Requirement Submission Terms

1.1 These Terms apply when an organisation (“Company”, “you”, “your”) submits a hiring requirement to BTPL through the Form.

1.2 These Terms are separate from, and additional to, the Website Terms of Use at https://talentproof.in/terms/ and the Privacy Policy at https://talentproof.in/privacy-policy/.

1.3 If Company creates or claims a Recruiter account on the TalentProof web application at https://app.talentproof.in, the Recruiter Platform Terms accepted at that point will govern use of that application. In the event of conflict between these Terms and the Recruiter Platform Terms in relation to use of the web application, the Recruiter Platform Terms prevail. These Terms continue to govern submission of Requirements, and Clauses 7, 8, 10 and 13 survive independently of them.

1.4 If BTPL and Company have signed a separate written agreement covering the same subject matter, that agreement prevails to the extent of any conflict.

1.5 Consideration. Each party acknowledges that these Terms are supported by good and valuable consideration, comprising the mutual promises recorded here — in particular, BTPL’s undertaking to source, screen and present candidates at its own cost, and Company’s grant of the licences at Clauses 6 and 7. Neither party will contend that these Terms are void for want of consideration under Section 25 of the Indian Contract Act, 1872.

1.6 Language. These Terms are made in English. Any translation is for convenience only, and the English version prevails.

2.1 Acceptance. By ticking the acceptance box and submitting the Form, the individual submitting it (the “Authorised Representative”) accepts these Terms on behalf of Company.

2.2 Warranty of authority. The Authorised Representative warrants that they are at least 18 years of age, are employed by or engaged by Company, and are duly authorised by Company to accept these Terms and grant the licences at Clauses 6 and 7 on Company’s behalf.

2.3 Verified work email. Company must be identified using an official work email address on a domain controlled by Company. BTPL may decline any submission made from a personal or free email domain, and may require verification of the address before acting on the submission.

2.4 Confirmation and ratification. BTPL will email a copy of these Terms, the submitted Requirement, and a summary of the permissions granted to the Authorised Representative, and will copy any general or official Company address available to it. If Company does not object in writing within thirty (30) days of that email, and Company continues to engage with BTPL in relation to the Requirement — including by receiving, reviewing, interviewing or corresponding about candidates — Company is taken to have ratified the acceptance under Sections 196 and 197 of the Indian Contract Act, 1872.

2.5 Where authority was lacking. If it transpires that the Authorised Representative lacked authority and Company has not ratified under Clause 2.4:

• (a) the licences at Clauses 6 and 7 will be treated as never having taken effect, and BTPL will cease the relevant use in accordance with Clause 7.6;
• (b) the Authorised Representative remains personally liable to BTPL for breach of the warranty at Clause 2.2, in accordance with Section 235 of the Indian Contract Act, 1872; and
• (c) Clauses 9, 12 and 13 nevertheless continue to bind Company in respect of any candidate information Company has actually received.

2.6 Record of acceptance. BTPL will record the date, time, IP address, user-agent and submitted content at the point of acceptance, and will retain that record for at least seven (7) years.

3.1 BTPL operates a technology platform enabling students and early-career candidates to build verified profiles evidencing their projects, internships, work experience and assessed skills, and enabling companies to identify candidates on the basis of that evidence.

3.2 What BTPL is not. BTPL is not a recruitment agency, manpower supplier, staffing company, labour contractor, contractor under the Contract Labour (Regulation and Abolition) Act, 1970, or employment exchange. BTPL does not employ, engage or supply candidates, does not act as agent for Company or for any candidate, and is not a party to any employment relationship that may result.

3.3 All hiring decisions — shortlisting for Company’s own process, interviewing, selection, offer, terms of employment and onboarding — are made solely by Company.

3.4 Effort acknowledged. Company acknowledges that BTPL incurs real cost and effort in sourcing, verifying, assessing and presenting candidates against the Requirement, and that BTPL does so in reliance on the licences granted at Clauses 6 and 7.

4.1 A “Requirement” means the role details submitted by Company through the Form, including role title, description, skills, eligibility criteria, location, compensation range (if provided), number of openings and timeline.

4.2 Genuineness. Company warrants that each Requirement is genuine, accurate, and relates to an actual open position, and is not submitted for the purpose of collecting candidate data, market research, benchmarking, or building a database.

