Workker (“Workker” or “We”)owns and operates the Workker website, available at www.Workkerapp.com(“Website”), which we use to make available a marketplace through which Companies(“Companies”) solicit for hire independent Workers or teams of Workers(a “Service Provider” when used independently as the context requires,and collectively with independent Workers, “Workers”) to provide general labor or skilled trades services (“Platform”).Workker may also make available mobile applications (collectively, the “App”)to access the Platform from tablets, smart phones, and other mobile devices.
1. Workker Platform
The Platform is a marketplace which(i) offers account registration to Companies through which the Companies solicit for hire Workers (ii) offers account registration to Workers seeking hire by Companies in need of general labor or skilled trade services (items (i) and (ii) collectively,the “Services”).
1.2 Terms of Service.
These Terms of Service (the “Terms”)apply to all visitors and users of the Website, App and Services (“Users”or, as applicable “You”), including Companies and Workers. Workker may modify these Terms at any time in our sole discretion by posting a notice on the Website or App. Any changes shall become effective thirty (30) days from the date an update is posted.
2.Registration and Profile
You represent and warrant that You are the age of majority in Your jurisdiction, if You are using the Services on behalf of a company or Service Provider, You represent and warrant that You have full power and authority to act on behalf of the company or Service Provider, including without limitation, the authority to bind the company or Service Provider. By using the Website, App or Services on behalf of any company or on behalf of a Service Provider, You hereby represent and warrant that the individual accepting these Terms is duly authorized to accept the Terms on such third party’s behalf and such third party has the full power to enter into these Terms and perform its obligations hereunder.
In order to use Workker Services,You must register for an account as either an Company or Worker (“Account”).You represent and warrant that all information as may be prompted by any registration forms (“Registration Data”) is accurate, current, and complete; and (b) You will not distribute your password to any other person,unless such person is part of your company or Service Provider.
2.3 Personal Information.
2.4 Billing Information.
Users shall provide valid credit card information or other acceptable payment information to register(collectively known as "Billing Information”), which shall be provided to Workker’s third-party payment processor (“Payment Processor”)and used for payment of fees owed under for any Services or use of the Platform, as applicable. Users shall promptly advise Workker if their Billing Information changes due to loss, theft, cancellation, expiry or otherwise, and Users shall be liable for any failure to pay Fees caused by out-of-date billing information (“Payment Failure”) Workker shall not be liable for any Payment Failure, and hereby disclaims all liability for any claim, actions, or charge relating to any Payment Failure.
2.5Profile Page and Rating and Review Feature.
Workker may collect feedback and ratings from Companies and Workers about their experience working with other Users. Workker may use this feedback to provide other Users with information on Companies and Workers. Workker may publish feedback and comments about Users on the Services so that Users may review and evaluate the experiences of other Users. Workker disclaims any liability for any such feedback, and expressly disclaims that feedback are the statements and opinions of third-parties, who are in no way associated with, employed or retained by Workker. If You have any concerns about the feedback that is published about You, please contact us at info@Workkerapp.com.
3.1 Company Jobs.
Companies seeking Workers may use the Services to create and publish job pages (known as “Job Pages”)indicating the job description associated with the job (“Job”). Each Job Page shall state the type of employment, Workers license type, years of experience, vehicle type, trailer type, additional skills, location of job,description of job, shift times, wage, quantity of Workers and estimated start and estimated completion date. In addition, the Job Page may specify other terms and conditions for hire of any Worker. Once a Company has hired Worker(s)for a specific Job, the compensation information will be included on the Job Page.
Workers are notified and can view Job Pages on Workker and submit applications for hire (“Application”). The first Worker to accept the Job is awarded the work. The Company is then provided contact information, ability to view the full profile of the Worker and communicate via the App.
4.Worker Contracts for Service
Each Company agrees and acknowledges that it shall contract any and all Workers through Workker that have been discovered and solicited through the platform. Each Worker agrees and acknowledges that it shall be contracted by Workker for any and all jobs assigned to them through the platform.
In using the Website, Platform and/or the Services, as a Worker You agree to:
In using the Website, Platform and/or the Services, as a Company You agree to:
Workker has no control over the conduct of Users or the truth or accuracy of the information that Users post on Workker, including on Job Pages. Workker does not guarantee the true identity of any User. You are responsible for determining the identity and suitability of any person or entity You may contact by means of the Platform. All Workers are independent third parties who (i) are not agents of Workker; and (ii) have no authority to bind or contract for Workker. Each Worker represents and warrants that it shall not hold itself out as having any authority to act for or on behalf of Workker. Workker does not endorse any persons who use or register for our Services.
Each Company represents and warrants that, at its sole cost and expense, it maintains appropriate insurance in accordance with industry standards and as required by law. The Company will provide sufficient insurance on the Company’s equipment and/or vehicles(whether owned or leased) with regard to collisions, public liability, property damage, fire and theft and that such coverage will provide WORKKER with full benefit and protection.
5.License; Intellectual Property
5.1 Reservation of Rights.
The Services and all materials therein or transferred thereby, including, without limitation, software,images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Workker Content”), and all intellectual property rights related thereto, are the exclusive property of Workker and its licensors. Users agree not to use of the Workker Content for any purpose not expressly permitted by these Terms.
You may choose to or we may invite You to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Comments”).By submitting any Comments, You agree that Your disclosure is gratuitous,unsolicited and without restriction and will not place Workker under any fiduciary or other obligation. You further agree that Workker is free to use the Comments without any compensation to You, and Workker is free to disclose the Comments on a non-confidential basis or on any other basis, to anyone.
5.3 User Content.
Workker does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by You through use of the Workker Website, App or Service, including but not limited to resumes, job descriptions, photos, graphics, designs, drawings,electronic documents and comments (“User Content”).
5.4 License to User Content.
Users agree that by using the Website, Platform, App and/or Services, each User grants Workker a worldwide,royalty-free, non-exclusive license to collect, use, reproduce, store, display and sub license such User Content for the purpose of operating the Website, App and Services.
Workker may impose certain limitations on the use of the Website, Platform, App or Services, including,but not limited to restricting the number of accounts for which You may register, and/or imposing charges for certain features of the Services. You agree to use the Workker Website and the Services only for purposes as permitted by these Terms. Workker reserves the right to modify or impose any limitations on the use of the Workker Website, Platform, App and the Services at any time, with or without notice to You. Workker also reserves the right at all times to terminate any Companies’ or Workers’ use of the Platform at anytime without any liability whatsoever to the Company or Worker as the case maybe. In using the Website, Platform and/or the Services, You agree not to:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease,transfer, assign or otherwise commercially exploit the Website, Platform, App or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, Platform, App or any software provided by us;
(e) use the Services to transmit,distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting with one another;
(g) register for more than one user account or register for a user account on behalf of an individual other than Yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Service or the Site;
(j) use Workker to find Worker for a Job and then complete the transaction offline in order to circumvent Your obligation to pay for the Service;
(k) submit any Job Page with a false or misleading compensation associated with the Job, or submit any Job Page with a compensation that You do not intend to honour; or
(l) advocate, encourage, or assist any third party in doing any of the foregoing.
Each of the Users, Workers, and Companies(each an “Indemnifying Party”) agrees to defend, indemnify and hold Workker,its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors (each an “Indemnified Party”) harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content an Indemnifying Party creates, submits, posts,transmits, or otherwise makes available through the Website, Platform, App or Services; (b) Indemnifying Party’s use of the Website, Platform, App or Services; (c) any dealings between an Indemnifying Party and any persons whom it sends or otherwise transmits links or any content to using the Service,including without limitation claims relating to misrepresentation; (d) any violation by an Indemnifying Party of these Terms; (e) Indemnifying Party’s violation of any rights of another; (f) any claim, lawsuit, or levy brought by a third-party against an Indemnified Party for failure to pay any tax, import,or tariff obligation of an Indemnifying Party; or (g) Indemnifying Party’s violation of any contract it enters into with another User of the Service,Platform or Website. This obligation shall survive the termination or expiration of these Terms and/or each Indemnifying Party’s use of the Services,Platform, or Website.
8.1 Termination by Workker.
Workker may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of a User’s Account and/or access to the Website, Platform, App or Services.Any such termination or suspension shall be made by Workker in its sole discretion, and Users agree that Workker will not be responsible to a User or any third party for any damages that may result or arise out of such termination or suspension of a User’s Account and/or access to the Services,Website, or Platform.
8.2 Closing of Account by User.
At any time a User may terminate and close the User’s Account, provided that the Account is in “good standing”. An Company’s Account will be considered to be in good standing if (a) there are no active Job Pages; (b) there are no active outstanding payments owed to Workers; and(c) there are no outstanding fees owed to Workker. A Worker’s Account will be considered to be in good standing if (x) there are no active Jobs that have not been completed; and (y) there are no outstanding fees owed to Workker. If a User’s Account is not in good standing, but the User wishes to terminate and close the User’s Account, the User agrees to take all actions necessary to bring the User’s Account into good standing, including without limitation, the immediate payment of all outstanding fees owed to Workker; provided, however,User agrees and acknowledges that closing of the User’s Account shall not terminate any obligation that is indicated by these Terms to survive after the User’s Account is closed.
You acknowledge and agree that the Website may contain advertisements from both Companies and from other third parties. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such third party and You further acknowledge and agree that Workker shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
The Website and App may contain links to other websites that are not owned or controlled by Workker. Users agree that in no event shall any reference to any third party, advertisement,third-party product or service be construed as an approval or endorsement by Workker of that third party, third-party product or service. Users agree that Workker is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and You agree to be bound by and comply with those terms and conditions. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that Workker endorses or accepts any responsibility for the content or use of such websites,and You hereby agree to release Workker from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
10.Disclaimer of warranties and conditions
THE WEBSITE, PLATFORM, SERVICES AND APP ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. WORKKER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE WEBSITE, PLATFORM, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED,ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, PLATFORM, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER OR ALOR WRITTEN, OBTAINED BY YOU FROM WORKKER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
11.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WORKKER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE,PLATFORM, APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS,DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV)PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, APP, OR PLATFORM, OR (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, WEBSITE, APP, OR PLATFORM, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WORKKER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A)FIVE HUNDRED UNITED STATES DOLLARS ($500 USD) OR (B) AMOUNTS YOU HAVE PAID WORKKER IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
12.Governing Law; Jurisdiction
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Toronto shal lhave jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Workker Website or the Services and You consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that You may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
It is the express wish of the parties that this agreement and all related documents be drawn up in English.C’est la volonté expresse des parties que la présente convention ainsi que lesdocuments qui s’y rattachent soient rédigés en anglais.
If You have any questions about these Terms or if You wish to receive any additional information, provide feedback or raise any concerns in relation to the Workker Website, App or the Services, please contact us at: info@Workkerapp.com.
Last Modified: August 18th, 2020