Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using NearSkill (“the Platform,” “we,” “us,” or “our”), including submitting a job application, creating a candidate profile, uploading a resume, posting a job listing, or otherwise interacting with the Platform in any manner, you (“you,” “your,” or “User”) acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms”) and all applicable laws and regulations. These Terms form a binding legal agreement between you and NearSkill.

If you do not agree to any provision of these Terms, you must immediately cease all use of the Platform. We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time by posting the revised Terms on this page. Material changes will be indicated by updating the “Last updated” date. Your continued use of the Platform following the posting of any changes constitutes unconditional acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of the Platform

NearSkill is a technology platform that connects job seekers (“Candidates”) with employers, recruiters, and hiring entities (“Employers”). The Platform aggregates, curates, and enriches publicly available job listings and also hosts job listings submitted directly by Employers. We use automated technologies, including artificial intelligence, to structure, enhance, and present job information — such as compensation data, required skills, responsibilities, qualifications, and application insights — in a standardized format for easier comparison and evaluation by Candidates.

3. Eligibility

By using the Platform, you represent and warrant that: (a) you are at least 16 years of age (or the legal age of majority in your jurisdiction, if higher); (b) you have the legal capacity to enter into a binding agreement; (c) you are not barred from using the Platform under the laws of your jurisdiction; (d) all information you provide to the Platform is true, accurate, current, and complete; and (e) you will maintain and promptly update such information to keep it accurate. If you are using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Candidate Terms

This section applies to all users who browse, search, or apply to jobs on the Platform (“Candidates”).

4.1 No Employment Guarantee

NearSkill does not guarantee, and makes no representations or warranties regarding: (a) employment, job offers, interviews, hiring outcomes, or career advancement; (b) the availability, suitability, quality, or safety of any job listing; (c) the accuracy or completeness of any job description, salary information, or employer representation; (d) that any application will be reviewed, acknowledged, or responded to by an Employer; (e) the duration of any job posting; or (f) any particular number of job matches, profile views, or application responses. NearSkill is not liable for any failure to secure employment, loss of employment opportunity, or any other adverse outcome related to your job search.

4.2 Accuracy of Candidate Information

You are solely responsible for the accuracy, completeness, and truthfulness of all information you provide on the Platform, including but not limited to: your name, contact details, resume/CV content, employment history, educational qualifications, professional certifications, technical skills, years of experience, compensation information (current and expected), work authorization status, and any other information submitted in your profile or application. You acknowledge that providing false, misleading, or fraudulent information may result in immediate suspension or termination of your access to the Platform and may have legal consequences.

NearSkill does not independently verify the accuracy, completeness, or authenticity of Candidate-provided information. Employers rely on the accuracy of your representations when evaluating your application. Any misrepresentation may result in disqualification from current and future opportunities and may expose you to liability.

4.3 Application Authorization

By submitting an application through the Platform, you explicitly authorize NearSkill to: (a) process and store your application materials, including your resume and all associated data; (b) create and maintain a candidate profile based on the information you provide and information extracted from your resume through automated processing; (c) share your application materials, profile data, and contact information with the specific Employer(s) associated with the position(s) you apply to; and (d) retain your information in accordance with our Privacy Policy. You acknowledge that once your information is shared with an Employer, NearSkill does not control how that Employer uses, stores, or shares your data.

4.4 No Payment from Candidates

NearSkill does not charge Candidates any fees to browse jobs, create a profile, upload a resume, or submit applications. The Platform is and will remain free for Candidates. If any person or entity claiming to represent NearSkill asks you for payment in exchange for job access, application processing, interview guarantees, or employment offers, it is fraudulent. Report such incidents immediately to [email protected].

4.5 Fraud Awareness

Be vigilant against recruitment fraud. Legitimate employers will never ask you for payment, bank account details, credit card information, or identity documents (such as passport scans or government ID numbers) as part of the initial application process. NearSkill is not responsible for the actions of fraudulent actors who may impersonate Employers or misuse the Platform. If you encounter suspicious activity, report it immediately and exercise caution before sharing sensitive personal information.

5. Employer Terms

This section applies to all employers, recruiters, staffing firms, hiring managers, and any other entities that post jobs, review candidates, or use the Platform for hiring purposes (“Employers”).

5.1 Employer Responsibility

Employers are solely responsible for: (a) the accuracy, completeness, and legality of all job descriptions, requirements, qualifications, compensation information, and any other content posted on the Platform; (b) all hiring decisions, including but not limited to candidate screening, interview selection, evaluation, rejection, and offer decisions; (c) the interview process, including any technical assessments, background checks, reference checks, and verification procedures; (d) the terms and conditions of any employment offer, including salary, benefits, working conditions, and contractual terms; (e) compliance with all applicable labor laws, employment regulations, anti-discrimination laws, equal employment opportunity laws, minimum wage laws, and workplace safety regulations in every jurisdiction where they operate and hire.

5.2 No Candidate Guarantee

NearSkill does not guarantee and makes no representations or warranties regarding: (a) the quality, suitability, qualifications, experience, or reliability of any Candidate; (b) the accuracy or truthfulness of Candidate-provided information, resumes, or profiles; (c) the availability of Candidates for any position, location, or timeframe; (d) any particular number of applications, qualified candidates, or successful hires; (e) that any Candidate will accept an interview invitation or employment offer; (f) the performance, conduct, or behavior of any Candidate if hired. Employers are responsible for conducting their own due diligence, verification, and screening of all Candidates.

5.3 Employer Compliance Obligations

Employers represent and warrant that they will: (a) comply with all applicable federal, state, and local labor laws, employment regulations, and workplace safety standards in all jurisdictions where they operate; (b) not discriminate against any Candidate on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, genetic information, veteran status, marital status, or any other characteristic protected by applicable law; (c) maintain the confidentiality of Candidate information and use it solely for recruitment and hiring purposes; (d) not use Candidate data for marketing, solicitation, or any purpose unrelated to the specific job application; (e) not charge Candidates any fees for application processing, interviews, or employment offers; (f) provide accurate and complete information about the position, compensation, benefits, and working conditions; and (g) promptly update or remove job postings that have been filled or are no longer active.

5.4 Job Posting Requirements

All job postings on the Platform must: (a) represent genuine, currently available employment opportunities; (b) include accurate and specific information about the role, responsibilities, required qualifications, and compensation; (c) not contain misleading, deceptive, or fraudulent content; (d) comply with applicable labor laws regarding job advertising; (e) not require Candidates to pay any fees, purchase any products or services, or provide financial account information as a condition of application or employment. NearSkill reserves the right to remove any job posting that violates these requirements at any time without prior notice.

6. Prohibited Conduct

All Users agree not to engage in any of the following prohibited activities:

• Creating or using fake identities, aliases, or impersonating any person or entity.
• Submitting fraudulent, falsified, or materially misleading resumes, profiles, job postings, or any other information.
• Using the Platform to send spam, unsolicited commercial messages, chain letters, pyramid schemes, or any form of unauthorized solicitation.
• Harassing, abusing, threatening, stalking, or otherwise harming any User, Candidate, Employer, or NearSkill representative.
• Scraping, crawling, data-mining, or systematically extracting data from the Platform using automated means (bots, spiders, scrapers, etc.) without our express prior written consent.
• Attempting to interfere with, compromise, or disrupt the Platform, its servers, networks, or security measures, including through denial-of-service attacks, malware, viruses, or other harmful code.
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Platform or any part thereof.
• Accessing or attempting to access areas of the Platform not intended for public access, including other Users’ accounts, private data, or administrative interfaces.
• Using the Platform for any illegal purpose or in violation of any applicable local, state, national, or international law or regulation.
• Posting, uploading, or transmitting any content that is unlawful, defamatory, obscene, pornographic, hateful, discriminatory, or otherwise objectionable.
• Violating the intellectual property, privacy, publicity, or other rights of NearSkill, other Users, or any third party.
• Discriminating against any individual on any basis prohibited by applicable law.

7. Account Suspension & Termination

NearSkill reserves the right, at its sole discretion and without prior notice or liability, to: (a) suspend, restrict, limit, or terminate your access to or use of the Platform, in whole or in part; (b) remove, disable, or delete your profile, applications, job postings, or any content you have submitted; (c) block your IP address, device, or browser from accessing the Platform; and (d) pursue any and all legal remedies available, for any reason or no reason, including but not limited to: violation of these Terms, violation of applicable law, engagement in prohibited conduct, suspected fraudulent or illegal activity, requests from law enforcement or government authorities, discontinuance or material modification of the Platform, unexpected technical or security issues, or extended periods of inactivity.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, liability limitations, indemnity obligations, and dispute resolution provisions. We shall not be liable to you or any third party for any termination of your access to the Platform.

8. Intellectual Property

The Platform and all of its original content, features, functionality, and design elements — including but not limited to: the NearSkill name, logo, domain name, website design, user interface, software code, algorithms, database structure, curation methodology, AI enrichment outputs, and all related intellectual property — are and shall remain the exclusive property of NearSkill and its licensors. These are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of India and other jurisdictions.

