Terms & Conditions
Last updated: January 1, 2020
These Terms include, among other provisions:
Your agreement that the Services are provided “as is,” without a warranty, and that your use of the Services is entirely at your own risk.
Your agreement that the Company has no liability regarding the Services.
Your agreement that by using the Services and posting Shifts, no employer-employee relationship is created by you and the Company and/or you and any Service Provider.
Your agreement that use of the Services is entirely at your own risk.
Your understanding and agreement that the Company does not preform background checks for or otherwise verify or vouch for any Users on the Services.
DURATION AND ABOUT THE SERVICES
These Terms remain in full force and effect while you use the Services. The Company may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply discontinue using the Services and close your account. All provisions of the Terms shall survive termination by either party, including, without limitation, warranty disclaimers, indemnity, and limitations on liability.
About the Services
The Services is a platform for enabling connections between restaurants, stores, and other establishments (“Businesses”) and individuals who are interested in performing work or tasks for the Businesses (“Service Providers”). Businesses post available shifts and other work (“Shifts”) through the Services, and Service Providers may pick up these Shifts or otherwise offer to perform the work through the Services. Hereinafter, Businesses and Service Providers are collectively referred to as the “Users.”
USE OF THE SERVICES
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services in accordance with these Terms. We reserve the right to refuse services, terminate accounts, and remove or edit content in our sole discretion. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
Similarly, by using the Services you hereby grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in any information that you post on or provide for the Services, in any media now known or not currently known in order to perform and improve upon the Services.
The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Services.
Users Outside the US
The Services are controlled and operated from the United States and the Company is subject to its laws. If you choose to access the Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
To use the Services you must specify that you are registering as a Business and complete the account registration with current, complete, and accurate information as prompted. You are solely responsible for maintaining the confidentiality of your account password and information. The Company will assume that anyone using the Services or transacting through your account is you. You agree that you are solely responsible for any and all activity that occurs under your account. You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account and/or account settings.
The Company must be immediately notified of any unauthorized use of your account and any other such security breach. The Company will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge.
By providing your name, email address, and/or phone number and using the Services, you consent to being contacted by the Company and/or any Service Provider using the Services for any and all purposes related to the Services. Your account, and any information listed on it, will never be shared with any other Businesses. Service Providers will be able to view your ratings and reviews (explained below), plus other background information on your account related to your business (i.e. website), but will not have access to your business address, phone number, or email address unless and until you have accepted their offer to work a Shift at your establishment. You consent to the release of all of the information on your account, not including financial information, to any Service Provider that you approve to work a Shift at your establishment.
If you receive any communications from a User that is unrelated to the Services, please contact the Company and appropriate action will be taken at the discretion of the Company.
Compliance with Applicable Laws
If you choose to use the Services, it is your sole responsibility to ensure that you abide by all applicable laws when using the Services and facilitating any Shifts connected to the Services.
By creating an account, you agree to subscribe to newsletters, marketing or promotional materials, and other information the Company may send. However, you may opt-out of receiving any, or all, of these promotional communications from the Company by following the unsubscribe link or instructions provided in any email the Company sends.
Links (such as hyperlinks) from the Services to other sites on the Web do not constitute the endorsement by the Company of those sites or their content, including links posted by you. The existence of links on the Services to such websites (including without limitation external websites that are framed by the Company Services, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators.
SERVICE PROVIDERS USING THE SERVICES
The Services is a platform for enabling connections between Users for the fulfillment of Shifts needed by the Businesses, and the Company is not responsible for the performance of any User. The Company does not have any control over the quality, accuracy, legality, timing, or any other aspect of the information posted by Service Providers, nor over the integrity, responsibility, or any of the actions or omissions of any Users. The Company makes no representations about the suitability, reliability, timeliness, or accuracy of any Service Providers or any information provided by a Service Provider, whether in public, private, or offline interactions, and whether or not connected with the Services.
By using the Services you agree and understand that the Company does not preform background checks or otherwise verify any Service Provider, or his or her family, friends, or other contacts. The Company also does not verify any licenses, qualifications, skills, or other experience that may be claimed by a Service Provider. If a license or qualification is required for a Shift posted by a Business, the Business is solely responsible for verifying that the Service Provider has the necessary licenses and/or qualifications. Use of any Service Provider for any Shift is at the Business’s own risk.
The Company will require details from each Service Provider prior to allowing the Service Provider to pick up Shifts on the Services, such as work history, work preferences, photograph, skills, and contact phone number. While the Company will encourage Service Providers to provide accurate information to increase their chances of picking up Shifts through the Services, the Company cannot guarantee that these details will be correct and provides no warranty as to the quality, accuracy, legality, or other features of any Service Provider listed on the Services.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES, AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
SHIFTS POSTED ON THE SERVICES
Details of the Shifts
Once a Business has created an account on the Services, the Business may post Shifts on the Services. Businesses may post an unlimited number of Shifts for any work or task and for any duration of time, as allowed by law.
All Shift postings should include, at a minimum:
Date of Shift
Start and end times of Shift
Work to be performed
Skills needed, including any required licenses
Rate of pay – hourly or lump sum
Contact name and phone number on the day of the Shift
Location of Shift, if other than Business headquarters
Any necessary uniform, clothing, materials, or equipment to bring
BUSINESSES ARE SOLELY RESPONSIBLE FOR FOLLOWING ALL APPLICABLE LAWS REGARDING INDEPENDENT CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, AGE VERIFICATION, LICENSE VERIFICATION IF APPLICABLE, BREAKS, REPORTING, AND SAFETY.
