CREWGO Terms of Use

V1.0 - 30 September 2022

Welcome to CREWGO®. Our CREWGO® Platform and App (the “Platform” or the “App”) allows customers to engage us to procure third party service providers to provide labor services (“Service Providers”). The App is just one part of the Platform. Our Platform can be used to book labor services and administer Jobs booked through the Platform using our proprietary algorithms, software and technology. In using our Platform, you agree to these Terms of Use. If you do not agreement to these Terms of Use, you are not authorized to use the Platform.

Service Providers Eligibility

We only wish to procure Service Providers to provide labor services who are authorized to do business within the United States and have all appropriate insurance coverages, including workers compensation insurance as required by applicable law to cover their employees/contractors and public liability insurance in the amount of Twenty Million Dollars ($20 million) per event from a reputable insurer approved by us and who comply with their legal obligations at law and their obligations set out in these Terms of Use (collectively, the “Service Provider Eligibility Requirements”). Service Providers who do not meet the Service Provider Eligibility Requirements, or who fail to comply with the Service Provider Eligibility Requirements, must not register as Service Providers on the Platform or use the Service Provider functionality that we make available via the Platform.

Service Providers:

  • 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;
  • must and hereby agree to indemnify us (on demand by us) against all claims and all costs, liability and expenses incurred by us in respect of a claim or finding that we employ any Staff or a claim associated with any breach by a Service Provider of its obligations under applicable law or under these Terms of Use with respect to any Staff, including any claim associated with underpayment of any Staff; and
  • must and hereby agree to indemnify us against all claims and all costs, liability and expenses incurred by us as a result of any breach of these Terms of Use by any Service Provider.

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;
  • the Service Provider will comply with and/or has complied with, all of its obligations under law and these Terms of Use with respect to all Staff employed/contracted in relation to any Job, with supporting documentation where required by us; and
  • the Service Provider will comply with and/or has complied with, any specified element of its obligations arising under these Terms of Use.

We reserve the right to carry out any audit of any Service Provider’s books, records, premises and systems (including computer systems) at any time on twenty-four (24) hours’ notice, to verify if the Service Provider is complying with its obligations under these Terms of Use or any of its other legal obligations. Service Providers must and hereby agrees to fully cooperate with all and any such audits, including by providing us and/or our representatives with full unfettered access to all such books, records, premises and systems. We may engage a third party selected by us to conduct this audit on our behalf. We may suspend or terminate your access to the Platform if an audit reveals or we otherwise detect that you are in breach of these Terms of Use and/or any of your other legal obligations.

About these Terms of Use

THESE TERMS OF USE SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD, INSTALL, ACCESS AND OPERATE THE APPLICATION AND PLATFORM. BY CLICKING THE "I AGREE" BUTTON OR DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE CAPACITY TO ENTER INTO THESE TERMS OF USE; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES AND DO NOT USE THE PLATFORM.

This CREWGO® Terms of Use (“Terms of Use”) is a binding agreement entered into between you (the person who downloads, installs, accesses and/or operates the App) (“you”) and CrewGo USA LLC of 8 The Green, STE A, Dover, DE 19901, USA (referred to herein as “we”, “our” and “us”). These Terms of Use governs your use of each version of the App that you download, install, access and/or operate and all related documentation that we publish about the App and our platform comprising of the App, our Bookings Portal at crewgo.net/usa/bookings and the CREWGO® Website at www.crewgo.net/usa/bookings (separately and together, the “Platform”). The App is licensed, not sold, to you. Your use of the Platform is subject to the provisions of these Terms of Use, our Privacy Policy at www.crewgo.net/privacy and any other terms and conditions set out on our website at www.crewgo.net (the “CREWGO® Website”). In these Terms of Use, words defined throughout these Terms of Use apply. In addition, the following definitions apply:

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 support@crewgo.net.

CREWGO® - Overview of App Functionality

The features of the App presently include (among other things), and are subject to change without notice:

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.

CREWGO® Bookings

As described above, Customers can post the details of Jobs on the App or Platform for which they require labor services. By a Customer posting the details of any Job on the App or Platform, the Customer shall be deemed to have made an offer to us to engage us to find and procure one or more Service Providers who can provide Staff that meet the criteria specified by the Customer with respect to that Job (“offer”). The Customer may withdraw any offer before it is accepted. Once a Service Provider agrees via the App or Platform to carry out a Job the subject of an offer, we will be deemed to have accepted the Customer’s offer and a contract shall be deemed to have been entered into between the Customer and the Service Provider or Service Providers under which they have agreed to supply to the Customer, and the Customer has agreed to purchase from them, the labor services specified in the offer (“Labor Services Contract”). Each Labor Services Contract shall incorporate the terms of this Terms of Use and any other terms and conditions agreed in writing between us and the Customer and / or the Service Provider and the Customer. A Customer may not amend a Labor Services Contract without our prior written consent. Any requests for amendment to any Bookings must be specified in an email sent to bookings@crewgo.net We are not obligated to agree to any amendments.

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

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:

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:

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:

If you are a Customer:

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 bookings@crewgo.net. 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.

Recruitment Service

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

Service Providers and Customers, and Staff and Customers, may not exchange email addresses or any other contact details with each other (however, where a Customer recruits a member of Staff to work directly for the Customer as either an employee or contractor and the Customer pays us a Recruitment Fee, the Customer and Staff may of course exchange contract details). Customer agrees to take no action that has the result or intent to circumvent these Terms of Use. Customer shall immediately pay us upon demand for all of our reasonably estimated costs for any breach of this obligation, which may include but not be limited to all of our future anticipated revenue lost, costs associated with substitute labor, recruiting costs, attorneys’ fees, etc.

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:

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 granted a license to use the Platform in accordance with these Terms of Use. That is the full extent of their relationship with us. 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.

Service Providers are granted a license to use the Platform in accordance with these Terms of Use. That is the full extent of their relationship with us. Service Providers are not employed by us. Service Providers are our independent contractors. They do not have the authority to represent that they have any other connection with us, including by agency, joint venture or partnership. We merely provider the Platform for Service Providers to get opportunities to provide services to Customers on our behalf. You agree to the full extent of the law to hold us harmless related to any and all claims related to the Staff and their provision of services to you.

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.

Customers are also granted a license to use the Platform in accordance with these Terms of Use, and through their use, are able to engage us to procure Service Providers to provide individual members of Staff to work on Jobs.

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.

In the event that an individual uses the Platform in his or her capacity as a member of Staff, but does so in breach of these Terms of Use in failing to be engaged validly by a Service Provider, then that individual is bound by these Terms of Use to release us from all liability arising from their lack of having an employer Service Provider (specifically including any employment entitlements, tax or superannuation). That individual must, and hereby does agree to, indemnify us in respect of any failure of the release in this paragraph being effective, including through an enforcement action taken by a third party.

Warranties as to the suitability of Staff

If you are a Service Provider, you are responsible for ensuring the suitability of all of your Staff and for ensuring that any work undertaken by any Staff meets the requirements of these Terms of Use and the requirements of each Job in respect of which you provide or procure your Staff to provide services.

The employment of Staff by any Service Provider does not discharge or release the Service Provider from any liability or for the performance of its obligations under these Terms of Use and any act or omission of any Service Provider Staff shall be deemed to constitute an act or omission of the Service Provider.

Audits

We reserve the right to carry out any audit of any Service Provider’s books, records, premises and systems (including computer systems) at any time on twenty-four (24) hours’ notice, to verify if the Service Provider is complying with its obligations under these Terms of Use or any of its other legal obligations. Service Providers must fully cooperate with all and any such audits, including by providing us and our representatives with full access to all such books, records, premises and systems. If we audit you and find you have breached this Agreement, you hereby agree to reimburse us for all of our expenses associated with the audit, including our internal costs and professional and legal fees (as may be applicable) We may engage a third party to conduct this audit on our behalf. We may suspend or terminate your access to the Platform if an audit reveals or we otherwise detect that you are in breach of these Terms of Use and/or any of your other legal obligations.