Job listings, employer branding materials, logos, and descriptions posted by Employers remain the intellectual property of their respective owners. Resumes, profiles, and application materials submitted by Candidates remain the property of the respective Candidates, subject to the license granted to NearSkill and Employers under these Terms for processing and recruitment purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any portion of the Platform without our express prior written consent, except as expressly permitted by these Terms or applicable law.

9. Third-Party Links & Content

The Platform contains links to third-party websites, services, and resources — including but not limited to employer career pages, external application forms, company websites, and job boards. These links are provided solely for your convenience and do not constitute endorsement, approval, or affiliation by NearSkill. We do not control, review, verify, or assume responsibility for the content, accuracy, privacy practices, security, terms of service, or any other aspect of third-party websites or services. You access and use third-party links entirely at your own risk. We encourage you to review the terms of service and privacy policies of any third-party website you visit. NearSkill shall not be liable for any loss, damage, or harm arising from your use of or reliance on any third-party content, website, or service.

10. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEARSKILL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEARSKILL MAKES NO WARRANTY THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (C) ANY JOB LISTING, CANDIDATE PROFILE, OR OTHER CONTENT ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) ANY EMPLOYMENT, HIRING, OR CAREER OUTCOME WILL RESULT FROM YOUR USE OF THE PLATFORM; OR (E) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEARSKILL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF EMPLOYMENT OPPORTUNITY, LOSS OF ANTICIPATED WAGES OR SALARY, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY JOB LISTING, APPLICATION, HIRING DECISION, OR EMPLOYMENT OUTCOME; (C) ANY CONDUCT, ACT, OR OMISSION OF ANY USER, CANDIDATE, EMPLOYER, OR THIRD PARTY; (D) ANY CONTENT, INFORMATION, OR MATERIALS ON THE PLATFORM; (E) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (F) ANY OTHER MATTER RELATING TO THE PLATFORM — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF NEARSKILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NEARSKILL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NEARSKILL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless NearSkill, its affiliates, parents, subsidiaries, and their respective officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees, court costs, and litigation expenses) arising out of or related to: (a) your use of or access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any third-party right, including without limitation any intellectual property, privacy, publicity, or contractual right; (e) any content, information, resume, profile, job posting, or other material you submit, post, transmit, or make available through the Platform; (f) any misrepresentation, fraudulent act, or omission by you; (g) your conduct, acts, or omissions in connection with your use of the Platform; or (h) any dispute between you and another User, Candidate, or Employer.

NearSkill reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with NearSkill in asserting any available defenses. You shall not settle any matter without the prior written consent of NearSkill.

13. Governing Law & Jurisdiction

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (whether in contract, tort, statute, or otherwise), shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Platform shall be instituted exclusively in the courts of competent jurisdiction located in Mumbai, Maharashtra, India. You and NearSkill irrevocably consent to the exclusive personal jurisdiction and venue of such courts and waive any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction. Notwithstanding the foregoing, NearSkill may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other legitimate business interests.

14. Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact NearSkill at [email protected] and attempt to resolve the dispute informally. Both parties shall make good-faith efforts to resolve any dispute through informal negotiation for a period of at least thirty (30) days before either party may pursue formal remedies. This provision does not apply to claims related to intellectual property infringement, unauthorized access to the Platform, or other matters requiring urgent equitable relief, for which either party may seek immediate judicial intervention.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, Disclaimer, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and NearSkill concerning the Platform and supersede all prior or contemporaneous agreements, understandings, representations, and communications, whether oral or written.
• Severability:If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ original intent to the fullest extent permitted by law, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.
• Waiver: The failure of NearSkill to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any waiver must be in writing and signed by an authorized representative of NearSkill to be effective.
• Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of NearSkill. NearSkill may assign or transfer these Terms at its sole discretion without restriction. Any attempted assignment in violation of this provision shall be null and void.
• Force Majeure: NearSkill shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, epidemic, labor disputes, internet or utility failures, third-party service interruptions, or hardware or software malfunctions.
• Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and NearSkill. You have no authority to bind NearSkill in any respect whatsoever.
• Notices: NearSkill may provide notices to you via email (to the address you provide), by posting on the Platform, or through other reasonable means. Notices to NearSkill must be sent in writing to [email protected].
• Headings: Section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision.

16. Contact Information

For questions, concerns, legal notices, or reports regarding these Terms of Service, please contact: