V1.0 - 30 September 2022
Service Providers Eligibility
- must comply with all legal obligations concerning their employment of each Staff member that is engaged on any Job, specifically including those arising under relevant federal, state and local laws.
- must be registered to pay payroll tax and must pay any payroll tax as applicable in respect of their Staff;
- must ensure that their Staff are suitable and sufficiently skilled to perform the services that the Staff are assigned to deliver with respect to any relevant Booking;
If you are employed/contracted by a Service Provider, and you are requested to provide any services Booked via the Platform, you must be qualified and legally entitled to provide those services and to work in the United States, otherwise you must not provide any such services and you must not register any Staff account on the Platform. Each Service Provider must, within twenty-four (24) hours of request by us, provide us with a Services Provider Statement in the form set out at www.crewgo.net/sps from each director of the Service Provider. The Services Provider Statement requires Services Providers to declare, among other things, that:
- the Service Provider is a company legally authorized to do business within the United States;
- all workers compensation and other insurance premiums payable by the Service Provider in respect of the work to be done and/or the work done, in connection with any Job, have been paid in accordance with applicable laws;
- the Service Provider is registered to pay payroll tax and will comply with its obligations to pay payroll tax as applicable;
- Service Provider complies with all prevailing wage standards;
- public liability insurance is held by the Service Provider with and/or continues to be held with a reputable insurer to the minimum amount of Twenty Million Dollars ($20 million) per event;
- Booking: A booking of labor services that is created by a Customer via the Platform for a single event.
- Bookings Portal: Our website that allows Customers to book labor services at crewgo.net/usa/bookings.
- Customer: A person or entity that uses the App, Bookings Portal or CREWGO® Website to make a Booking.
- Job: The labor services to be provided pursuant to a Booking.
- Partner Portal: Our website at crewgo.net/usa/partner
- Service Provider or Partner: Any third party company that is legally able to perform business within the Unitd States that engages Staff to provide labor services to Customers via the Platform.
- Shift: One or more Shift Units sharing the same start time.
- Shift Unit: A single period of work for an individual Staff member.
- Staff: Employees or contractors of Service Providers.
- Supervisor: Any individual appointed by a Customer to manage Staff engaged to deliver labor services via the Platform to Customers, and to edit/approve the times worked by Staff via a unique Supervisor account on the App.
- Team Contact: A member of Staff who has been designated as a Point of contact between a Team and the Supervisor. The Team Contact is not necessarily a Supervisor and is not required to perform team leader services unless expressly required in writing by us.
About the App
CREWGO® can be used to book Jobs through the App and manage Staff in relation to Jobs they work or are required to work and can be used by Staff to register on the App and accept work, manage availability and timesheets. The Partner Portal is a website that can be used by Service Providers to access and view Jobs that they have been booked to provide via the Platform.
The App is owned by us and may be installed on a range of internet-enabled devices approved by us. The App requires an active internet connection. You are responsible for all telecommunications and data charges you incur in connection with your use of the App as well as any in-App purchases that you may make and any in-App telephone and/or video calls that you make and/or messages that you send.
Any questions, suggestions or complaints with respect to the Platform may be sent to us by email to firstname.lastname@example.org.
CREWGO® - Overview of App Functionality
The features of the App presently include (among other things), and are subject to change without notice:
- account registration functionality which permits users of the App to register ‘Customer’, ‘Service Provider’, ‘Staff’ and ‘Supervisor’ accounts on the Platform;
- functionality which allows Staff to publish their availability, location, experience and certain other particulars;
- tools which allows Service Providers to be booked to provide labor services to Customers on our behalf in respect of a particular project or event;
- functionality which allows Customers to enter their service requirements for any particular Job;
- functionality which helps us find suitable Staff for any particular Job (using information provided by Customers and Service Providers and facilitated by our proprietary algorithms, software and technology);
- Job viewing tools which allow Customers to view current and completed Bookings;
- functionality which allows different Staff to be booked to perform different Jobs or different parts of Jobs (e.g a Customer may book a Supervisor to supervise other Staff);
- tools which allow Staff to upload an induction certificate to confirm that they have completed a particular induction;
- functionality which enables particular types of users to communicate with other certain types of users of the Platform;
- tools which allow location based monitoring and tracking of Staff; and
- invoicing, timesheet and payment functionality.
