyright Act 1957, the Trade Marks Act
1999 and other applicable Indian intellectual property laws.
We grant
you a limited, non-exclusive, non-transferable, revocable licence to access and
use the Platform solely for its intended purpose in accordance with these
Terms. You must not:
•
copy,
reproduce, modify, adapt or create derivative works of the Platform or its
content;
•
reverse-engineer,
decompile or disassemble any part of the Platform; or
•
remove
or alter any copyright, trade mark or other proprietary notices.
8. Privacy & Data
Protection
Your use
of the Platform is subject to our Privacy Policy, which forms part of these
Terms. Our Privacy Policy describes how we collect, use and protect your
personal data in accordance with the Digital Personal Data Protection Act 2023
and the IT (SPDI) Rules 2011.
By using
the Platform you acknowledge that you have read and understood our Privacy
Policy. You can access it at any time through the in-app settings or by
contacting us at operations@mayak.in.
9. Intermediary Status &
Third-Party Content
MAYAK
operates as an intermediary under Section 2(1)(w) of the IT Act 2000 and Rule 3
of the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules 2021 (“Intermediary Guidelines”). We do not initiate, select the
recipients of, or modify User Content in transmission.
We are not
responsible for the accuracy, completeness or legality of any User Content.
However, upon receiving actual knowledge — whether through a complaint or
otherwise — that any content is unlawful, we will take down or disable access
to that content within the timelines required by law.
To report
unlawful content, please contact our Grievance Officer at operations@mayak.in.
We will acknowledge your complaint within 24 hours and act within 72 hours in
accordance with the Intermediary Guidelines.
10. Disclaimers
To the
fullest extent permitted by applicable law, the Platform is provided on an “as
is” and “as available” basis. We make no warranties, express or implied,
including any warranty of merchantability, fitness for a particular purpose, or
non-infringement.
In
particular, we do not warrant that:
•
the
Platform will be uninterrupted, error-free or free from viruses or other
harmful components;
•
any
Job Listing is genuine, lawful or accurately described;
•
any
resume, qualification or credential submitted by a Job Seeker is accurate or
verified; or
•
the
Platform will meet your specific requirements.
11. Limitation of Liability
To the
maximum extent permitted by applicable Indian law, the Platform Owner shall not
be liable for:
•
any
indirect, incidental, consequential, special or punitive loss arising out of or
in connection with the Platform;
•
loss
of employment, loss of income, loss of business opportunity or loss of data;
•
any
loss arising from your reliance on content submitted by another user; or
•
any
loss caused by events beyond our reasonable control (“force majeure”),
including natural disasters, government actions or network failures.
Our total
aggregate liability to you for any claim arising out of or in connection with
these Terms shall not exceed INR 10,000 (Indian Rupees Ten Thousand) or the
amount paid by you to us (if any) in the 12 months preceding the claim,
whichever is higher.
12. Indemnity
You agree
to indemnify, defend and hold harmless the Platform Owner, Trizent Technologies
Private Limited (Data Processor), and each of their respective officers,
directors, employees and agents from and against any claim, loss, damage, cost
or expense (including reasonable legal fees) arising from:
•
your
use of the Platform in breach of these Terms;
•
any
User Content you submit;
•
your
violation of any applicable law; or
•
your
infringement of any third-party right, including intellectual property rights.
13. Account Suspension &
Termination
13.1 By You
You may
close your Account at any time through in-app settings or by writing to
operations@mayak.in. On closure, we will delete or anonymise your personal data
in accordance with our Privacy Policy and applicable law.
13.2 By Us
We may
suspend or terminate your Account or access to the Platform, with or without
notice, if:
•
you
breach these Terms;
•
we
are required to do so by law or a competent authority;
•
we
reasonably suspect fraud, abuse or misuse of the Platform; or
•
we
decide to discontinue the Platform or any part of it.
Clauses 7
(Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12
(Indemnity), 15 (Governing Law) and any other clause by its nature intended to
survive, shall survive termination of these Terms.