All Shifts must be for work needed by the establishment, either at the Business’s headquarters or an associated location. Businesses are prohibited from posting shifts for personal matters, including at any private residence unless related to the business operations, such as catering an event at a private residence.
If a Service Provider is asked to do anything dangerous (outside of the normal expectations of the industry), illegal, inappropriate, or otherwise objectionable during a Shift, the Company instructs the Service Provider to leave the Shift and report such activities to the Company. The Company reserves the right to take all action necessary to prevent such activities in the future and reimburse the Service Provider, including, but not limited to, contacting the necessary authorities, canceling the Business’s account on the Services, or invoicing the Business for the Shift and Service Fee. By using the Services you agree to pay any such invoice even if the Service Provider did not complete his or her Shift due to dangerous, illegal, inappropriate, or otherwise objectionable circumstances.
You agree to indemnify, hold harmless, and defend the Company from any and all claims that a Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency, or other body that a Service Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that the Company was an employer or joint employer of a Service Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment, or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
The Services are only a platform for connecting Users. Because the Company is not involved in the actual contact between Users or in the completion of any Shift, in the event that you have a dispute with one or more Users, you release the Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company expressly disclaims any liability that may arise between Users of the Services.
The Company may terminate or suspend your right to use the Services at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Without limitation, the Company may terminate or suspend your right to use the Services if you breach this Agreement or any policy of the Company posted on the Services from time to time, or if the Company otherwise finds that you have engaged in inappropriate and/or offensive behavior. Asking a Service Provider to perform dangerous, illegal, inappropriate, or objectionable tasks or not notifying a Service Provider that his or her services are not needed prior to the start time of a Shift are grounds for immediate account termination, at the sole discretion of the Company.
If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Services and deleting your account. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
The materials on the Services shall remain the property of the Company and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. You may not remove or obscure the copyright notice or any other notices contained throughout the Services or anything retrieved or downloaded from them. You hereby acknowledge all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Services, and that you will not acquire any right, title, or interest in or to the Services except as expressly set forth in these Terms. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of the Services, or our software or documentation, or create or attempt to create substitute or similar services or products through use of or access to the Services or proprietary information.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
NONE OF THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (2) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (a) THE CONTENT ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROFILES CREATED BY SERVICE PROVIDERS, OR (b) WORK PROVIDED BY A SERVICE PROVIDER.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. THE SERVICES AND ALL CONTENT AND INFORMATION CONTAINED ON THE SERVICES, REVIEWS, SHIFT POSTINGS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT OR INFORMATION CONTAINED ON THE SERVICES OR THE SHIFT POSTINGS, REVIEWS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
THE COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY SERVICE PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENCE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT SANCTION, SPONSOR, APPROVE, AND/OR PROVIDE ANY WARRANTIES OR GUARANTEES RELATED TO THE ACCURACY, QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THE SERVICE PROVIDER PROFILES POSTED ON THE SERVICES OR OTHER USERS. BY USING THE SERVICES YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SHIFT POSTED OR WORKED, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
YOU ACKNOWLEDGE THAT POSTING SHIFTS, APPROVING SERVICES PROVIDERS TO WORK SHIFTS, AND/OR ALLOWING ANY SERVICE PROVIDER TO WORK A SHIFT IS AT YOUR OWN RISK AND JUDGEMENT. THE COMPANY SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR COMMUNICATIONS, RELATIONSHIPS, OR PARTICIPATION WITH SERVICE PROVIDERS, WHETHER OR NOT THEY ARE CONNECTED TO THE COMPANY AND/OR THE SERVICES.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES INCURRED BY YOU ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (2) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU FEEL UNSAFE OR HAVE AN EMERGENCY SITUATION WHILE WORKING OR IN CONNECTION TO A SHIFT, CONTACT LOCAL EMERGENCY SERVICES (DIAL 911) IMMEDIATELY. DO NOT EVER CONTACT THE COMPANY IN AN EMERGENCY SITUATION.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE SERVICES EXCEED ONE THOUSAND U.S. DOLLARS (USD $1,000).
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AFFILIATES AND LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE COMPANY SERVICES.
FURTHERMORE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES ARISING FROM ANY LOSS, INJURY, OR OTHER DAMAGE RESULTING FROM THE USE OF THE SERVICES.
Non-Assignment Of Rights
Your rights of any nature cannot be assigned nor transferred. Any such attempt may result in termination of your ability to use the Services, without liability to us. However, the Company may assign this Agreement to any person or entity at any time without notice.
Failure of the Company to insist upon strict adherence to any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights that we may have. Nor shall it be construed as a waiver of any subsequent breach of the terms or conditions, and they shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. If any provision of these Terms is found invalid or unenforceable to any judicial decree or decision, it shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable as is.
You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Furthermore, you agree that: (1) the Company shall be deemed solely based in California and that the Company shall be deemed a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California; and (2) the Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Any and all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of California or another location mutually agreeable to the parties, except as specified below. YOU UNDERSTAND THAT BINDING ARBITRATION PREVENTS EITHER PARTY FROM LATER SUING IN COURT OR HAVING A JURY TRIAL. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in online services and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
You and the Company agree that any arbitration will be limited to the dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY IS EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have operated as a waiver of any right or remedy.
Change in Services
The Company has the right to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use at any time and without specific notice.
Changes to the Terms of Service
We may modify these Terms of Service from time to time. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify users by email and/or by posting a notice on the Services of these changes and the effective date.
By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.
This Agreement and any operating rules for the Services established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of California, without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Effective: January 1, 2020