4.3 Rights in content. Company warrants that it owns or has the right to provide all content in the Requirement, including any job description, company description, images, trade marks and logos, and that BTPL’s use of it under these Terms will not infringe any third party’s rights.

4.4 Hiring for a client. If Company is submitting the Requirement on behalf of an end client, Company must state this in the Form and identify the client. Company warrants that it is authorised to act for that client, and Clauses 6, 7, 9 and 13 apply to Company and that client jointly.

4.5 Editorial discretion. BTPL may decline, edit for formatting and length, or remove any Requirement at its discretion, including where BTPL reasonably believes it breaches these Terms or applicable law. BTPL will not materially alter the substance of a Requirement without Company’s agreement.

5.1 Pending account. On submission, BTPL may create a pending Recruiter account associated with Company’s name and the Authorised Representative’s work email address, for the purpose of administering the Requirement.

5.2 Not active until claimed. A pending account is administrative only. It confers no access. Candidate search, candidate contact, messaging and data export remain disabled until the Authorised Representative or another Company representative claims the account by verifying the work email address and accepting the Recruiter Platform Terms.

5.3 No credentials are issued. BTPL will not set, issue or hold a password for Company, and will not represent to any person that Company is an active user of the web application while the account remains unclaimed.

5.4 Attribution. While an account is unclaimed, any action taken in connection with the Requirement is taken by BTPL in its own name, on Company’s instructions. BTPL will not post content, send messages, or communicate with candidates as Company, or in a manner suggesting the communication originates from Company.

5.5 Deletion. Company may require deletion of a pending account at any time by written notice under Clause 19. BTPL will delete it within seven (7) business days.

6.1 Licence to publish. Company grants BTPL a non-exclusive, royalty-free, worldwide licence to reproduce, publish, display, distribute and communicate the Requirement, including Company’s name and logo as part of it, for the purpose of sourcing, screening and presenting candidates for that role.

6.2 Where it may appear. The Requirement may be published on the TalentProof web application and website, and communicated to students, educational institutions and their placement cells, including by email, messaging and social channels.

6.3 Submitted Requirements only. This licence extends only to Requirements actually submitted by Company through the Form or otherwise confirmed by Company in writing. BTPL will not create, publish or advertise any role in Company’s name that Company has not submitted or confirmed.

6.4 Confidential requirements. Where Company indicates in the Form that a Requirement is confidential, BTPL will publish it without identifying Company, and will disclose Company’s identity only to candidates Company has agreed to engage with.

6.5 Duration and closure. BTPL may keep a Requirement published until the earlier of the closing date stated in the Form, written notice from Company to withdraw it, or the role being filled. Company will notify BTPL promptly once the role is closed. BTPL will unpublish within three (3) business days of notice.

7.1 Name. Company grants BTPL a non-exclusive, royalty-free licence to state truthfully that Company has shared a hiring requirement with TalentProof, and to include Company’s name in lists of companies that have done so.

7.2 Logo — separate opt-in. Company additionally grants BTPL a non-exclusive, royalty-free, non-transferable licence to reproduce and display Company’s logo to identify Company as a hiring partner of TalentProof, where Company has separately opted in by ticking the dedicated logo permission box on the Form. This licence is not granted by acceptance of these Terms alone.

7.3 Permitted uses. Subject to Clauses 7.1 and 7.2, BTPL may use Company’s name and (where opted in) logo:

• (a) on the TalentProof website and web application, including any page listing partner, participating or hiring companies;
• (b) in presentations, communications and materials shared with educational institutions, placement cells and students;
• (c) in investor, fundraising, board and internal business materials; and
• (d) in BTPL’s marketing and social media communications describing roles available on the platform.

7.4 Manner of use. BTPL will use Company’s marks in accordance with any brand guidelines Company provides in writing, will not modify or distort them, and will not use them more prominently than BTPL’s own marks.

7.5 Limits — what BTPL will not claim. BTPL will not, without Company’s separate prior written approval:

• (a) state or imply that Company endorses, recommends, sponsors or is affiliated with TalentProof beyond having shared a hiring requirement;
• (b) describe Company as an onboarded, active, subscribed or paying user of the TalentProof platform where that is not the case;
• (c) publish any figure or claim relating to Company’s hiring, offers, interviews, placements or outcomes through TalentProof;
• (d) publish any case study, testimonial, quotation or named success story involving Company; or
• (e) use Company’s marks in any manner that is disparaging, misleading, or that suggests a commercial relationship broader than the one that exists.

