Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING CONTRACT UNDER THE INDIAN CONTRACT ACT, 1872 AND THE INFORMATION TECHNOLOGY ACT, 2000. BY ACCESSING, REGISTERING ON, OR USING THE SWIFTCRUIT WEBSITE OR MOBILE APPLICATION (THE "PLATFORM"), YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

a. These Terms take effect, and a binding contract is formed, the moment you access, browse, register on, or otherwise use the Platform. Your electronic acceptance (including by clicking "I agree", checking a box, or continued use) has the same legal effect as a signature under Section 10A of the Information Technology Act, 2000.

b. If you act for an entity, you represent that you hold the authority to bind it, and "you" shall then mean that entity, which shall be jointly liable with the individual accepting these Terms for any breach.

c. You must be at least eighteen (18) years old and competent to contract under the Indian Contract Act, 1872. Recruiters/Employers additionally warrant that they are validly incorporated or existing, duly authorised to recruit and offer employment in the relevant jurisdiction, and not debarred, blacklisted, or under investigation for employment fraud.

d. Swiftcruit may, at its sole discretion, refuse, restrict, suspend, or terminate any person's or entity's access to the Platform, with or without notice, and shall not be liable for any consequences arising therefrom, except as required by applicable law.

a. Swiftcruit is a passive technology intermediary under Section 2(1)(w) of the Information Technology Act, 2000, providing infrastructure to facilitate discovery, communication, and coordination between Recruiters/Employers and Candidates. Swiftcruit is not, and shall not be construed as, an employer, staffing agency, employment agent, placement consultant, or party to any employment relationship.

b. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, trust, or employer-employee relationship between Swiftcruit and any User, or between Users inter se. Each User acts as an independent party solely responsible for its own conduct, decisions, and compliance obligations.

c. All decisions concerning sourcing, screening, interviewing, shortlisting, rejecting, offering, negotiating, or terminating any engagement are made exclusively by the Recruiter/Employer and Candidate concerned. Any resulting contract of employment, internship, or engagement is strictly bilateral between them, and Swiftcruit is not a party, guarantor, or witness to it and assumes no obligation or liability of any kind in connection with it, including as to its validity, performance, or breach.

a. Users must register with accurate, current, and complete information and are solely and irrevocably responsible for safeguarding login credentials and for all activity occurring under their Account, whether or not authorised.

b. Swiftcruit may, in its discretion and without obligation, verify identity, credentials, or business registration using automated tools or third-party services. Any verification badge or indicator is a limited administrative signal only and does not constitute a warranty, endorsement, or assurance of a User's character, competence, legitimacy, or suitability. Each User remains solely responsible for independently verifying any other User before communicating, interviewing, or contracting with them.

c. Each User represents and warrants that all information and Content it submits is true, accurate, lawful, and not misleading; that it holds all rights necessary to submit such Content; that its use of the Platform will not violate any Applicable Law or the rights of any third party; and that it is not subject to any sanction, debarment, or legal disability that would prevent its lawful participation in recruitment activity.

d. Breach of any warranty in this Section is a material breach entitling Swiftcruit to immediately suspend or terminate the Account, forfeit Fees paid, remove Content, and pursue any remedy available under Applicable Law, including recovery of losses under Section 19.

Every Recruiter and Employer shall:

a. Where a Recruiter/Employer accesses, views, contacts, interviews, or otherwise engages with an Introduced Candidate through the Platform, the Recruiter/Employer shall not, for a period of twelve (12) months from the date of such introduction, engage, hire, place, or contract with that Introduced Candidate - whether directly, through an affiliate, or through any third party - for the purpose of avoiding, reducing, or circumventing any Fees otherwise payable to Swiftcruit, without first settling the applicable Fees with Swiftcruit.

b. Any circumvention in breach of this Section shall entitle Swiftcruit to recover, as liquidated damages and not by way of penalty, the full applicable success or placement Fee that would otherwise have been payable, in addition to any other remedy available under Applicable Law.

c. This Section survives termination of a Recruiter/Employer's Account and applies irrespective of whether a paid subscription is active at the time of the circumventing engagement.

a. Certain Services are subject to Fees as published on the Platform or agreed in a specific order form, exclusive of applicable taxes (including GST), which shall be additionally borne and self-assessed by the Recruiter/Employer.

b. On payment failure, delay, chargeback, or dispute, Swiftcruit may suspend paid Services, levy interest/late charges at 18% per annum, and pursue recovery through appropriate legal remedies, including reporting to collection or credit information agencies where permitted by law. Fees are non-transferable without Swiftcruit's prior written consent.

c. Swiftcruit may revise pricing prospectively upon reasonable prior notice through the Platform or email; continued use after the effective date constitutes acceptance of the revised pricing.

