Terms & Conditions

1. 📖 Definitions & Interpretation

In these Terms, unless the context requires otherwise:

• "Platform" / "PassionCrew" — the website, mobile application, and all digital services operated under the PassionCrew brand, focused on Ernakulam District, Kerala, India.
• "Company" / "We" / "Us" — the owner and operator of PassionCrew.
• "User" — any individual or entity who accesses or uses the Platform, including Employers and Workers.
• "Employer" — any registered individual, proprietorship, partnership, LLP, or company that posts job listings on the Platform.
• "Worker" / "Job Seeker" — any registered individual who uses the Platform to find and apply for hourly or daily work.
• "Gig Worker" — a worker in flexible, non-standard, temporary work as contemplated under the Code on Social Security, 2020.
• "Content" — all text, images, videos, reviews, ratings, comments, or other information submitted by Users.
• "INR" / "₹" — Indian National Rupee, the currency for all transactions on the Platform.
• "Applicable Law" — all laws in force in India including the IT Act 2000, IT Rules 2021, Indian Contract Act 1872, Consumer Protection Act 2019, Code on Wages 2019, and Code on Social Security 2020.

2. 🏛️ Nature of the Platform — Intermediary Status

2.1 What the Platform Does

• Provides a digital marketplace to connect Employers with Workers in Ernakulam District, Kerala.
• Hosts and displays job listings submitted by Employers, subject to admin review and approval.
• Facilitates job applications, ratings, and communication between parties.
• Collects platform fees and subscription charges.

2.2 What the Platform Does NOT Do

• Does not employ, engage, hire, or retain any Worker.
• Does not act as employer, principal employer, contractor, or agent of any Worker.
• Does not control or supervise work performed by Workers.
• Does not set, guarantee, or enforce wage rates or working conditions.
• Does not verify accuracy or legality of job listings submitted by Employers.
• Does not verify qualifications, skills, identity, or criminal records of Workers unless expressly stated.
• Does not guarantee job availability, application success, hiring outcomes, or earnings.

2.3 Intermediary Liability

Per Section 79(1) of the IT Act, the Company shall not be liable for third-party information made available by Users, provided we comply with due diligence under the IT Rules 2021. We do not initiate, select, or modify third-party content.

3. 👤 User Eligibility & Registration

3.1 Eligibility

• You must be at least 18 years of age to register.
• You must be legally competent to enter contracts under the Indian Contract Act, 1872.
• Employers must be legally authorised to engage workers and comply with all Applicable Laws.
• Workers must possess all licences or certifications required for work they seek.

3.2 Account Obligations

• You agree to provide accurate, complete, and current registration information.
• You are solely responsible for all activity under your account.
• You must keep login credentials confidential and notify us immediately at the contact in Section 19 of suspected unauthorised access.
• Creating multiple accounts to circumvent bans is prohibited.
• We may suspend or terminate accounts with false or fraudulent information without notice or refund.

3.3 Verification

We may request Aadhaar, PAN, GSTIN, or business registration documents for verification. Document verification, where provided, does not guarantee identity or credentials.

4. 🏢 Employer Obligations & Legal Compliance

4.1 Labour Law Compliance

Employers agree, at their sole cost and responsibility, to:

• Comply with the Code on Wages, 2019 — pay minimum wages applicable in Kerala/Ernakulam for the relevant occupation as notified by the Kerala government.
• Comply with the Code on Social Security, 2020 — including contributions to the Social Security Fund for gig/platform workers as may be notified.
• Comply with the Code on Occupational Safety, Health and Working Conditions, 2020 for applicable establishments.
• Comply with the Contract Labour (Regulation and Abolition) Act, 1970 if applicable.
• Deduct and remit TDS as required under the Income Tax Act, 1961, where applicable.
• Obtain all required licences, registrations, and permits including Factory Licences and Shop and Establishment Act registrations.
• Provide workmen's compensation as required under the Employees' Compensation Act, 1923 / Code on Social Security, 2020.
• Comply with the POSH Act, 2013 (Prevention of Sexual Harassment at Workplace) where applicable.
• Not engage child labour contrary to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

4.2 Accuracy of Listings

• Employers warrant that all job listing information is true, accurate, and not misleading.
• Pay rates stated must be the actual rates payable — not below state minimum wage.
• Employers must not post listings for illegal or prohibited activities.
• The Company may reject, modify, or remove any listing at its sole discretion without liability.