7.6 Notice before first use and withdrawal. BTPL will give Company written notice at least seven (7) days before first publishing Company’s logo. Company may withdraw the permissions at Clauses 7.1 and 7.2 at any time by written notice under Clause 19. BTPL will remove Company’s name and logo from the TalentProof website and web application within fifteen (15) business days of receipt, and will cease further distribution of affected materials. BTPL is not required to recall, amend or destroy materials already printed, distributed, filed or published offline before that date.

7.7 Ownership. All rights in Company’s name and marks remain with Company. No goodwill arising from BTPL’s use accrues to BTPL. Nothing in this Clause transfers, assigns or dilutes any right in Company’s marks.

8.1 BTPL will present candidates in the format it considers appropriate, which may include verified evidence of projects, internships and work experience, assessment results and recorded candidate responses.

8.2 Feedback. Company will use reasonable endeavours to inform BTPL, on request, of the outcome for each candidate presented — including whether the candidate progressed, and where a candidate was rejected, a brief reason. Feedback is used by BTPL to improve its screening and is not an obligation to hire.

8.3 Company will not require any candidate presented by BTPL to route their application through a third-party agency or to pay any fee to any person.

9.1 Where BTPL shares candidate information with Company, Company processes that information as an independent Data Fiduciary under the Digital Personal Data Protection Act, 2023.

9.2 Purpose limitation. Company will use candidate information solely to evaluate candidates for the Requirement submitted, and for any other role at Company that the candidate has separately applied to or consented to be considered for.

9.3 Company must not:

• (a) share, sell, licence, publish or otherwise disclose candidate information to any third party, except to Company’s group entities or to an end client identified under Clause 4.4, and in each case subject to equivalent restrictions;
• (b) add candidates to any marketing, newsletter or promotional list;
• (c) use candidate information to train, fine-tune or evaluate any machine learning or artificial intelligence model;
• (d) scrape, bulk-download, systematically extract, index or replicate candidate data from the platform or from materials provided by BTPL; or
• (e) contact candidates other than in connection with a genuine hiring context relating to the Requirement.

9.4 Retention. Company will retain candidate information only as long as necessary for the purpose in Clause 9.2 and to meet its own legal obligations, and will delete or anonymise it thereafter. Company will comply with any candidate erasure request forwarded by BTPL, unless retention is required by law.

9.5 Security and breach. Company will apply reasonable security safeguards to candidate information and will notify BTPL without undue delay, and in any event within 72 hours, of becoming aware of any personal data breach affecting it.

9.6 BTPL processes candidate personal data in accordance with its Privacy Policy at https://talentproof.in/privacy-policy/.

10.1 Company warrants that each Requirement and its selection process comply with applicable Indian law, including the Constitution of India, the Rights of Persons with Disabilities Act, 2016, the Code on Wages, 2019, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

10.2 A Requirement must not specify, request, filter or express a preference based on caste, religion, race, sex, gender identity, sexual orientation, place of birth, region, mother tongue, marital or family status, pregnancy, or disability, except where a genuine occupational requirement or a lawful affirmative action or reservation policy applies and is disclosed to BTPL in writing.

10.3 Company will not use any proxy for a protected characteristic — including surname, community, native place, or institution type — as a selection or filtering criterion, and will not ask BTPL to do so.

10.4 BTPL may refuse, amend or remove any Requirement it reasonably believes breaches this Clause, and may suspend or terminate under Clause 15.

10.5 Company will not charge any candidate any fee, deposit, security or consideration at any stage of recruitment, and will not require any candidate to purchase training, equipment or services as a condition of employment.

11.1 BTPL does not currently charge Company any fee for submitting a Requirement, for candidates sourced, or for any hire resulting from a Requirement.

11.2 BTPL may introduce fees for future services on not less than thirty (30) days’ written notice. No fee will apply to any Requirement submitted before the effective date of that notice, or to any candidate introduced under it.

11.3 The absence of a fee does not affect the enforceability of these Terms, which is addressed at Clause 1.5.

12.1 No guarantee. BTPL does not guarantee that any candidate will be sourced, that any candidate will meet Company’s criteria, that any candidate will accept an interview or offer, or that any hire will result.