A comprehensive set of the features and functionality of the App and Platform is available on our website at www.crewgo.net. We reserve the right to withdraw and/or modify the App and Platform at any time in our absolute discretion.
Staff GPS Functionality
Staff tracking functionality is activated in the App by default. All staff must operate the App on their smartphone during and for at least fifteen (15) minutes before the commencement of each Shift and must have location based monitoring and tracking active during those times. Any Staff who do not wish to have their location monitored or tracked using the App at any other time may turn off or restrict monitoring or tracking using their smartphone operating system permissions settings.
What Happens if Service Providers Cannot Procure the Staff Requested in an Offer
From time to time Service Providers may be unable to procure a sufficient number of Staff to perform a Job. If Service Providers are unable to procure the number of Staff specified in an offer to perform a Job, they may reject an offer. If they have already accepted an offer and for any reason they cannot procure a sufficient number of Staff to perform the Job, they may terminate the relevant Labor Services Contract in whole or in part by notice to the relevant Customer via us.
What Happens if Staff do not show up
From time to time the Staff that our Service Providers procure to perform a Job may refuse or fail to attend at the relevant location the subject of the Job to perform the Services on their behalf. If that occurs, they may terminate the relevant Labor Services Contract in whole or in part by notice to the relevant Customer.
Supervisors can be any individual appointed by a Customer to manage Staff engaged to deliver labor services via the Platform to Customers, and to edit/approve the times worked by Staff via a unique Supervisor account on the App. By a Customer assigning a Supervisor to a Job, the Customer shall be deemed to have granted that Supervisor permission to act on the Customer’s behalf for the following purposes:
- Communicating with Staff through the App by messaging, video or voice calls;
- Assigning Job tasks to Staff;
- Approving Staff timesheets;
- Extending the hours Staff are required to work on Shifts/Jobs that may increase the price of a Job.
CREWGO® Fees and Cancellation Fees Payable to Us by Customers
Details of the fees that we charge for the use of our Platform (and the labor services that can be booked through the Platform) are available to any person who completes a quotation on our website at www.crewgo.net/usa or as specified in the App unless otherwise agreed in writing by us (“CREWGO® Fees”). Where you enter any credit card or bank account details into the App you will be deemed to have: (a) warranted that the credit card or bank account is your account or that you are authorized to operate the relevant credit card or bank account; and (b) authorized us to automatically deduct CREWGO® Fees from the credit card or bank account, as applicable, immediately upon, or at any time following, our issuance of any invoice to you for CREWGO® Fees.
If a Customer cancels a job booked through the Platform before it is completed, the Customer will be liable to pay cancellation fees to us, on behalf of our Service Providers, and the Customer will be deemed to have authorized us to deduct those cancellation fees from the relevant credit card or bank account at any time.
Once a Booking is made by a Customer and Staff have confirmed via the Platform that they will provide services with respect to the Job (“Booked Job”), the Customer cannot terminate or cancel the Job without paying a cancellation fee to us, on behalf of our Service Providers. If a Customer terminates or cancels a Booked Job for any reason prior to the commencement of any Shift with respect to the Job, the following cancellation fees will be payable by the Customer to us, on behalf of our Service Providers:
- Cancellation/termination within twenty-four (24) hours of the Shift start time: twenty-five percent (25%) of the CREWGO® Fees for the Shift.
- Cancellation/termination within twelve (12) hours of the Shift start time: fifty percent (50%) of the CREWGO® Fees for the Shift.
- Cancellation/termination within six (6) hours of the Shift start time: seventy-five percent (75%) of the CREWGO® Fees for the Shift.
- Cancellation/termination within two (2) hours of the Shift start time: one hundred percent (100%) of the CREWGO® Fees for the Shift.
The above cancellation fees are payable for each Shift that remains in the Booked Job, at the time of cancellation/termination. The cancellation fees constitute a genuine estimate of the loss that our Service Providers will suffer as a result of the cancellation/termination and are not a penalty.
