As described further in Section 10, the terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Changes To The Terms
The service is not for persons under the age of 16 or for any users previously suspended or removed from the service by WRK. If you are under 16 years of age, you must not use or access the service at any time or in any manner. By using the Service, you affirm that you are at least the age of majority in your province or jurisdiction of residence.
The Service only provides a venue for connecting “Requestors” with “Workers” (as those terms are defined in Section 2 below). Nothing in these Terms shall constitute or shall be construed to constitute a partnership, joint venture, franchise, agency or employment relationship between WRK and a user (Requestor or Worker). You acknowledge that Workers are not employees of WRK. We do not supervise, direct or otherwise control the work of Workers. You acknowledge, agree, and understand that WRK is not a party to the relationship or any dealings between Requestors and Workers. If you are a Worker, you acknowledge and agree that you are not eligible for any of the rights or benefits of employment from WRK (including unemployment and/or workers compensation insurance).
WRK does not promise or guarantee, and Requestors agree to not hold WRK responsible for the suitability and ability of Workers, or the quality of the services provided by Worker. Requestors agree that it is their sole responsibility to determine if a Worker will meet their needs and expectations. WRK does not guarantee or control which Worker will be available to perform the requested service. The Service is programmed with an algorithm that will identify Workers with the listed skill, proximity and availability to perform the Requestor’s requested service for each individual service date.
WRK Is Solely A Venue For Communications WRK is a communications platform for enabling the connection between users requesting certain services (“Requestors”) and users seeking to provide services (“Workers”). WRK does not itself provide such services. The provision of all such services is up to the Workers, which may be scheduled through use of the Service. WRK offers tools, information, and a method for Requestors to obtain services from Workers, but does not, nor does it intend to, provide such services. WRK does not manage Worker’s services in any way, including their availability or cancellation of their services. If a Worker (or Requestor) cancels the services for all or some of the dates scheduled through the WRK Service, WRK is not responsible for such cancellation, including informing Requestors (or Workers) of the cancellation. To the extent WRK is aware of a cancellation within a reasonable period of time prior to the scheduled service date(s), WRK will use commercially reasonable efforts to inform the affected users of such cancellation.
The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with the Terms.
In order for Workers and Requestors to engage WRK for its Service, each must create accounts on the Service. You agree to maintain accurate and up to date account information and to provide complete information. Up to date account information includes providing a valid personal/company information such as name, physical address and email address. We may require you to provide us with proof of identity from time to time. Your inability, for any reason at all, to keep an updated account or provide us with proof of identity upon a reasonable request, may at WRK’s sole discretion, result in the termination of your account and access to the Services.
You are responsible for all activity that occurs under your account and you agree to safeguard and maintain the confidentiality of your password and other account details. If you believe that your account is being used without your consent or you suspect there has been a security breach to the service, please notify us by contacting firstname.lastname@example.org
The Service is licensed, not sold, to you for use only in accordance with the Terms. WRK reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the Terms, WRK hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service.
Except for User Content, the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by WRK or WRK’s third party licensors (the “WRK Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in the Terms or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. WRK solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
The WRK trademarks, service marks, and logos (the “WRK Trademarks”) used and displayed on the Service are WRK’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the WRK Trademarks, the “Trademarks”). Nothing on the Service or in the Terms may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without WRK’s prior express written consent for each individual use. You may not use the Trademarks to disparage WRK or the applicable third-party, WRK’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.
You may not sell, transfer, assign, license, sublicense, or modify the WRK Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the WRK Content in any way for any purpose other than expressly provided for in the Terms. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of the Terms, then your right to access and/or use the WRK Content and Service will automatically terminate and you must immediately destroy any copies you have made of the WRK Content.
“User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the Canada or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
WRK Is Not Responsible For User Content
WRK offers users the ability to submit User Content to the Service. WRK does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, WRK has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers to violate the Terms or be otherwise illegal or inappropriate. WRK is not responsible for and does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will WRK be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
Intellectual Property Rights
You retain ownership of any rights you may have in your user content and submitting your content to the service does not transfer ownership of your rights.
Licenses to User Content
You hereby grant WRK an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by the Terms. You further grant WRK a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to WRK any User Content that you consider to be confidential or proprietary.
You Must Have Rights to the Content You Post
You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (a) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in the Terms; (b) the Posting and Use of your User Content on or through the Service does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, moral rights, or any other third party’s rights; (c) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (d) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.
Waiver of Rights to User Content
By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
No Liability for Unauthorized Use
For the avoidance of doubt, WRK will not be liable for any unauthorized use of User Content by any other user or third party.
6. Restrictions on Use of the Service
In using the service you agree not to:
Take any action that imposes an unreasonable load on the Service’s infrastructure;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service; Use any trademarks, service marks, design marks, logos, photographs, or other content belonging to WRK;
Access, tamper with, or use non-public areas of the Service, WRK’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of WRK’s providers;
Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including WRK employees;
Provide any false personal information to WRK;
Create a false identity or impersonate another person or entity in any way;
Restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
Gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
Post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
Interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
Violate any applicable federal, provincial, or local laws or regulations or the Terms; or
Assist or permit any persons in engaging in any of the activities described above.
Requestor’s Non-Solicitation for Services Outside the Service
By using Services, Requestor will be introduced to Workers. Requestors acknowledge and agree that while a Requestor is registered with the Service and for a period of six (6) months following the termination of these Terms and Requestor’s or the applicable Worker’s account, all services requested from a Worker must be transacted through the Service. Contacting or using the services of a Worker outside of the Service will constitute a material breach of the Terms and Requestor will pay to WRK an amount equal to the average monthly charge with respect to such Worker based on the last three six (63) months the Worker provided services to Requestor (if the Worker has not provided services for at least three six (36) months than the average will be determined based on actual number of months Worker provided services) multiplied by six (6).
You agree that this amount is a fair and reasonable liquidated damage and is not a penalty. Requestor acknowledge and agree that any breach of this clause will cause WRK irreparable harm, which cannot be readily remedied in damages and that WRK may take any and all legal action necessary to ensure your compliance with this clause. Notwithstanding the foregoing, this Section 6b will not apply to a Worker that has provided services to such Requestor prior to such Requestor or Worker registering as a user for the Services.
The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. WRK is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.
We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending WRK or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.
By sending Feedback to WRK, you agree that:
a. WRK has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and WRK has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant WRK perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Certain Services require you to pay a fee (“Fee”) and applicable taxes regarding that Fee. The Fees will be presented to you prior to you purchasing such Service and You agree to pay the Fees listed and displayed to you through the Services in accordance with any payment terms associated with such Fees. Payment terms may include the frequency of invoicing of a Fee for a particular Service (ex. monthly or one-time fee) or the period in which payment is due.
Our fees are quoted in Canadian Dollars, and we may change them from time to time. We may choose to temporarily change our fthe Fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees Fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit or terminate your ability to use the Services.
Health and Dental Coverage Packages
The Service allows Workers to purchase Health and Dental and other insurance packages for a Fee. You acknowledge and agree that WRK is only a reseller of such packages and your purchase and use of such insurance packages is subject to the terms and conditions of the insurance provider. You will be provided access to the insurance providers terms and conditions prior to purchase of any insurance package through the Service.
All disputes between WRK and users will be addressed in accordance with this Section 10. WRK will make good faith efforts to resolve any dispute or claim directly between it and a Worker or Requestor, but if WRK and such user do not reach an agreement to do so within 30 days after notice regarding a dispute from either WRK or such user is received by the other, you or WRK may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or WRK must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or in any way related to the Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms.
You understand and agree that, by entering into the terms, your and WRK are each waiving the right to a trial by jury or to participate in a class action. For greater certainty, this dispute resolution clause does not address and WRK is not responsible for resolving disputes between users such as between a Worker and Requestors.
Despite the provisions of the Section entitled “Generally” directly above, nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an action for relief or award that cannot be provided by an arbitrator through the applicable federal, state, or local agency if that action is available; (ii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any controversy, dispute, or claim related to the Term (including the question whether any particular matter is arbitrable hereunder) which cannot be resolved in the manner set forth in paragraph (a) above, will be settled by arbitration in accordance with the Arbitration Act of Ontario, 1991, SO 1991, c17 or any statutory modification or re-enactment thereof (the “Act”) by one arbitrator appointed in accordance with the Act. The arbitrator will sit in Toronto unless otherwise agreed to by WRK. If the dispute is finally resolved through arbitration in your favor, WRK will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by WRK in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Further, unless both you and WRK agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to the Terms or your use of the Service.
Choice of Law; Venue
The Terms will be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under the Terms, you and WRK agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Toronto, Ontario, Canada.
a. WRK, its affiliates, and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the “WRK parties”) make no warranties or representations about the service and any content available on the service, including but not limited, to the accuracy, reliability, completeness, timeliness or reliability thereof. the wrk parties will not be subject to liability for the acts or omissions of users (workers or requestors) or the truth, accuracy or completeness of any content or any other information conveyed to any user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. to the fullest extent permitted by law, as a user, you agree that you use the service, services provided by workers, and any content at your own risk.
b. The WRK parties do not warrant that the service will operate error free, or that the service and any content are free of computer viruses or similar contamination or destructive features. if your use of the service or any content results in the need for servicing or replacing equipment or data, no wrk party will be responsible for those costs.
c. The service and all content are provided on an “as is” and “as available” basis without any warranties of any kind. the WRK parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.
d. In no event will any wrk party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the service and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such WRK party has been advised of the possibility of such damages. wrk’s liability, and the liability of any other wrk parties, to you or any third parties in any circumstance is limited to $100.
WRK is not affiliated with any carrier, service provider, or other third party service, and any dispute you have with any carrier, service provider, third party service or other third party, including, without limitation, any other user of the service, is directly between you and such third party, and, to the fullest extent permitted by law, you irrevocably release the wrk parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to defend, indemnify, and hold harmless the WRK Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the Terms, User Content provided by you, any determination by a court of competent jurisdiction or government entity that you are an employee of WRK or an employer of a Worker, or your access to, use or misuse of the WRK Content or Service. WRK will notify you of any such claim, suit, or proceeding. WRK reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WRK’s defense of such matter.
WRK reserves the right, in its sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Service at any time and for any reason without prior notice or liability. WRK reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Sections 1, 4. b, 4.c, 4.d, 5.d, 5.e, 5.f, 5.g, 8, 10 – 17 survive the termination of the Terms indefinitely.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WRK as a result of the Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and WRK other than pursuant to the Terms. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. WRK’s failure to act on or enforce any provision of the Terms will not be construed as a waiver of that provision or any other provision in the Terms.
The Terms will insure to the benefit of our successors and assigns. You may not assign the Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of WRK. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. WRK may assign the Terms, including all its rights hereunder, without restriction.
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below:
#300 – 100 Broadview Avenue
Toronto, ON, M4M 3H3
You acknowledge that the Terms are between you and WRK only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
Product liability claims;
Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
Claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms.
You hereby represent and warrant that:
You are not located in a country that is subject to a U.S. and Canadian Government embargo, or that has been designated by the Canadian and the U.S. Government as a “terrorist supporting” country; and
You are not listed on any Canadian and U.S. Government list of prohibited or restricted parties.
If WRK provides a translation of the English language version of the Terms, the translation is provided solely for convenience, and the English version will prevail.