14. Modifications
14.1 Terms
We may
update these Terms at any time. Where changes are material, we will notify you
through the Platform or by email at least 14 days before the changes take
effect. Your continued use of the Platform after the effective date constitutes
your acceptance of the revised Terms.
14.2 Platform
We may
modify, suspend or discontinue any feature of the Platform at any time without
liability. We will endeavour to give reasonable notice of material changes
where practicable.
15. Governing Law &
Dispute Resolution
15.1 Governing Law
These
Terms are governed by and construed in accordance with the laws of the Republic
of India, including the Information Technology Act 2000, the Indian Contract
Act 1872 and the Consumer Protection Act 2019.
15.2 Informal Resolution
Before
initiating formal proceedings, you agree to contact us at operations@mayak.in
and give us 30 days to resolve the dispute informally.
15.3 Jurisdiction
If a
dispute cannot be resolved informally, the courts at Trivandrum, Kerala shall
have non-exclusive jurisdiction. This does not affect your right to approach a
Consumer Disputes Redressal Commission under the Consumer Protection Act 2019
or any other statutory forum available to you under Indian law.
16. Grievance Officer
In
accordance with Rule 3(2)(b) of the Intermediary Guidelines 2021 and the IT
(SPDI) Rules 2011, we have designated a Grievance Officer:
|
Name |
Ms.
Jesly T M |
|
Address |
Thekkattil
House, Iritty, Kannur, Kerala, 670704 |
|
Email |
jesly@mayak.in |
|
Telephone |
9497303078 |
|
Acknowledgment |
Within
24 hours of receipt |
|
Resolution |
Within
30 days of receipt (or 72 hours for unlawful content takedown requests) |
17. General
•
Entire
Agreement. These Terms (together with the Privacy Policy) constitute the entire
agreement between you and the Platform Owner regarding your use of the Platform
and supersede all prior agreements on the same subject matter.
•
Severability.
If any provision of these Terms is held invalid or unenforceable, it will be
modified to the minimum extent necessary to make it enforceable. The remaining
provisions will continue in full force.
•
Waiver.
Our failure to enforce any provision of these Terms will not constitute a
waiver of our right to enforce it in future.
•
No
Assignment. You may not assign or transfer your rights or obligations under
these Terms without our prior written consent. We may assign our rights and
obligations to any successor entity.
•
Language.
These Terms are drafted in English. In the event of any conflict with a
translation, the English version prevails.
•
Notices.
All notices to us must be sent to operations@mayak.in. We will send notices to
you at the email address registered to your Account.
|
Approved by: Mr. Devadathan Nair, Platform Owner Effective Date: [ 06/06/2026] Next Review: [ 06/05/2027 ] Contact: jesly@mayak.in |
+91 9497303078 |
User
Consent
I hereby
provide my free, specific, informed, and unambiguous consent for the
collection, use, storage, and processing of my personal data by Mr. Devadathan
Nair in accordance with the Digital Personal Data Protection Act, 2023
and applicable Indian laws.
I
understand that:
- My data may include personal and professional
details such as name, contact information, resume, employment history, and
skills.
- My data will be used for job matching, employer
connections, verification, and platform improvement.
- My data may be shared with recruiters, employers,
and service providers solely for job-related purposes.
- I have the right to:
- Access and correct my personal
data
- Withdraw consent at any time
- Request deletion of my data
·
I explicitly consent to the processing of my Sensitive
Personal Data (if provided) for lawful purposes, in accordance with the
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011.
I
confirm that I have read and understood the Privacy Policy and agree to
its terms.
4.
Withdrawal of Consent
You may
withdraw your consent at any time by contacting us at operations@mayak.in. Upon
withdrawal, your data will be deleted or anonymized, unless retention is
required by law.
5.
Age Consent Clause
By using
this platform, you confirm that you are above 18 years of age or are
using the platform with verifiable parental consent.