12.2 Scope of verification. BTPL verifies certain candidate claims using defined methods and labels what has been verified. Verification is limited to the specific attributes stated as verified. It is not a background check, criminal record check, credit check, employment reference, qualification authentication, or warranty of a candidate’s suitability, character, honesty or performance. Company remains responsible for its own due diligence, background verification and hiring decisions.

12.3 No exclusivity. Nothing restricts Company from sourcing candidates through any other channel, or restricts BTPL from working with any other company, including Company’s competitors.

12.4 No solicitation obligation. Nothing obliges BTPL to source for any particular Requirement, or to continue doing so.

13.1 Each party will keep confidential any non-public information disclosed by the other and marked or reasonably understood to be confidential, and will use it only for the purposes of these Terms.

13.2 This does not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or a competent authority.

13.3 A published Requirement is not confidential information, except where Clause 6.4 applies.

13.4 This Clause survives termination for three (3) years.

14.1 The TalentProof platform, including the Proof Index, Job Match Score, assessment methodology, scoring logic, weightings, question banks, reports and all related software, documentation and know-how, is and remains the exclusive property of BTPL and constitutes its confidential information and trade secrets.

14.2 Nothing transfers any right in BTPL’s intellectual property to Company. Company will not reverse engineer, replicate, publish benchmarks of, or derive any competing scoring or assessment methodology from materials provided by BTPL.

14.3 “TalentProof”, “Proof Index” and the TalentProof logo are marks of BTPL. Company may state factually that it sources candidates through TalentProof, but may not otherwise use BTPL’s marks without prior written consent.

15.1 Company may withdraw a Requirement at any time by written notice. BTPL will unpublish within three (3) business days.

15.2 Either party may terminate these Terms in relation to future Requirements at any time on written notice.

15.3 BTPL may suspend or terminate immediately, and remove any Requirement, where it reasonably believes Company has breached Clause 4.2, 9 or 10, or where required by law.

15.4 Effect of termination. Clauses 1.5, 2.5, 2.6, 7.6, 7.7, 9, 13, 14, 16, 18 and this Clause survive. Company’s obligations in respect of candidate information already received continue.

16.1 To the extent permitted by law, BTPL is not liable for any indirect, incidental, special or consequential loss, or for loss of profits, business, opportunity, goodwill or data.

16.2 BTPL’s total aggregate liability arising out of or in connection with these Terms is limited to INR 50,000 (Rupees Fifty Thousand only), or the total fees paid by Company to BTPL in the twelve months preceding the claim, whichever is higher.

16.3 Nothing excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.

16.4 Indemnity. Company will indemnify BTPL against any loss, claim, liability or reasonable cost arising directly from Company’s breach of Clause 4.3, 9 or 10, except to the extent the loss arises from BTPL’s own act or omission.

16.5 Limitation period. No claim may be brought under these Terms more than two (2) years after the party bringing it became aware, or ought reasonably to have become aware, of the facts giving rise to it.

17.1 These Terms are concluded electronically and are valid and enforceable under the Information Technology Act, 2000. Neither party will contest validity solely on the ground that they were accepted electronically.

17.2 Each party consents to the use of electronic records and communications, and agrees that BTPL’s system records — including the acceptance log described at Clause 2.6 — are admissible as evidence, accompanied where required by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Indian Evidence Act, 1872).

17.3 These Terms do not require stamping as an instrument under the Karnataka Stamp Act, 1957, and no party will contend otherwise.

18.1 These Terms are governed by the laws of India.

18.2 Escalation. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives within thirty (30) days of written notice of the dispute.

18.3 Jurisdiction. Subject to Clause 18.2, the courts at Bengaluru, Karnataka have exclusive jurisdiction.

Notices under these Terms — including withdrawal of permissions under Clause 7.6 — must be in writing to:

BTPL will acknowledge within 24 hours and respond within 15 days.

20.1 Severability. If any provision is held invalid or unenforceable, it will be read down to the minimum extent necessary to make it valid, and the remaining provisions continue in full force.

20.2 No waiver. Failure to enforce any provision does not waive the right to enforce it later.

20.3 No partnership. Nothing creates a partnership, joint venture, agency or employment relationship between the parties. The use of the word “partner” in Clause 7 is descriptive of a commercial relationship only and does not create a partnership in law.

20.4 Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control.

20.5 Assignment. Company may not assign without BTPL’s written consent. BTPL may assign to a successor in connection with a merger, acquisition or transfer of business.

20.6 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement in relation to submission of Requirements, subject to Clause 1.4.

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