Responsibilities

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.

You and us each acknowledge that, as between you and us, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However, you will be solely responsible for any such claims caused by your use of the App with software or hardware not approved by us, or where caused by your breach of these Terms of Use.

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.

You must not use the App or any other part of the Platform it in any way which is in breach of these Terms of Use, any other terms and conditions set out on our website, or any statute, regulation, law or legal right of any person.

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):

(a) the provisions of these Terms of Use;

(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.

We may terminate these Terms of Use and the License and/or your access to the Platform at any time without notice if you fail to comply with any provision of these Terms of Use or if we choose to discontinue providing the App or Platform or any computer server or website required for the intended operation of the App or Platform, or if we deem that it is reasonably necessary to do so to protect our legitimate interests. Upon termination:

(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.

Registration

Certain sections of the Platform are accessible to registered users only.

Privacy Policy

Please see our privacy policy accessible at www.crewgo.net/privacy. Your use of the Platform constitutes acceptance of our privacy policy. Our privacy policy is incorporated herein by reference.

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.

You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing any of your claims and of any third party relating to the App or your or their possession and/or operation of the App, including, but not limited to: (a) product liability claims made in respect of the App; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation in respect of the App. However, notwithstanding the foregoing provisions of this paragraph and any other provisions of these Terms of Use, we will have no responsibility for any matter that these Terms of Use states is your responsibility or your obligation or a matter which you are required to indemnify us for. We are certainly not responsible for your failure to comply with your obligations under these Terms of Use or at law.

User Content

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

You agree that the following are strictly prohibited by these Terms of Use:

(a) using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdictionthese Terms of Use;

(b) using the Platform in relation to crimes such as theft and fraudthese Terms of Use;

(c) using the Platform in violation of any applicable law or regulation, or creating any criminal or civil liability of any kind whatsoeverthese Terms of Use.

(d) using the Platform in breach of applicable law and/or other workplace relations laws, employment laws and/or industrial relations best practices,these Terms of Use;

(e) using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated” software or otherwisethese Terms of Use;

(f) introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs)these Terms of Use;

(g) using the Platform to make fraudulent offers of goods or servicesthese Terms of Use;

(h) using the Platform to carry out security breaches or disruptions of network communicationthese Terms of Use. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(i) using the Platform to execute any form of network monitoring which will intercept data not intended for youthese Terms of Use;

(j) using the Platform to circumvent user authentication or security of any of our hosts, networks or accounts or those of our Customers or suppliersthese Terms of Use;

(k) using the Platform to interfere with or deny service to anyonethese Terms of Use;

(l) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platformthese Terms of Use;

(m) sending unsolicited email messages through or to users of the Platform in breach of applicable lawthese Terms of Use;

(n) using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messagesthese Terms of Use; and

(o) use of the Platform in breach of any person’s privacy (such as by way of identity theft or "phishing")these Terms of Use.

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

If you are a Service Provider you must and hereby agree to hold us harmless and indemnify us for any loss or damage that we may suffer as a result of your failure to carry out any services that you are booked to provide by the Platform, violation of applicable law, any third-party claims against us based on your acts or omissions, and for any loss or damage we may incur as a result of your breach of these Terms of Use and you must pay us any amount that we reasonably determine is payable pursuant to this indemnity within seven days of demand by us at any time.

Indemnification by Staff

If you are a member of Staff you must and hereby agree to hold us harmless and indemnify us for any loss or damage that we may incur as a result of your noncompliance with these Terms of Use, violation of applicable law, any third-party claims against us based on your acts or omissions, and for any other loss or damage that we may incur as a result of any breach of these Terms of Use and you must pay us any amount that we reasonably determine is payable pursuant to this indemnity within seven days of demand by us at any time.