CREWGO® Fees and cancellation fees must not be paid for by any Customer in any way except via the App, or any method agreed in writing by us, on behalf of our Service Providers. We utilize a third-party payment gateway provided by Stripe (“Payment Gateway”) to process payments of CREWGO® Fees and cancellation fees via the App. Each time a Customer makes any payment using the App the Customer will be deemed to have acknowledged, understood and agreed:
- that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
- that we do not warrant, guarantee or represent that unauthorized access to information and data cannot occur;
- that we are not responsible for the performance or non-performance of the Payment Gateway;
- that you have relied on your own independent assessment and judgment in determining whether the Payment Gateway meets your requirements; and
If you are a Customer:
- we reserve the right to carry out a pre-authorisation transaction on your bank account, credit or debit card that you enter into the Platform for one hundred percent (100%) or any other amount of the quoted CREWGO® Fees plus any cancellation fees for a Job at the time a Booking is confirmed by us;
- if the actual Job hours exceed the quoted CREWGO® Fees for a Job, your bank account, credit or debit card will be charged the additional CREWGO® Fees over and above the quoted amount, upon final approval by you or your Supervisor of the labor services that has been carried out for the purposes of the Job. You must ensure that any such additional fees are promptly approved and that your and/or any Supervisor’s approval thereof is not unreasonably withheld;
- if the actual Job hours are less than the quoted amount for a Job expressly Booked on the Platform on the basis of a fixed number of hours, you will be credited the amount that you paid in advance for the Job over the actual amount payable for the Job (calculated having regard to the number of hours actually worked by the relevant Staff) (“Overpayment”) on the next Booking, unless you request to have the Overpayment refunded within thirty (30) days of your final approval of the Job, or forty-eight (48) hours after Job end time in the event of no Customer/Supervisor final approval of the Job. If you request to have the Overpayment refunded in accordance with this paragraph we will refund the Overpayment to your nominated bank account within fourteen (14) working days after the date of your request.
Customers and their representatives can approve Staff timesheets within the App. If no such approval is given within the timeframe specified in the App, staff Timesheets will be deemed accurate and the Customer will automatically be invoiced and charged. If there is a dispute between the amount of time specified by Staff on a timesheet or a Customer or the applicable Supervisor, the time will be determined having regard to the GPS details specified in the App recording the time that the Staff was inside the geofence of the Job location; however, if the Staff GPS location tracking was not active, the time specified by the Supervisor will take priority and will be used to resolve the dispute. If there is any such dispute, you must send an email to email@example.com. Any complaints must be received by us within thirty (30) days of the invoice date for each job, otherwise Customer waives all claims and agrees the amount invoiced is the true and correct amount owed and not subject to further dispute.
In addition to procuring Service Providers to provide Staff to work on Jobs, our Service Providers also provide a recruitment service for Customers that allows Customers to recruit Staff to work directly for them (as either employees or contractors of Customers). Unlike traditional recruitment service providers, our Platform allows Customers the benefit of working with potential recruits on a long or short term basis prior to Staff being recruited to work directly for Customers.
If a Customer engages any Staff to work directly for the Customer (as either an employee or contractor), the Customer must pay us, on behalf of our Service Providers, a recruitment fee of Ten Thousand Dollars plus applicable taxes ($10,000) (“Recruitment Fee”), within seven (7) days of demand by us. If we successfully recover a Recruitment Fee from a Customer, with respect to any Staff employed by a Service Provider in the twelve (12) month period prior to that Staff working directly for any Customer, we will pay to the Service Provider a fee of up to Seven Thousand Five Hundred Dollars ($7,500) plus applicable taxes; however, if the Staff were employed by more than one (1) Service Provider in that twelve (12) month period, we will only be obligated to pay the last Service Provider who employed that Staff.
