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”).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 or any oversight of how Workers deliver 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.
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.
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 customer service centre; cu[email protected] .
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
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.
If you have any questions or concerns about our Terms, please contact us in writing at [email protected]