Indemnification by Customers

If you are a Customer you must and hereby agree to hold us harmless and indemnify us for any loss or damage that we may incur as a result of your noncompliance with these Terms of Use, violation of applicable law, any third-party claims against us based on your acts or omissions, and for any other loss or damage that we may incur as a result of any breach of these Terms of Use and you must pay us any amount that we reasonably determine is payable pursuant to this indemnity within seven days of demand by us at any time.

Indemnification by Supervisors

If you are a Supervisor you must and hereby agree to hold us harmless and indemnify us for any loss or damage that we may incur as a result of your noncompliance with these Terms of Use, violation of applicable law, any third-party claims against us based on your acts or omissions, and for any other loss or damage that we may incur as a result of any breach of these Terms of Use and you must pay us any amount that we reasonably determine is payable pursuant to this indemnity within seven days of demand by us at any time.

Export Control

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

We and you each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.

Security Interest

You are expressly prohibited from registering a security interest in or to the Platform or the License granted under these Terms of Use. Without limiting our rights, if you or any person on your behalf records a security interest with respect of the Platform or the License, we may immediately terminate these Terms of Use and/or the License granted hereunder without notice and you agree to pay us all of our cost, expenses and damages associated with releasing the security interest, including but not limited to our attorneys’ fees.

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: info@crewgo.net. 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

You agree that all information you provide through the Platform or otherwise to us is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to promptly notify us without delay, but in no event more than five (5) business days, of a change in any information you provided us. Failure to provide such updated information will constitute a material breach of the terms of these Terms of Use and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Platform or otherwise to us. You further warrant that to the extent you provided personal data about a third party through the Platform or otherwise to us, you provided that third party with notice about the these Terms of Use and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

Notice and Opportunity to Cure

If you believe that our services are inaccessible, do not comply with applicable law, or that we have violated these Terms of Use or other duties to you, you agree that before bringing any such claim, including but not limited to the Americans with Disabilities Act or any similar law, state or federal, that you will provide us written notice detailing the concern. You further agree to provide us at least thirty (30) days to cure the action. Should we be perusing in good faith a remedy and need additional time to complete such work, you further agree to provide us such additional time as we or our vendor deems is reasonably necessary to complete the work. This paragraph is a material part of these Terms of Use, and should you violate them, you agree that we shall be entitled to recover all of our damages, including attorneys’ fees related to your violation.

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.

General

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.

All rights not expressly granted to us in these Terms of Use are expressly reserved by us.

You shall not assign, transfer, license or novate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, license or novate our rights under these Terms of Use by notice. We may also, by notice, novate our obligations under these Terms of Use at any time in connection with a restructure or sale of all or part of our business.

We reserve the right to refuse service or cancel any order or request for service for any reason at any time.

These Terms of Use constitutes the complete and exclusive statement of the agreement between you and us with respect to the Platform, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the Platform.

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.

If any provision of these Terms of Use or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms of Use and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.

These Terms of Use shall be governed by the laws of Nashville, Tennessse. You and us submit to the non-exclusive jurisdiction of the courts located in Nashville, Tennessse and any courts of appeal therefrom, with respect to any dispute that may arise in relation to the Platform.

If there is any ambiguity of these Terms of Use or related to the Labor Service Contract, you hereby agree that we shall be the sole arbitrer of the ambiguity, using our sole but reasonable discretion.

Amendment of these Terms of Use

We reserve the right to amend these Terms of Use at any time at our discretion. Your continued use of the Platform will be deemed to constitute your acceptance of the amended Terms of Use. It is your responsibility to ensure you are familiar with the most recent version of these Terms of Use prior to each use of the Platform. If you do not wish to continue using the Platform at any time, including where you object to our amendment of these Terms of Use, you may delete the Platform from your smartphone device.

Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.





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