d. Except where expressly stated in a specific plan or mandated by Applicable Law, all Fees are final and non-refundable, including unused or unexpired portions of a cancelled subscription. Swiftcruit bears no responsibility for, and shall not process, any payment made by a Candidate to any Recruiter/Employer outside the Platform, which is expressly prohibited.

a. Messaging and scheduling tools may be used solely for legitimate, recruitment-related communication. Swiftcruit does not routinely monitor private messages but reserves an unrestricted right to access, review, preserve, and disclose communications to investigate suspected violations, comply with Applicable Law or legal process, or protect the rights, safety, or property of Swiftcruit or its Users.

b. Interview scheduling tools are administrative conveniences only, offered on a reasonable-efforts basis. Swiftcruit disclaims all responsibility for missed interviews, calendar or notification failures, time-zone errors, or communication breakdowns; Users must independently confirm interview logistics directly with the other party.

c. By registering, you consent to receive transactional and, where opted-in, promotional communications electronically (email, SMS, push, WhatsApp, in-app). Such electronic communication satisfies any legal requirement of writing to the extent permitted under the Information Technology Act, 2000. Promotional opt-out does not affect essential transactional communications.

a. Without limitation, Users shall not, and shall not assist or permit any third party to:

a. Swiftcruit may deploy manual and automated systems to detect and prevent fraudulent postings, fake profiles, impersonation, and payment solicitation, and may investigate any report or suspected violation, request further verification, and act - including suspending an Account pending investigation - without prior notice where circumstances so warrant.

b. Users are encouraged to promptly report suspected fraud, scams, or payment solicitation through the in-Platform reporting mechanism. Swiftcruit is not liable for losses arising from the fraudulent, negligent, or unlawful conduct of any User, whose actions are not attributable to Swiftcruit.

a. All rights, title, and interest in the Platform, its software, algorithms, design, trademarks, and Swiftcruit-created Content are the exclusive property of Swiftcruit or its licensors. Users receive only a limited, revocable, non-exclusive, non-transferable licence to access the Platform strictly in accordance with these Terms; no other right is granted by implication, estoppel, or otherwise.

b. Users retain ownership of Content they submit but grant Swiftcruit a worldwide, perpetual (for archival/legal-record purposes), royalty-free, sub-licensable, transferable licence to host, store, reproduce, display, and use such Content to operate, secure, promote, and improve the Platform. Users warrant they hold all rights necessary to grant this licence and that the Content infringes no third-party right.

c. Swiftcruit may review, screen, edit, or remove any Content at its sole discretion and without obligation to do so, and such action (or inaction) shall not be construed as an endorsement or verification of remaining Content.

a. Users shall keep confidential any non-public information disclosed by another User during recruitment communications and use it solely for the legitimate recruitment process concerned, and not for competitive, commercial, or unrelated purposes.

b. Swiftcruit processes personal data as described in its Privacy Policy and in accordance with the Digital Personal Data Protection Act, 2023 and, for international operations, in a manner adaptable to frameworks such as the GDPR. Swiftcruit implements reasonable technical and organisational security safeguards but does not guarantee absolute security; in the event of a data breach materially affecting a User, Swiftcruit shall notify affected Users and the relevant authority as required under Applicable Law.

c. By using the Platform, you consent to the collection, processing, and sharing of your data as described in the Privacy Policy, including disclosure to prospective Recruiters/Employers upon application, and acknowledge your rights as a data principal (including access, correction, and grievance redressal) as set out therein.

a. Swiftcruit may monitor, moderate, edit, or remove Content, and may suspend, restrict, or terminate any Account without prior notice or liability where a User violates these Terms or Applicable Law, submits false information, engages in fraud, harassment, or abuse, fails to pay Fees when due, or poses a risk to Platform integrity, security, or User safety.

b. Users may delete their Account at any time, subject to data retention obligations under the Privacy Policy and Applicable Law. Termination does not entitle a User to a refund of Fees already paid nor extinguish accrued liabilities (including under Section 7). All provisions which by their nature ought to survive - including Sections 1, 3-4, 7, 12-13, 15-19, and 21-22 - shall survive termination or Account closure indefinitely or for such period as necessary to give them effect.

a. Swiftcruit does not guarantee that any Candidate will receive an interview, offer, or employment, or that any Recruiter will identify or hire a suitable Candidate. Swiftcruit makes no representation as to the quality, character, competence, or suitability of any User and disclaims all responsibility for hiring decisions, workplace conduct, salary or compensation disputes, misrepresentation by Users, or any agreement entered into outside the Platform.

b. Where the Platform employs algorithmic ranking, matching, or recommendation features, such features are provided as a discovery aid only, are not a guarantee of relevance, accuracy, or suitability, and Swiftcruit disclaims liability for any outcome, omission, or perceived bias resulting from their use. See our AI & Automated Hiring Notice for how these features work and how to contest an outcome.

c. Swiftcruit does not conduct background, criminal-record, or credential verification unless separately and expressly contracted as a distinct paid service. All profile, resume, and job-posting information is User-supplied and unverified by Swiftcruit; Users must independently perform due diligence before proceeding with any interview, offer, or engagement.

a. The Platform may link to or integrate third-party services (payment gateways, calendars, video-conferencing tools) not controlled by Swiftcruit; use of such services is at the User's own risk and subject to that third party's terms, and Swiftcruit disclaims all liability arising therefrom.

b. Swiftcruit shall not be liable for delay or failure in performance caused by events beyond its reasonable control, including natural disasters, war, epidemics, governmental action, or failure of internet, power, or third-party infrastructure.

c. Swiftcruit will use commercially reasonable efforts to maintain availability but does not guarantee uninterrupted or error-free operation, and may suspend access for maintenance or modify, suspend, discontinue, or re-price any Service at its discretion, with or without notice, without liability except as expressly provided in Section 8.

a. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. SWIFTCRUIT DOES NOT WARRANT THAT THE PLATFORM WILL MEET USER REQUIREMENTS OR OPERATE ERROR-FREE.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTCRUIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, NOR FOR ANY DISPUTE, MISREPRESENTATION, DISCRIMINATION, WORKPLACE INCIDENT, OR SALARY DISPUTE ARISING BETWEEN USERS, WHETHER OCCURRING ON OR OFF THE PLATFORM.

c. SWIFTCRUIT'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE FEES ACTUALLY PAID BY THE CLAIMING USER TO SWIFTCRUIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR INR 5,000, WHICHEVER IS LOWER - EXCEPT WHERE LIABILITY CANNOT LAWFULLY BE LIMITED (INCLUDING FRAUD OR WILFUL MISCONDUCT).

d. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION ACCRUED, FAILING WHICH IT SHALL BE PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Swiftcruit and its directors, officers, employees, and affiliates from and against all claims, liabilities, damages, losses, and costs (including reasonable legal fees) arising from or connected to: (a) your access to or use of the Platform in violation of these Terms or Applicable Law; (b) Content you submit; (c) infringement of any third party's intellectual property, privacy, or other rights; (d) any employment relationship, offer, dispute, or transaction with another User, including any circumvention under Section 7; or (e) your fraud, misrepresentation, negligence, or wilful misconduct. Swiftcruit reserves the right to assume exclusive control of the defence of any matter subject to indemnification, at your expense.

a. Each User warrants compliance with all applicable anti-bribery, anti-corruption, export control, and economic sanctions laws, and confirms it is not a person or entity sanctioned or debarred under any Indian or applicable international sanctions regime, and is solely responsible for its own tax obligations (including GST) arising from Fees or compensation agreed with another User.

b. Swiftcruit may preserve, access, and disclose User information where required by Applicable Law, court order, or valid governmental request, and may voluntarily cooperate with law enforcement in investigating unlawful activity, including sharing relevant records in accordance with the Privacy Policy.

c. Where a User's breach, misuse, fraud, or circumvention causes financial or reputational loss to Swiftcruit, Swiftcruit may pursue recovery of such losses - including legal and investigation costs - through appropriate civil or criminal proceedings, and may seek interim or permanent injunctive relief in addition to damages, as monetary compensation alone may be an inadequate remedy for breach of Sections 7, 12, or 13.

a. These Terms are governed by the laws of India. As Swiftcruit expands internationally, region-specific addenda may apply to Users in other jurisdictions, prevailing over these Terms solely as to conflicts affecting Users in that jurisdiction.

b. Disputes shall first be addressed through good-faith written negotiation for thirty (30) days, failing which they shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by Delhi International Arbitration Center, seated at Bangalore, Karnataka, India, conducted in English. Each party bears its own costs unless the arbitrator directs otherwise. All disputes shall be resolved on an individual basis only; no User may bring or participate in any class, collective, or representative proceeding against Swiftcruit, to the extent permitted by Applicable Law.

c. Notwithstanding the foregoing, Swiftcruit may seek urgent interim or permanent injunctive relief from a court of competent jurisdiction to protect its intellectual property, confidential information, or rights under Section 7, without first resorting to arbitration.

d. Subject to the above, the courts at Bangalore, Karnataka, India, shall have exclusive jurisdiction over all matters not required to be arbitrated.

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, grievances may be addressed to the Grievance Officer below, who shall acknowledge receipt within twenty-four (24) hours and endeavour to resolve it within the statutory timeline.

This Section applies in addition to Sections 1-22 whenever a Candidate takes a coding assessment, technical test, or proctored interview through the Platform. It is supplemented by our Candidate Assessment & Proctoring Notice, which controls as to what is captured during a monitored session.

BY USING THE SWIFTCRUIT PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.