5. 👷 Worker Obligations

• Workers represent they are fit, qualified, and legally authorised to perform work they apply for.
• Workers must possess all required licences (e.g., PSARA for security, FSSAI for food, driving licence for drivers) and keep them current.
• Workers are responsible for their own income tax compliance. Platform earnings may be taxable under the Income Tax Act, 1961.
• Workers must register with appropriate State Social Security Boards as gig/platform workers where mandated under the Code on Social Security, 2020.
• Workers must not misrepresent qualifications, experience, or identity to Employers.
• Workers on this Platform are independent contractors or gig workers — not employees of the Company. The Company provides no employment benefits, PF, ESI, gratuity, or paid leave.

6. 🚫 Prohibited Conduct

The Company shall comply with lawful government orders to remove content or provide User information under Sections 69, 69A, and 69B of the IT Act.

7. ⚠️ NO EMPLOYMENT RELATIONSHIP — CRITICAL DISCLAIMER

7.1 Platform as Pure Intermediary

PassionCrew is a technology platform that facilitates connections between Employers and Workers. At no point does any relationship of employment, agency, joint venture, or partnership arise between the Company and any Worker or Employer.

7.2 Workers Are Not Employees of the Company

• Workers are independent contractors or gig workers engaged directly by Employers.
• The Company does not pay wages, salaries, or remuneration to Workers.
• The Company does not provide EPF, ESI, gratuity, paid leave, medical insurance, or any other employment benefit.
• The Company does not exercise direction or control over how Workers perform services.
• Workers are not entitled to make any claim against the Company for wages, compensation, employment benefits, or regularisation of employment.

7.3 Employer-Worker Relationship

The engagement of a Worker by an Employer creates a relationship solely between those two parties. The Company is not a party to any such engagement. All disputes regarding wages, conditions, injuries, or termination must be resolved directly between Employer and Worker or through appropriate legal forums.

7.4 Code on Social Security, 2020

Employers who use this Platform to engage gig workers are solely responsible for assessing and discharging any social security obligations under the Code on Social Security, 2020, including contributions to any Social Security Fund notified by the Central or State Government. The Company's role is limited to facilitating the match between Employer and Worker.

8. 💳 Financial Transactions & Payment

8.1 Direct Payments

All wage payments between Employers and Workers are made directly between those parties. The Company does not hold, process, guarantee, or intermediate wage payments. The Company is not liable for any failure by an Employer to pay a Worker.

8.2 Platform Fees

Subscription and platform fee payments are processed through Razorpay Payment Solutions Pvt. Ltd., an RBI-authorised payment aggregator. By making a payment you agree to Razorpay's terms of service.

8.3 GST

All platform fees are subject to GST at applicable rates. GST invoices will be issued by the Company. Employers are responsible for their own GST compliance regarding payments to Workers.

8.4 Refund Policy

• Subscription fees are non-refundable once the subscription period has commenced, except where required by the Consumer Protection Act, 2019.
• Refund requests due to technical errors must be submitted within 7 days to the Grievance Officer.
• Chargebacks raised without first approaching the Grievance Officer may result in account suspension.
• No refunds where an account is terminated due to violation of these Terms.

8.5 No Financial Guarantee

The Company makes no representations regarding the financial stability or creditworthiness of any Employer. Workers should exercise independent judgment before commencing any work engagement.

9. 📦 Platform Fees & Subscription Plans

The Company reserves the right to change fee structures with 30 days' notice. Existing subscribers shall not be affected during their current subscription period.

10. ⚖️ Limitation of Liability

10.1 Exclusion of Damages

The Company, its directors, officers, employees, affiliates, and agents shall NOT be liable for:

• Any loss of wages, income, or earnings of Workers arising from Employer non-payment or non-engagement.
• Any loss suffered by Employers due to Worker non-performance, absenteeism, or misconduct.
• Any workplace accident, injury, illness, or death occurring during or arising from any engagement arranged through the Platform.
• Any direct, indirect, incidental, special, consequential, or punitive damages arising from use of the Platform.
• Any loss of data, business, reputation, or goodwill.
• Any claims by third parties including labour authorities, tax authorities, or injured workers against Employers.
• Losses arising from Platform downtime, technical failures, cyberattacks, or force majeure events.
• Losses arising from inaccurate or fraudulent information provided by any User.

10.2 Cap on Liability

To the extent any liability is established despite the exclusions above, the Company's total aggregate liability shall not exceed the total subscription fees paid by that User in the 3 months immediately preceding the event giving rise to the claim.

11. 🛡️ Indemnification

You agree to defend, indemnify, and hold harmless the Company, its directors, officers, and employees from any claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising from or relating to:

• Your use of the Platform in violation of these Terms or Applicable Law.
• Any claim by a Worker against you as Employer relating to wages, working conditions, accident, or labour law non-compliance.
• Any claim by an Employer against you as Worker relating to non-performance or misrepresentation.
• Any tax liability, penalty, or demand from any tax or labour authority arising from your transactions through the Platform.
• Any content you submit that infringes any third-party right or violates any law.
• Any regulatory action, fine, or penalty by any authority arising from your engagement of workers through the Platform.

12. 💡 Intellectual Property

• All trademarks, logos, software code, design, databases, and content (excluding User-submitted content) are the intellectual property of the Company, protected under the Trade Marks Act 1999, Copyright Act 1957, and IT Act 2000.
• You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose only.
• You may not copy, reproduce, modify, reverse-engineer, distribute, or commercially exploit any part of the Platform without prior written consent.
• By submitting Content, you grant the Company a worldwide, royalty-free, perpetual licence to use, display, and distribute such Content for operating the Platform.

13. 🔒 Privacy & Data Protection

Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform you consent to the practices described therein.

We maintain reasonable security practices as required under Section 43A of the IT Act and the IT (Reasonable Security Practices) Rules, 2011 ("SPDI Rules"). We will disclose User information to government agencies and law enforcement upon receipt of lawful orders under Sections 69, 69A, or 69B of the IT Act without prior notice to Users where legally required.

14. 📩 Grievance Redressal

Users may also approach the National Consumer Helpline (1800-11-4000) or Kerala Labour Department for unresolved issues.

15. 🔚 Account Termination

• Users may terminate their account at any time by contacting the Grievance Officer. Active subscription fees are non-refundable upon voluntary termination.
• The Company may suspend or terminate any account immediately without notice or refund for violation of these Terms, fraudulent activity, or as required by court or government order.
• Sections 7, 10, 11, 13, and 17 survive termination.

16. ❗ Disclaimers

• No Guarantee of Work: The Platform does not guarantee that any Worker will find work or that any Employer will find suitable workers.
• No Background Screening: We do not independently verify credentials, background, or criminal history of any Worker or Employer. Background verification is the Employer's sole responsibility.
• As Is: The Platform is provided "as is" and "as available" without warranty of any kind, express or implied.
• Force Majeure: The Company shall not be liable for failure due to acts of God, government actions, pandemic, internet outage, or other events beyond our reasonable control.
• Evolving Law: Gig economy law in India is rapidly evolving (Code on Social Security 2020, Rajasthan Platform-based Gig Workers Act 2023, etc.). Users are advised to seek independent legal counsel to ensure compliance.

17. ⚖️ Governing Law & Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles.

17.2 Jurisdiction

The Courts at Ernakulam, Kerala, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Platform, subject to the arbitration clause below.

17.3 Arbitration

Any dispute that cannot be resolved through good-faith negotiation within 30 days shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). Arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, or failing agreement, by one appointed by the High Court of Kerala. Seat and venue: Ernakulam, Kerala. Language: English.

17.4 Consumer Rights

Nothing in these Terms limits any rights you may have under the Consumer Protection Act, 2019 or the Consumer Protection (E-Commerce) Rules, 2020. Consumers may approach appropriate District Consumer Disputes Redressal Commissions or the National Consumer Helpline.

18. ✏️ Amendments

The Company may amend these Terms at any time. Amended Terms shall be posted with a revised "Last Updated" date. For material changes, we will provide 30 days' advance notice via email or a prominent banner on the Platform. Continued use after the effective date constitutes acceptance. If you disagree, you must discontinue use and may close your account.

19. 📞 Contact Information

20. 📋 Severability & Entire Agreement

If any provision is found invalid or unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements.