Terms Of Service

TERMS OF SERVICE

 

 

Table of Contents

 

1.  Terms of Service Subject to Amendment.................................................................................................................................... 2

2.  The Services.................................................................................................................................... 2

3.  Ownership of Content.................................................................................................................................... 2

4.  Account Registration.................................................................................................................................... 3

5.  Job Postings.................................................................................................................................... 3

6.  Independent Contractor Relationship.................................................................................................................................... 4

7.  Prohibited Activities.................................................................................................................................... 4

8.  Fees.................................................................................................................................... 4

9.  Payment.................................................................................................................................... 5

10. Ratings and Reviews.................................................................................................................................... 5

11. Your Representations and Warranties.................................................................................................................................... 5

12. Responsibility for Content, Actions, and Compliance with Laws.................................................................................................................................... 6

13. Disputes between Members.................................................................................................................................... 7

14. Licence of Your Content.................................................................................................................................... 8

15. Use of Software.................................................................................................................................... 8

16. No Endorsement.................................................................................................................................... 8

17. Opinions Expressed on Website and Application.................................................................................................................................... 8

18. Disclaimer.................................................................................................................................... 9

19. Limitation of Liability.................................................................................................................................... 9

20. Third Party Websites.................................................................................................................................... 9

21. International Use.................................................................................................................................... 9

22. Changes to the Services.................................................................................................................................. 10

23. Discontinuation or Suspension of Website, Application, or Services.................................................................................................................................. 10

24. Termination, Unauthorized Use.................................................................................................................................. 10

25. Indemnity.................................................................................................................................. 10

26. Relationship.................................................................................................................................. 10

27. Privacy.................................................................................................................................. 11

28. Headings.................................................................................................................................. 11

29. Severability.................................................................................................................................. 11

30. Waiver.................................................................................................................................. 11

31. Assignment.................................................................................................................................. 11

32. Jurisdiction.................................................................................................................................. 11

33. Contact.................................................................................................................................. 11


925 Freelancing is a service that connects businesses in various industries (“Businesses”) with independent contractors (“Workers”) performing temporary labour services (“Labour Services”) by providing a platform for Businesses and Workers to meet online and arrange for the provision of Labour Services directly with each other and by facilitating the payment of fees by the Businesses for the Labour Services provided by the Workers (collectively, the “Services”). The Services are accessible at 925freelancing.com and any other websites through which we make the Services available from time to time (collectively, the “Website”) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”).

 

The Website, Application, and Services are owned and operated by 925 Freelancing Inc. (“us”, “we”, “our”). These Terms of Service (the “Terms”), together with our Privacy Policy and our Code of Conduct, govern your relationship with us. If you use or access the Website, Application, or Services, you are indicating that you have read, and that you understand and agree to comply with and be legally bound, by these Terms, whether or not you become a registered user of the Services. If you do not agree to these Terms, then you do not have the right to access or use the Website, Application, or Services.

 

If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

1.  Terms of Service Subject to Amendment

 

These Terms are subject to change without notice. By continuing to use or access the Website, Application, or Services, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Website, Application, or Services will be subject to these Terms.

 

2.  The Services

 

The Website, Application, and Services comprise an online platform (the “Platform”) through which Businesses and Workers can meet online and arrange for the provision of temporary work directly with each other. We do not own, operate, manage, or control any of the Businesses and we do not employ, manage, or control any of the Workers. Unless explicitly specified otherwise, our responsibilities are limited to facilitating the availability of the Website, Application, and Services.

 

By using the Services, you understand and acknowledge that we provide a booking and dispatch service that connects Businesses with Workers and that Workers are fully independent and not employees or agents of 925 Freelancing Inc. We do not perform any of the Labour Services listed on the Platform.

 

We are not a party to any agreement entered into between Businesses and Workers nor are we a broker, agent, or insurer. We have no control over the conduct of Businesses, Workers, or other users of the Website, Application, and Services, and disclaim all liability in this regard to the maximum extent permitted by law.

 

3.  Ownership of Content

 

All material on our Website and Application, any related registered domains and subdomains, and any other digital medium owned or operated by us, including, without limitation, the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code,


appearance, trademarks, and logos used therein as well as individual articles, blogs, videos, photographs, and other content or elements comprising the Website and Application (collectively, the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified.

 

Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.

 

4.  Account Registration

 

In order to access certain features of the Website and Application including the ability to create Job Postings and offer Shifts (each, as hereinafter defined) as a Business and to apply for or accept offers for Shifts as a Worker, you must become a member of 925 Freelancing (“Member”) by registering to create an account (“Account“).

 

If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to:

 

(a)           Provide true, accurate, current, and complete information about yourself as required by our registration form (the "Registration Data"),

 

(b)           Maintain and update the Registration Data to keep it true, accurate, current and complete, and

 

(c)            Be responsible for all activities that occur under your Account.

 

If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

 

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on 925 Freelancing, you are not permitted to share your Account with anyone or allow others to access or use your Account. You will immediately notify us of any unauthorized use of your Account.

 

5.  Job Postings

 

Businesses who are Members may create a listing (“Job Posting”) for an available shift (“Shift”). Businesses can then search for, and offer Shifts to, Workers who meet the requirements set out in their Job Posting. Workers who are Members will then have an opportunity to accept or decline the offer.

 

To create a Job Posting as a Business, you will need to provide certain information about the shift to be listed, including, but not limited to, the type of work required; the location, date, and time the Worker is expected to report for work; the number of hours of work; specific experience or qualifications required; and the fee being offered for the work (“Worker Fees”). A list of Workers will be made available to you based on the requirements set out in your Job Posting, the information provided by Workers, and other relevant search parameters.


Workers will have the ability to search for active Job Postings based on requirements set out in the Job Postings and other relevant search parameters. Workers can then apply to Businesses for the Shifts they are interested in. Businesses will then have an opportunity to accept or decline the Worker’s application.

 

To create a profile as a Worker, you will need to provide certain information about yourself, including, but not limited to, the type of work you are interested in; your availability, and specific experience or qualifications that you have (“Worker Fees”). A list of Job Postings will be made available to you based on your information, the requirements set out in various Job Postings, and other relevant search parameters.

 

6.  Independent Contractor Relationship

 

Upon a Worker’s acceptance of a Shift, the Worker and the Business offering the Shift will enter into an Independent Contractor Relationship for the provision of Labour Services in accordance with the terms of 925 Freelancing’s standard Independent Contractor Agreement. 925 Freelancing is not a party to the Independent Contractor Agreement. By offering or accepting a Shift you represent and warrant that you understand, and agree to comply with and be legally bound, by the Independent Contractor Agreement. The Independent Contractor Agreement governs the terms of the relationship between the Worker and the Business. If you do not agree to these Terms, then you cannot offer or accept a Shift over the Platform.

 

7.  Prohibited Activities

 

Members are prohibited from requesting, offering, negotiating or completing Labour Services that:

 

(a)           Would violate the law, rules, regulations, orders and/or legal rights of any person or entity in the jurisdiction of the Business or the Worker, including without limitation, criminal laws, labour and employment laws and human rights laws;

 

(b)           Encourages or facilitates illegal activity;

 

(c)            Are pornographic or obscene, including sexual and escort services, offers and solicitations of prostitution, and pornography;

 

(d)           The Business has no legal right to request or that the Worker has no legal right to perform, including providing Labour Services without a valid immigration status or work permit;

 

(e)           Would harm children or minors;

 

(f)            Include affiliate marketing, multilevel marketing or pyramid schemes; or

 

(g)            Relate to spam, or unsolicited services or products, or false, misleading or fraudulent services.

 

8.    Fees

 

Registering as a Member and creating or applying for a Job Posting is free. However, once you, as a Business, have accepted an application for a Shift from a Worker, or your offer for a Shift has been accepted by a Worker, you will be charged: (a) Service Fees (as hereinafter defined),


(b)  the Worker Fees set out in your Job Posting, and (c) any applicable taxes (collectively, the “Fees”). Unless otherwise stated, all Fees are displayed in Canadian Dollars.

 

All Fees are due immediately and payment will be facilitated by us using the payment method designated in a Business’s Account, after which an invoice will be sent to the Business by email setting out the applicable Fees.

 

After completion of a Shift, as confirmed by the Business, an invoice will be sent to the Worker by email setting out the Worker Fees earned. We will facilitate the payment of the applicable Worker Fees (including any applicable taxes) to the Worker on behalf of the Business on a weekly basis. Payment of the Worker Fees in such manner shall be considered the same as payment made directly by the Business to the Worker. Worker Fees paid by a Business are final and non-refundable, unless otherwise determined by us in accordance with our dispute resolution procedure set out in Section 13.

 

925 Freelancing may charge certain fees to Businesses in consideration for the use of the 925 Freelancing Platform (“ Service Fees ”). Service Fees will be displayed to a Business once the Business completes its Job Posting. We reserve the right to change our Service Fees and initiate any new fees in connection with the Website, Application, or Services at any time. More information about our Service Fees can be found on our Fees page.

 

Payment of the Service Fees is not a promise or guarantee of any particular result or return. You understand and agree that the availability and suitability of Workers may depend on a number of factors, including, but not limited to, Worker preferences, the requirements set out in each Job Posting, and other applicable search parameters. While we endeavour to attract Workers in relevant industries through the Website, Application, and Services, we do not guarantee any minimum number of available Workers for Job Postings.

 

9.  Payment

 

You must have a payment method on file in order to create a Job Posting and you are responsible for paying all Fees associated with the use of our Website, Application, and Services with a valid payment method. If your payment method fails or your account is past due, we may suspend or terminate your Account and refuse any and all current or future use of the Services until full payment is made.

 

10. Ratings and Reviews

 

Within a certain timeframe after completing a Shift, Businesses and Workers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings and Reviews reflect the opinions of individual Members and do not reflect the opinion of 925 Freelancing. We do not verify Ratings or Reviews and we make no representations about the accuracy of such Ratings or Reviews. Ratings and Reviews are part of a Member’s public profile and may also be displayed elsewhere on the 925 Freelancing Platform (such as the Job Postings page) together with other relevant information.

 

11. Your Representations and Warranties

 

By submitting, posting, uploading, or transmitting content on or through the Website, Application, or Services in any format including, but not limited to, comments, images, photographs, graphics, texts, videos, audio, appearance, trademarks, or logos used therein (collectively, the “Member Content”), you represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorize us to use such Member Content in the manner contemplated by us and these Terms.


You agree not to submit or use any inappropriate content in relation to the Website, Application, or Services. In furtherance of the foregoing, you agree that you will not:

 

(a)           Submit, post, upload, or transmit material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;

 

(b)           Submit, post, or upload falsehoods or misrepresentations that could damage us, our users, or any third party;

 

(c)            Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(d)           Submit, post, or upload material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate;

 

(e)           Submit, post, or upload advertisements or solicitations of business;

 

(f)            Collect or store personal data about Members or other users without their express consent;

 

(g)            Manipulate the Ratings or Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member; or

 

(h)           Submit, post, or upload material that contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website, Application, or Services.

 

12. Responsibility for Content, Actions, and Compliance with Laws

 

You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in Member Content submitted by you. You assume all liability for any claims, suits, or grievances filed against you, including all damages related to your submitted Member Content and your participation on and through the Website, Application, and Services.

 

You understand and agree that we do not act as an employer, insurer, or as your agent. If a Business makes an offer for a Shift to a Worker and the Worker accepts such an offer or if a Worker applies for a Shift and the Business accepts such an application, any agreement entered into is strictly between the respective Business and Worker and we are not a party to it.

 

You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who represent you, whether as an employee, contractor, agent, or in another capacity. You are responsible for complying with all laws and regulations, including, but not limited to, intellectual property laws, human rights laws, worker safety laws, and immigration laws when you use the Website, Application, and Services. You will be solely responsible for the breach of any laws in association with your use of the Website, Application, and Services.


You, as a Business, acknowledge and agree that you are solely responsible for any and all Job Postings, offers of Shifts to Workers, responses to applications from Workers for Shifts, and related Member Content, as applicable. Once you have accepted an application for a Shift from a Worker, or your offer for a Shift has been accepted by a Worker, you will be responsible for providing a safe work environment and complying with all applicable laws and regulations before, during, and after the Worker’s Shift.

 

Workers are solely responsible for determining the means and manner of performing the Labour Services to Businesses, and you, as a Business, understand that we do not have any control over the conduct of Workers nor do we oversee Workers’ performance of the Labour Services. We are not responsible for delivering on or completing any tasks requested by Businesses and we are not responsible for, and will not be liable, in any way for any acts or omissions of Workers. We do not make any guarantees with respect to the qualifications or skills of the Workers nor do we guarantee that work performed by the Workers will be free from defects in workmanship. You, as a Business, are responsible for ensuring each Worker has the necessary qualifications and skills to perform the work requested by you and to supervise the Worker to ensure their work is being carried out in accordance with your standards and reasonable industry standards for such work.

 

You, as a Worker, acknowledge and agree that you are solely responsible for any and all responses to offers of Shifts from Businesses, applications to Businesses for Shifts, and related Member Content, as applicable. Although we do not control Workers’ work product or behaviour on the job site, you, as a Worker, are required, as a condition of being a Member of the Platform, to adhere to certain basic conduct standards such as professional conduct, reliability, honesty, and good workmanship. Once you have accepted an offer for a Shift, or your application for a Shift has been accepted by a Business, you are responsible for reporting for that Shift (the “Accepted Shift”) at the location and by the start time specified in the Job Posting. You are responsible for complying with all applicable laws and regulations before, during, and after your Shift, and for providing the work requested by the Business in a professional and workmanlike manner and in accordance with reasonable inudstry standards for such work.

 

13. Disputes between Members

 

If a Business claims that you as a Worker have not reported for an Accepted Shift or have not remained at the Shift location for the duration of the Shift (“ Claim”), the Business can seek a full or partial refund from you through our Dispute Resolution Centre.

 

If a Business escalates a Claim to 925 Freelancing, you will be given an opportunity to respond. If you agree to provide a refund to the Business, or we determine in our sole discretion that you are responsible for the Claim, we will refund all or a portion of the Worker Fees collected from the Business for the applicable Accepted Shift in our sole discretion. We also reserve the right to otherwise collect payment from you and pursue any remedies available to us in this regard in situations in which you are responsible for a Claim, including, but not limited to, in relation to any payment requests made by Businesses.

 

Members agree to cooperate with and assist 925 Freelancing in good faith, and to provide us with such information and take such actions as may be reasonably requested by us, in connection with any Claims or other complaints or claims made by Members. A Member shall, upon our reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by us or a third party selected by us or our insurer, with respect to losses for which a Member is requesting payment from us.


14. Licence of Your Content

 

By making available any Member Content on or through the Website, Application, or Services, or through 925 Freelancing promotional campaigns, you grant, or warrant that the owner of such materials expressly grants, us and our affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and to use such content for promotional and marketing purposes. In addition, you warrant that all moral rights in such materials have been waived.

 

We do not have to compensate you for our use of any Member Content. We reserve the right to edit in whole or in part, remove, or not publish any Member Content without prior notice.

 

15. Use of Software

 

Any software that is made available to you on or through the Website or Application is deemed to be licensed to you from us on a non-exclusive and non-transferable basis and solely for your use in connection with the Website, Application, and Services. We retain ownership and intellectual property rights of any such software, unless otherwise indicated. You are prohibited from selling, distributing, reproducing, decompiling, reverse-engineering, or otherwise using any software on the Website or Application, except for the use contemplated by these Terms.

 

16. No Endorsement

 

We do not endorse any Businesses, Workers, or Job Postings. 925 Freelancing may, from time to time, provide advertising on behalf of Businesses on the Website and Application (“Feature Advertising”). Feature Advertising is provided for advertising purposes only and is intended to be a benefit of membership. It does not, therefore, represent an endorsement by us of any particular Business or Job Posting.

 

We do not endorse, validate, or verify the qualifications, skills, or licenses of any Workers nor will we be responsible for the performance, actions, or inactions of any Workers. You should therefore ensure that you carry out your own searches and ask questions of Workers and/or their employees, subcontractors, or other personnel, to satisfy yourself of their credentials and ability to perform the services you need performed, prior to engaging any Worker for Worker Services.

 

17. Opinions Expressed on Website and Application

 

Opinions and other statements expressed by Members, users, and third parties (including, but not limited to, bloggers and feature contributors) are theirs alone, and do not represent our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us.

 

You acknowledge that by providing you with the ability to view and distribute Member Content through the Website, Application, and Services, we are not undertaking any obligation or liability relating to the Member Content. We do not undertake or assume any duty to monitor the Website and Application for inappropriate or unlawful content and we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.


Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, or materials at any time in our sole discretion.

 

18. Disclaimer

 

The information contained in the Website and Application is for general information purposes only. While we use reasonable efforts to include accurate and up-to-date information on the Website and Application, we make no representations or warranties of any kind, express or implied, that any content is or remains complete, accurate, up-to-date, available, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you place on such information is strictly at your own risk. None of the information on the Website or Application is to be taken as advice of any kind.

 

The Services are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the Services. For greater certainty, we do not represent nor warrant that the use of the Website, Application, or Services will satisfy your purposes nor that use of the Website, Application, or Services will be uninterrupted or free of inaccuracies. It shall be your own responsibility to ensure that any services available through the Website and Application meet your specific requirements.

 

While we make commercially reasonable efforts to ensure that the Website and Application are available, we do not represent, warrant, or guarantee in any way the Website or Application’s continued availability at all times or uninterrupted use by you of the Website, Application, or Services.

 

19. Limitation of Liability

 

We take no responsibility for, and will not be liable for, any error or inaccuracies in any content or the Website, Application, or Services being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of the Website, Application, or Services. It is our right to make the Website, Application, or Services unavailable from time to time, solely at our discretion, and we will not be liable for any loss or damage relating to such unavailability. Any claim against us shall be limited to the amount you paid, if any, for use of the Website, Application, and Services.

 

20. Third Party Websites

 

From time to time the Website or Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.

 

21. International Use

 

We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access the Website, Application, or Services from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.


22. Changes to the Services

 

In connection with any purchase of Services from the Website or Application, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on, or the services being offered through, the Website and Application.

 

23. Discontinuation or Suspension of Website, Application, or Services

 

We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, Application, or Services, or any part thereof, with or without notice and in our sole discretion. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website, Application, or Services.

 

24. Termination, Unauthorized Use

 

In the event that you breach these Terms, we have the right to terminate your access to the Website, Application, and Services, to delete any Member Content, and to disclose any of your information as necessary. Unauthorized use of the Website, Application, or Services may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law.

 

In addition, we reserve the right to terminate your access to our Website, Application, and Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.

 

25. Indemnity

 

You agree to indemnify and hold harmless 925 Freelancing Inc. and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Website, Application, or Services, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, human rights laws, worker safety laws, immigration laws, or other right of any entity or person in relation to your use of the Website, Application, or Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

26. Relationship

 

These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you.

 

If you choose to create an Account on the 925 Freelancing Platform, you understand and agree that your relationship with us is limited to being a Member and an independent, third-party contractor, and not our employee, agent, joint venture, or partner. You act exclusively on your own behalf and for your own benefit, and not on our behalf or for our benefit. We do not control, and have no right to control, your Account; your offline activities associated with Job Postings; or any other matters related to any Job Postings. As a Member, you agree not to do anything to create a false impression that you are endorsed by, employed by, partnering


with, or acting on behalf of or for the benefit of us, including by inappropriately using any of our intellectual property including, but not limited to, terms, trademark, or branding.

 

Workers are not permitted to represent themselves as our employees or that they have the ability to bind us in any act, promise, representation, or contract, or to bind us to perform any obligations to any third party.

 

27. Privacy

 

Registration data and certain other information that we collect about you are subject to our Privacy Policy. Please see our full Privacy Policy at www.925freelancing.com/terms-of-service-privacy-policy

 

28. Headings

 

The headings used in these Terms are inserted for convenience of reference only and will not affect the construction or meaning of any of the provisions contained in these Terms or govern the rights or liabilities of any of the parties subject to these Terms.

 

29. Severability

 

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision shall be deemed to be severable.

 

30. Waiver

 

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party.

 

31. Assignment

 

We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.

 

32. Jurisdiction

 

The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of Services by us, regardless of the date or location of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.

 

33. Contact

 

If you have any questions or concerns about our Terms, please contact us in writing at contact@925freelancing.com



Privacy Policy

PRIVACY POLICY

 

925 Freelancing is an online platform that connects businesses in various industries (“Businesses”) with independent contractors (“Workers”) performing temporary labour services by providing a platform for Businesses and Workers to meet online and arrange for the provision of Labour Services directly with each other and by facilitating the payment of fees by the Businesses for the Labour Services provided by the Workers (collectively, the “Services”). The Services are accessible at 925freelancing.com and any other websites through which we make the Services available from time to time (collectively, the “Website”) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”). The Website, Application, and Services are owned and operated by 925 Freelancing Inc. (“us”, “we”, “our”).

 

We value your privacy and are committed to protecting your personal information. This Privacy Policy outlines what information we collect from visitors who access or use the Website, Application, or Services. It also describes how we retain, use, disclose, and protect your personal information. This Privacy Policy applies to information collected from you through our Website, Application, or Services as well as other places where, or means by which, we may collect personal information including, but not limited to, our interactions and communications with you by mail, telephone, or electronically through any other digital medium owned or operated by us.

 

Capitalized terms used in this Privacy Policy that are not defined have the meanings assigned to them in our Terms of Service www.925freelancing.com/ terms-of-service-privacy-policy

 

 

1.  Definition of Personal Information

 

Personal information is defined as information that can identify an individual and information about an identifiable individual, which means a person can be identified by the information either directly or in combination with other information.

 

2.  Collection of Personal Information

 

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you use our Website, Application, or Services; register for an Account; provide us information on a web form; update or add information to your Account; participate in community discussions, chats, or dispute resolution; or when you otherwise correspond with us regarding our Services.

 

Personal information that we may collect may include:

 

(a)           Identifying information such as your name, addresses, telephone number, or email addresses when you register for an Account;

 

(b)           Any credentials or related information you provide as a Worker and any content that you submit, post, or publish;

 

(c)            Other content that you generate, or that is connected to your Account as a result of creating or responding to a Job Posting or submitting an application for a Job Posting;

 

(d)           Financial and billing information (such as credit card or bank account numbers) in connection with your Account;


(e)           Any other information you provide us through a web form, by updating or adding information to your Account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us regarding our Services; and

 

(f)            Additional information we are required or authorized by applicable laws to collect and process in order to authenticate or identify you or to verify the information we have collected.

 

3.    Use of Personal Information

 

We use the personal information we collect to:

 

(a)           Provide, improve, and personalize our content and Services;

 

(b)           Communicate with you about your Account and our Website, Application, and Services;

 

(c)            Provide you customer service;

 

(d)           Provide you with personalized advertising and marketing communications;

 

(e)           Detect, prevent, mitigate, and investigate fraudulent or illegal activities; and

 

(f)            Enforce our Terms and Conditions and this Privacy Policy.

 

4.    Security and Retention of Personal Information

 

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed Accounts to comply with applicable laws, prevent fraud, collect any Fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms and Conditions and take other actions permitted or required by applicable laws. After it is no longer necessary for us to retain your personal information, as determined by us in our sole discretion in accordance with applicable laws, we dispose of it in a secure manner according to our data retention and deletion policies.

 

In recognition of our legal obligations to protect your personal information, we have made arrangements to protect against unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information.

 

Notwithstanding the above, we do not store your financial or billing information. When you submit your credit card information to us, it is transmitted directly to our payment processor, Stripe, which is a PCI DSS compliant Level 1 Service Provider.

 

5.  Location of Servers

 

We may create, maintain, and archive information on servers that are not located on our immediate premises and are located in Canada or the USA. Please be advised that a foreign government may be able to access data relating to you or your Account, including your personal information, for lawful access purposes. If you continue to use the Website, Application, or Services, you consent to us creating, maintaining, and archiving information on servers located on a third party’s premises within Canada and in the USA.


6.  Disclosure of Personal Information

 

We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. There are, however, certain circumstances in which we may share your personal information with certain third parties without further notice to you. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our Terms and Conditions, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. These circumstances include, but are not limited to:

 

(a)           Law Enforcement. We cooperate with government and law enforcement officials or private parties to enforce and comply with applicable laws. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our property or rights or the property or rights of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable laws.

 

(b)           Business Transfers. We may sell, transfer or otherwise share some or all of our assets, including your personal information, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy. If the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy, you will be informed of any such differences along with the options available to you with respect to the transfer.

 

(c)            Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

 

7.    Consent for Collection, Use, and Disclosure

 

By accessing and using our Website, Application, or Services, we consider you to have given us consent to the collection, use, and disclosure of the your personal information in accordance with this Privacy Policy. Once this consent has been given, we will continue to collect, use, and disclose personal information for the set out in this Privacy Policy without obtaining further written or verbal consent to do so. We may also collect, use, or disclose personal information about an individual without that individual’s consent as permitted under applicable laws.

 

8.  Cookies

 

We use cookies and other technologies to passively collect demographic information, personalize your experience on our Website and Application, and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within websites. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However, some areas of our Website and Application will not function properly if you do so.


We may link cookie information to personal information. We use cookies to monitor website usage and to maintain user access to the Website after login. We may also use cookies to deliver content specific to your interest.

 

We may, from time to time, use an outside ad company to display ads. These ads may contain cookies. Our ad companies may collect cookies received with banner ads, and we do not have access to this information. Please note that this Privacy Policy covers the use of cookies by us only and does not cover the use of cookies by any advertisers.

 

9.  Third Party Services

 

From time to time, our Website or Application may also include links to other websites. Certain products or services available on our Website or Application are provided to you in partnership with third parties and may require you to disclose personal information in order to register for and access such products or services. Such products or services shall identify the third party partners at the point of registration. If you elect to register for such products or services, your personal information will be transferred to such third parties and will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior to providing your personal information in connection with such products or services.

 

10. Withdraw Consent

 

You can choose not to provide any personal information to us or to withdraw your consent for the collection, use, or disclosure of your personal information for purposes set out in this Privacy Policy. If you choose to do so, you may not have access to all our Services and we might not be able to provide you all of the Services and customer support offered to our visitors and users under this Privacy Policy and our Terms and Conditions.

 

11. Requests for Access and Correction

 

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. You can view and change your personal information by signing in to your Account. Please update your personal information immediately if it changes or is inaccurate.

 

Upon your request, we will close your Account and remove your personal information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable laws.

 

Contact

 

If you have any questions or concerns about our Privacy Policy, or how we have handled your personal information, please contact us in writing at:

 

customerservice@925freelancing.com

.

INDEPENDENT CONTRACTOR AGREEMENT

 

 

This Independent Contractor Agreement (this "Agreement") is made between you, an independent contractor performing temporary labour services, and the Business with whom you have accepted to provide Labour Services. This Agreement is entered into as of the earlier of the date you click “Accept” or otherwise start providing Labour Services via the 925 Freelancing Website located at www.925Freelancing.com (the “Website”) and/or the 925 Freelancing mobile application (the “Application”). In order to perform Labour Services, you must also agree to the 925 Freelancing Inc. Terms of Service, and Privacy Policy, and you hereby agree to the terms of those agreements. Any capitalized terms not defined herein shall have the meaning ascribed to such terms in the 925 Freelancing Terms of Service.

 

 

BACKGROUND

 

 

A.  925 Freelancing Inc. is the owner and operator of the Website and the Application (collectively, the “Platform”), which enables individuals in the business of providing Labour Services, who are operating their own independent businesses for their own account and who have passed 925 Freelancing’s verifications, to connect with and enter into contracts for Labour Services with Businesses.

 

B.    You are a self-employed, independent worker offering Labour Services. You have used the 925 Freelancing Platform in order connect with and enter into short term contracts with Businesses.

 

C.    The Business is in need of temporary Labour Services, and has used the 925 Freelancing Platform in order to connect with and enter into short term contracts with self-employed, independent workers.

 

NOW, THEREFORE, in consideration of the mutual promises and obligations contained in this Agreement, the value and sufficiency of which hereby are acknowledged, the parties hereby agree as follows.

 

 

1.              DEFINITIONS

 

 

The following capitalized terms bear the following meanings unless the context otherwise requires:

 

“925 Freelancing Services” means the Services offered by 925 Freelancing through the Platform, including but not limited to access to the platform that permits Businesses to create Job Postings and offer Shifts, and connects Workers willing to apply for or accept offers for Shifts from Businesses.


“Business” means an individual or corporation who has requested the completion of a task on the 925 Freelancing Platform and who contracts Labour Services on behalf of themselves;

 

“Labour Services” means the contracted services the Worker is providing to a Business;

 

“Services Contract” means an agreement concluded through the 925 Freelancing Platform consisting of a request for Labour Services initiated by a Business and which is accepted by a Worker.

 

 

2.              ENGAGEMENT AND SERVICE STANDARDS

 

 

1.              It is understood that no promises or representations whatsoever have been made as to the potential number of Services Contracts that you can expect. You are under no obligation to accept any Services Contract made available on the Platform. Nothing in this Agreement shall be interpreted as requiring you to provide Labour Services exclusively to Businesses listed on the 925 Freelancing Platform. You remain free to provide Labour Services and any other services to third parties.

 

2.              You confirm that you are at least nineteen years of age.

 

3.              You represent and warrant that you have provided true, complete and accurate information to 925 Freelancing about your background and credentials prior to entering into this Agreement, including, but not limited to valid government issued identification, and proof of your ability to work in the jurisdiction in which you are providing the services. You further consent to 925 Freelancing performing acceptable background checks and verifications of your credentials.

 

4.              If you are performing tasks that require you to operate a motor vehicle, you are required to have a good driving history with no major vehicle violations. By signing this Agreement you represent and warrant that you have an acceptable driving history, as defined below, and you consent to 925 Freelancing verifying your driving history. You further certify that you will advise 925 Freelancing immediately of any changes to your ability to comply with any of the terms below during the term of this Agreement. If you are performing tasks that do not require operation of a motor vehicle, this section does not apply to you. For the purposes of this agreement, the following are considered to be an acceptable driving history:

 

i.         You are able to legally and safely operate a motor vehicle and you do not suffer from any conditions that would impair your ability to safely operate a motor vehicle;

 

ii.       You do not have more than three (3) minor traffic violations of the law in the past three (3) years;


iii.     You have not committed any major or criminal traffic violations in any circumstances, including, but not limited to, impaired driving, failing to report an accident, leaving the scene of an accident, improper passing of a school bus, speeding in a school zone, driving without insurance, driving at speeds of thirty (30) kilometers or more over the speed limit, street racing, reckless and dangerous driving, failing to stop for the police, vehicular manslaughter, criminal negligence;

 

iv.      You do not have and have never had any suspensions on your driver’s license; and

 

v.       You have held a valid driver’s license for at least three (3) years.

 

5.              You acknowledge that you are an independent contractor and not an employee of the Business. You are advised to seek independent tax counsel regarding independent contractor status so that you can satisfy yourself that on entering into this Agreement, you will in fact have independent contractor status for all purposes including income tax purposes.

 

6.              You represent and warrant that you understand and agree that you are not an employee of the Business and will not be entitled to: (a) any remuneration from the Business beyond your contracted compensation (b) participate in any of the Business’ employee plans, programs or benefits whatsoever, now existing or hereinafter established from time to time; or (c) receive any vacation time/pay, public holiday pay, paid leaves of absence, etc., which are only granted to employees. You agree to indemnify and save the Business and their owners, officers, directors, employees and agents harmless from and against all claims, actions, demands, suits, liabilities, losses, expenses, penalties, interest, costs or damages of every nature and kind whatsoever arising out of any finding at any time by any court, tribunal or administrative body that you or any of your employees are actually employees of the Business. Without limiting the generality of the foregoing, you shall have no authority, without the written authorization of the Business, to bind the Business in any act, promise, representation or contract. You shall not hold yourself out as being an employee, partner, affiliate, or agent of the Business.

 

7.              Subject to your obligations under this Agreement, you shall have sole discretion as to the management of your business, time and resources. To the extent that such is not inconsistent with standards and procedures adopted by you for your specific services, you agree to comply with the terms of this Agreement, 925 Freelancing’s business practices, policies and procedures notified to you from time to time. You also agree to adhere to the Code of Conduct found on the Platform and Basic Services Standards set out in Section 2.8 below which are service standards required of any Workers using the 925 Freelancing Platform and are intended as guidelines for best practices when providing services to Businesses. You shall use all reasonable skill, care and due diligence expected of professionals in like circumstances and consistent with all applicable industry standards.

 

8.              You are required to meet the following minimum service standards:


i.         To behave at all times in a respectful manner to the Business;

 

ii.       To identify yourself to the Business upon arrival at a job site;

 

iii.     To treat Business property with respect, skill and care and leave the physical site where Labour Services are performed in a neat condition and not damage or disfigure such premises or Business property in any way;

 

iv.      To arrive at the agreed time and location for appointments with the Business and to give advance warning of any unavoidable delay to both the Business and to 925 Freelancing;

 

v.       To only use or operate Business property, including vehicles, with consent of the owner of the property and under the supervision of the owner or its designate;

 

vi.      To carry out the Labour Services in a good, workmanlike, and professional manner in accordance with reasonable industry standards. Any Labour Services that are not performed to this standard will be re-performed by the Worker at no cost or expense to the Business;

 

vii.    To comply with the Terms of Service for the 925 Freelancing Platform; and

 

viii.  To comply with all applicable laws, statutes, rules, by-laws and regulations relating to the provision of the Labour Services.

 

 

 

3.              LABOUR SERVICES

 

 

1.              Each Job Posting for a Shift will originate from a Business and will typically include the location of the Business and the nature of the services requested. Businesses may offer Shifts to specific Workers who meet the requirements set out in their Job Posting. Workers are free to accept Shifts offered to them or apply for Shifts they are interested in, depending on a variety of factors including Worker availability, the nature of the Business request, Worker experience, and the geographic location where the Labour Services are to be performed. You must complete the Services Contract on the date and time indicated by 925 Freelancing in the work order. If you cannot complete a Services Contract after accepting a Shift, you must notify 925 Freelancing immediately.

 

2.              The following is a non-exhaustive list of the type of services that are prohibited from being requested, offered, negotiated or completed in relation to the Labour Services by Workers or the Business:

 

a.     any service that would violate the law, rules, regulations, orders and/or legal rights of any person or entity in the jurisdiction of the Worker or the Business, including without limitation, criminal laws and labour and employment laws;


b.     any service that encourages or facilitates illegal activity;

 

c.     pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography;

 

d.     any services or contracts that the Business has no legal right to request or that the Worker has no legal right to perform;

 

e.     any services that would harm children or minors;

 

f.      affiliate marketing, multilevel marketing or pyramid schemes; and

 

g.     services related to spam, or unsolicited services or products, or false, misleading or fraudulent services.

 

3.              You are responsible for providing all necessary tools and equipment, including safety gear, directly or indirectly required for the performance of Labour Services pursuant to this Agreement, unless otherwise indicated by the Business or in the work order.

 

4.              You shall promptly notify the Business and 925 Freelancing of any injury (to others or yourself), death, loss or damage to persons or property which is in any way related to the Labour Services performed under this Agreement, even if such occurrence was not caused or contributed to by you.

 

5.              The Business to whom you are providing Labour Services is responsible for providing a safe and healthy workplace. Upon arriving at the contract location, it is your responsibility to assess safety and security and to decide whether to proceed with service delivery. You are also responsible for your own safety and for the safe performance of all Labour Services under this Agreement. If you deem a particular situation unsafe, you should immediately notify 925 Freelancing and you may withdraw from the engagement without breach. Unless there is reason not to notify a Business of your withdrawal from an engagement (for instance, if there is an immediate threat of violence or harm), you must notify the Business of your withdrawal and termination of the Services Contract.

 

6.              All workers are required to download the 925 Freelancing App onto a mobile device and to allow the App to have access to device’s location services. This allows 925 freelancing to determine when workers arrive at, and leave a job site.

 

7.              You shall not engage subcontractors to perform any Labour Services, or any part of any Services Contract. If you subcontract the services of any individual in violation of this Agreement, you are solely responsible for any conduct, behaviour, act, omission and any losses, negligence, damages, harm or any other injury caused by any subcontractor in the course of providing the Labour Services.


4.              FEES AND PAYMENT

 

 

 

1.              Once a Shift has been accepted by a Worker, 925 Freelancing will charge the Business for the Worker Fees. 925 Freelancing will remit the Worker Fees to the Worker on a weekly basis by e-mail money transfer or by directly crediting the account indicated to 925 Freelancing by the Worker.Workers shall only be paid for Services Contracts that are completed and performed in accordance with the terms of this Agreement and the Terms of Service. Workers are encouraged, but not required to keep records of each completed Services Contract.

 

2.              If required, you will register for GST/HST, QST, or other value added taxes (collectively, “Sales Taxes”) and you are solely responsible for reporting and remitting such taxes to the appropriate government authority. The Worker Fees paid pursuant to Section 4.1 above shall be inclusive of all Sales Taxes, unless indicated otherwise.

 

 

 

5.              925 FREELANCING PLATFORM TERMS

 

 

1.              925 Freelancing shall make available to you access to the 925 Freelancing Platform for the purpose of facilitating connections between you and Businesses.

 

2.              In using the Platform, you agree that you will use the Website and the Application in accordance with 925 Freelancing’s Terms of Service. 925 Freelancing reserves the right to terminate Platform services if it has good faith reason to believe that you have violated the 925 Freelancing Terms of Service.

 

 

 

6.              REPRESENTATIONS AND WARRANTIES

 

 

1.              At all times during the term of this Agreement, you represent and warrant that:

 

a.     If required by law, you are duly registered or have applied to become duly registered under the Excise Tax Act for the purposes of the Provincial Sales Tax (“PST”), the Homogenized Sales Tax (“HST”), the Goods and Services Tax (“GST”), or other applicable taxes in respect of your business and will so remain registered throughout the term of this Agreement;

 

b.     You will, at your own expense, obtain all certifications which may be required under any applicable federal, provincial, municipal or other local law, rule,


regulation or ordinance to perform the Labour Services in accordance with the terms and conditions of this Agreement and any and all Services Contracts;

 

c.     You will comply with any and all applicable federal, provincial, municipal and other local laws, rules, regulations and ordinances applicable to you concerning the Labour Services performed pursuant to this Agreement;

 

d.     You will promptly pay and discharge all license and certification fees and business, use, sales, gross receipts, income, property or other similar or different taxes or assessments which may be charged or levied upon Worker by reason of performance of the Labour Services pursuant to, or arising out of or in connection with, this Agreement; and

 

e.     In providing the Labour Services, you shall act honestly and in good faith and in a manner which will not harm the goodwill and reputation of the Business.

 

 

7.              TERM AND TERMINATION

 

 

1.              This Agreement shall commence on the date on which it is entered into by you, and will remain in full force and effect until the Services Contract has been completed or terminated in accordance with the terms of this Section 9. The Worker acknowledges that, subject to compliance with any applicable statutory provisions, the Worker shall not be entitled to any payment for loss of business opportunity, disruption, office or other similar matter on any termination of this Agreement.

 

2.              If any Services Contract remains open at the termination of this Agreement, then, at the Business’ sole discretion, this Agreement shall continue and expire only upon the completion of the last Services Contract then outstanding.

 

3.              Upon termination of this Agreement, 925 Freelancing will pay to you any outstanding amounts due and payable for previously completed Services Contracts in accordance with the terms of this Agreement.

 

4.              Sections 1, 2.5, 6, 7.3 and 8 of this Agreement shall survive the expiration or earlier termination of this Agreement as well as any other provisions of this Agreement which must reasonably survive in order to give meaning to such provisions.

 

 

8.              GENERAL PROVISIONS

 

 

1.              You acknowledge that you have had the opportunity to seek financial, tax and legal advice with respect to this Agreement before entering into this Agreement. You confirm that you are not relying on 925 Freelancing, the Business or any representations or


inducements whatsoever in entering into this Agreement. You are relying on your own counsel and the counsel of your own financial, legal and other advisors.

 

2.              You may not assign any of your rights or obligations under this Agreement. Any attempt to assign rights or obligations under this Agreement in breach of this section shall be void and of no effect.

 

3.              This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable therein, which will be deemed to be the proper law of this Agreement, without regard to its conflicts of law principles. Any dispute arising from, connected with or relating to this Agreement or any related matters must be resolved before the Courts of British Columbia, and the Parties hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

 

4.              If any provision herein will be deemed or declared unenforceable, invalid or void by a court of competent jurisdiction, the same will not impair any of the other provisions contained herein which will be enforced in accordance with their terms.

 

5.              The Parties intend that this writing (a) constitute the final and binding expression of their agreement and the complete and exclusive statement of the terms related to the subject matter hereof and (b) supersedes all prior negotiations, representations and agreements related to said subject matter. This Agreement may not be modified except by a written amendment referencing this Agreement and signed by both Parties.

 

6.              No failure or delay by a Party to exercise any right, power or privilege provided under this Agreement or by applicable law will operate as a waiver. No single or partial exercise of any such right, power, or privilege will preclude any other or future exercise of any other right, power or privilege. The remedies provided under this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.