Exchanging contact details prohibited
Third Party Tools
If you use our Platform in connection with third party software, applications, products and platforms (“Third Party Tools”), you must indemnify us from and against any loss and/or damage that we may incur as a result of your use thereof and/or interfacing therewith, and:
- You agree and acknowledge that: (a) the suppliers (a.k.a providers) of the applicable Third Party Tools, and not us, are the suppliers and publishers of the Third Party Tools; (b) we are not responsible for the accuracy, quality or correctness of any Third Party Tools and/or their providers; and (c) your use of Third Party Tools is pursuant to a contract between you and the applicable Third Party Tool provider(s), and not pursuant to a contract between you and us;
- Your use of Third Party Tools is at your sole risk, and not our risk;
- We do not make any representations or warranties with respect to any Third Party Tools (whether as to their performance, availability, compatibility with the Platform and/or otherwise) and/or with respect to any providers of Third Party Tools;
- We are not responsible for the practices, and/or terms and/or policies of Third Party Tool providers;
- You agree that we have no obligation to provide any technical support or other assistance in connection with any Third Party Tools and that if we do provide any such technical support or other assistance, you will pay us for all time that we incur in connection therewith at a rate agreed prior to commencement of the technical support or other assistance, to be paid by you into our nominated bank account within thirty (30) days of invoice by us from time to time;
- You shall be deemed to have irrevocably released us from any claims that you may otherwise have had against us with respect to any non-performance of the Platform, and with respect to any loss, damage or corruption of any of your data, caused by Third Party Tools and/or the interfacing between any Third Party Tools and your data and/or the Platform.
As mentioned above, you are responsible for all telecommunications and data charges you incur in connection with your use of the Platform as well as any in-App purchases that you may make and any in-App telephone calls that you make. In some cases, the Platform may interface with Third Party Tools that may incur additional costs to Customers such as Voice/Video calls, SMS and pre-authorisation of charges through credit cards or direct debits. You are responsible for all such additional costs. Credit cards may incur a higher fee than direct debits. All such fees are either specified on our website at www.crewgo.net or by the relevant Third Party Tool providers.
Except where we otherwise expressly specify in writing to the contrary, the providers of Third Party Tools are not our partners, co-joint venturers, representatives or agents and any link to any Third Party Tool from the Platform and/or interfacing and/or integration of the Platform with a Third Party Tool does not imply that we are affiliated with or sponsor, endorse or approve the Third Party Tool and/or its provider.
Fees payable by us to Service Providers for Jobs Booked through the Platform
If you are a Service Provider and you provide labor services to any Customer on our behalf, the fees that we will pay you for the labor services (“Service Provider Fees”) and the payment terms for payment of Service Provider Fees will be as set out on our website or as specified in the App (or as otherwise agreed in writing by you and us) and will be confirmed in any Booking confirmation email that we send to you. If you work for a Service Provider who in turn we engage and who employs you to carry out its obligations with respect to any Booking, the fees that you will be paid by that Service Provider may be different to the Service Provider Fees that we pay to the Service Provider, and the applicable fees that you will be paid for providing services with respect to any Booking will be as agreed between you and that Service Provider. Staff must be paid by the relevant Service Provider. No money is to be exchanged between Staff and us and Staff cannot be paid through the Platform. We reserve the right to retroactively correct any pricing discrepancies or typos.
Staff and Service Provider status
Staff are not employed by us, nor are they our contractors. Staff do not have the authority to represent themselves as having any connection with us, including by agency, joint venture or partnership. We merely provide the Platform for their Service Provider to get opportunities to work on Jobs.
Staff are employed or contracted by a Service Provider, who represents them on the Platform. The relationship between Service Provider and Staff is separate from us, and Staff will need to form an agreement with Service Pr0viders.
Responsibility for Staff and for Staff entitlements taxes and superannuation payments
All Staff must be employed or contracted by a Service Provider in order to use the Platform. Any employee benefits, taxes and other amountds payable to or on behalf of any Staff are the Service Provider’s sole liability. Service Providers cannot be sole traders or any other form of entity other than an United States proprietary limited company.
Warranties as to the suitability of Staff
You are solely responsible for your username and password and for maintaining the security thereof. we are not responsible for any claims, damages or losses you may suffer by reason of any unauthorized use of your username or password by any third party.
Service Providers are not under any obligation to carry out any services for a Customer other than the services specified by the Customer in the Booking made by the Customer using the Platform.
Customers must ensure that any necessary preparations at the location for which any services are to be provided by any Service Provider pursuant to any Booking made using the Platform have been completed prior to Staff arriving at that location. The relevant Customer will still be charged any applicable CREWGO® Fees and Service Provider Fees for any time spent waiting at the relevant location and for any time spent where the Service Provider cannot perform services booked by the Customer due to any matter beyond the Service Provider’s reasonable control.
If a Service Provider is required to enter upon any private property to perform services booked by the Customer using the Platform, the Customer must ensure that it obtains the consent and authorisation of all legally necessary parties (owner, tenant etc.) and provide confirmation thereof to us prior to the commencement of the relevant services. The Customer hereby indemnifies and holds us harmless from any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever that we might suffer in connection with the entry by any Service Provider or Staff upon any private property the subject of a Booking.
Each user of the Platform must comply with all applicable laws, including any applicable employment, industrial relations best practices, taxation, privacy and occupational health and safety laws in connection with its use of the Platform and the performance of any services booked through the Platform. Each user of the Platform must, and hereby agrees to, indemnify us from any loss or damage that we incur as a result of its failure to comply with this paragraph within seven (7) days of demand by us at any time.
Our Intellectual Property Rights
All content on the Platform, including but not limited to text, graphics, sounds, videos, and logos is protected by trade mark, service mark, copyright, patent, trade secret, or by other law, and between you and us, is our sole and exclusive intellectual property.You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to the License set out below. If you send feedback to us about the Platform (comments, questions, documents, suggestions etc.) you will be deemed to have granted us the absolute exclusive, perpetual and irrevocable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us.
Your License to download, install and use the App and Platform
We grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable license to download, install and operate the App only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the App (“License”) and a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable license to access the Bookings Portal and the CREWGO® Website at www.crewgo.net/bookings for use within the United States. You may not make any use of the App except as permitted by the License and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our intellectual property rights in the App and Platform. Without limiting the foregoing provisions of the License, you must not, under any circumstances, sell or resell access to the App or any other part of the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the App or any other part of the Platform or any content you obtain via the App or any other part of the Platform. In addition, you must not, nor may you permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, creative derivative works from or enhance the App or any other part of the Platform and/or any content in the App or any other part of the Platform;
(b) do any act that would or might invalidate or be inconsistent with our intellectual property rights or those of our licensors;
(c) use the App or any other part of the Platform in any way that infringes our rights or the rights of any third party; or
(d) take any steps to circumvent any technological protection measure or security measures in the App or any other part of the Platform.
Our right to terminate the License and your use of the App and Platform
The License is conditional upon (and may be terminated by us if you fail to comply with all or any of):
(b) the App StoreSM (online store) Terms of Service (“Usage Rules”) to the extent the Usage Rules are applicable;
(c) all or any applicable laws and regulations governing the downloading, installation and operation of the App and Platform.
(a) we may deactivate and/or prevent your use of the App and/or Platform via whatever technical means we choose to employ;
(b) you must cease to use the App and Platform; and
(c) you must delete all copies of the App in your possession and control,
without prejudice to any other of your or our rights or remedies accrued prior to termination.
Accessing the Platform
You acknowledge that your use of the Platform may not be error free and your use of the Platform may be interrupted. The Platform may be unusable while we are conducting maintenance of the Platform or any part of it, or as a result of any telecommunications failure or fault, if your device loses internet connectivity or other matter beyond our reasonable control. To the extent possible by law, we shall not have any liability in respect of any of the foregoing matters.
Certain sections of the Platform are accessible to registered users only.
Maintenance and support
If we agree to provide maintenance and support services to users of the Platform, we may publish details of our maintenance and support services on our website at www.crewgo.net. We do not provide any uptime guarantees.
We are solely responsible for providing any maintenance and support services with respect to the Platform, if specified on our website at www.crewgo.net, or as required under applicable law (if at all). We and you each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the App or Platform.
Warranty and Product Claims
You agree that as between us and Apple Inc., and as between us and Google Inc., we are solely responsible for any product warranties pertaining to the App to the extent not otherwise effectively disclaimed hereunder.
In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be our sole responsibility.
To the extent possible by law, we are not liable in relation to any content displayed on the App or any other part of the Platform that is entered into or uploaded into the Platform by you or any other person and the person who enters the content into or uploads the content into the Platform is responsible for the legality of the content and any claims arising in respect of the relevant content.
Where you upload any information, text, graphics, or other audio or visual material (“Content”) into, or enter any Content into, the Platform, you warrant, agree and represent that:
(a) you are fully entitled and authorized to upload, input, transfer and disclose the Content to us and our other users;
(b) the Content and our collection, use, storage and/or disclosure of that content in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying the Content to other users of the Platform) will not breach any applicable law or any right of any person.
You license us on an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable basis to publish and disclose any Content that you provide to us, including where we publish or disclose the Content via the Platform or anywhere we deem appropriate for our business purposes.
You agree that as between you and us, you are solely responsible for the accuracy, completeness, legality and quality of all Content you upload into, or enter into, the Platform, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorized by us, to use, host, transmit, store and disclose that Content. You indemnify us in respect of any claims made against us in respect of any Content which you enter into, or upload into the Platform and/or which relates to your goods and/or services and/or your advertising and/or sales and/or marketing practices.
We make no representation in relation to the availability, quality, suitability and appropriateness of any goods and services supplied, or failed to be supplied, by any user of the Platform. We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
The publication of any Content (including but not limited to third-party sites, products or services) on the Platform does not constitute a recommendation, referral, endorsement or any advice from us or any of our officers, employees or agents in respect of the content. Any Content displayed on the Platform is solely the responsibility of the person who entered or uploaded the Content into the Platform. You agree and accept to use the Platform at your sole risk and that, to the extent possible by law, other than liability which by law cannot be excluded, we shall not (and neither shall Apple or Google) have any liability to you in respect of any Content posted to the Platform by any person.
We check Content entered into or uploaded into the Platform from time to time, but we do not review or moderate all Content. If we become aware of Content that breaches our Acceptable Use Policy we will remove the Content and send an email to the person who uploaded or entered it explaining why it was removed. If you see any Content on the Platform that you think breaches our Acceptable Use Policy, please contact us.
Acceptable Use Policy
Disclaimer and Limitation of liability
THE PLATFORM, AND ALL CONTENT AVAILABLE ON THIS PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE PLATFORM.
WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PLATFORM, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE PLATFORM. YOU AGREE TO HOLD HARMLESS WE AND OUR AFFILIATES AND THAT THEY WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE PLATFORM.
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PLATFORM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY THAT WE SHALL HAVE TO YOU, REGARDLESS OF LEGAL THEORY, SHALL BE THE NET AMOUNT YOU HAVE ACTUALLY PAID TO US OVER THE PRIOR SIX (6) MONTHS PRIOR TO YOUR CLAIM, OR $100, WHICHEVER IS LESS. ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE CLAIM, OTHERWISE SHALL FOREVER BE BARRED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Indemnification by Service Providers
Indemnification by Staff
Indemnification by Customers
Indemnification by Supervisors
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary – Apple
Copyright and Trademark Policy
We respect the intellectual property rights of others. If you believe there is content on the Platform that belongs to you or someone you are responsible for by law and is being used on the Platform without proper permissions, you may send notice and details of the alleged infringement to us at the following email: firstname.lastname@example.org. We will take reasonable steps to investigate the situation and take appropriate action. To the extent applicable, will seek to follow process provided under the Digital Millennium Copyright Act of 1998 ("DMCA"). If you receive communication from us that any of your content has been removed or is subject to removal, you may provide a counter-notice as allowed under the DMCA.
Accuracy of Information Provided by You
Notice and Opportunity to Cure
Speedy Resolution of Disputes
To aid in the prompt and speedy resolution of all disputes, all claims must be pursued (via arbitration and/or litigation) within one (1) year of when the claim originally arose. Should a mediation be pending and/or incomplete, the parties shall have an additional one (1) month to pursue their claims. Should any claim be brought against a party, the other party may bring any counterclaims within thirty (30) days without regard to any of the above-referenced timeframes.
Waiver of Class Action and Jury Trial
Neither you nor us may act as a class representative or private attorney general or participate as a member of a class of claimants with respect to any claim. Claims may not be litigated on a class or representative basis. You waive, to the fully extent allowed by law, the right to a jury and to participate in any class action lawsuit.
The App is only available to persons over the age of eighteen (18) years of age and who are able to enter into legally binding contracts.
We reserve the right to refuse service or cancel any order or request for service for any reason at any time.
No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.