- Service Overview. Hyre is an online marketplace that connects staff (including waitstaff, bartenders, cleaners, general labor, etc.) who are registered on the Website ( “Staff” ) with organizers who are registered to use our Website ( “Organizers” ). The Hyre service (the “Service” ) enables Organizers to hire Staff for their work shifts ( “Shifts” ).
- How the Service Works. After you register on the Website and create a user account, You will be able to search for and send requests to Staff to work at your Shifts. You may use the drop-down menu to search for and select individuals with particular positions (i.e. Waitstaff, Bartender, Cleaner, General Labor, etc.). You may also select a Staff to act as supervisor for Your Shifts ( “Supervisor” ). The Supervisor is a Staff who acts as the main liaison between the Organizer and Staff hired to work your the Shifts. You may select the minimum star rating you desire for each selected position, thereby eliminating Staff with lower star ratings from seeing these Shifts. You are required to input an hourly wage You wish to pay each Staff (for each position and timeslot you select). You may also select the attire You wish Staff to bring to the Shift. Additional shift information such as the meeting spot, contact name and number, and Shift details are also required.
- Fees and Cancellations. In order to use the Service, You must pay the transaction fee of 20% (included in the total hourly wage that you select for each position and timeslot). You are required to input your credit card details 48 hours prior to the scheduled time of the Shifts. After the Shifts, You are required to log into your profile and verify the hours worked for each Staff and You will receive an invoice. Once You confirm this invoice, your credit card will be charged. If the Shifts are cancelled less than 48 hours before the scheduled start times of the Shifts, You will be charged a cancellation fee equal to 4 hours of pay for each Staff confirmed for that Shift. For all shifts with over 10 shifts booked (i.e. timeslots), the cancellation timeframe increases by one week for every 10 shifts (i.e. 40 shifts booked, 4 weeks notice is needed). For all shifts with over 50 shifts booked (i.e. timeslots), a 50% deposit is required at the time of booking.
- No Poaching. For the term of this Agreement and for the period of six (6) months thereafter, without the prior written consent of the other party, You shall not, either directly or indirectly, solicit or entice away (or seek or attempt to entice away) a Staff you connected with through Hyre. If there is suspicion of such solicitation activities, Hyre will invoice the Organizer for an amount equivalent to up to 30% of the projected yearly salary of the Staff.
- No Endorsement. Staff who indicate that they have special expertise (i.e. Kosher-style, Sanitization, etc.) go through a basic screening process before they join the Website consisting of a brief online test designed to confirm such expertise. However, it is Your sole responsibility to verify whether the qualifications and expertise of any particular Staff You select to work at Your Shifts meets your requirements. You may do this through asking questions or requesting certifications directly from the Staff at the time of Your Shift. We only facilitate the engagement of Organizers with Staff and we do not and cannot endorse any services offered by Staff. We also cannot oversee the Staff or the Shifts. You therefore acknowledge and agree that if You elect to engage with any Staff, such dealings are solely between You and the Staff and Hyre shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
- Disputes and Complaints. If You are dissatisfied with a Staff, You will have 48 hours after the Shift has taken place to lodge a formal complaint with us by emailing HR@HyreStaff.com which will enable You to record Your complaint and transmit it to us. We will try to resolve any dispute which relates to non-attendance by the Staff or any abusive or seriously unprofessional conduct by the Staff during the Shift. We will use commercially reasonable efforts to resolve disputes and provide an outcome within 14 days of Your submitting Your complaint.
- Your Conduct. In using the Website and Service You shall not:
- copy or distribute any part of the Website (including any content) without our prior consent;
- alter or modify any part of the Website;
- upload, post, email, transmit or otherwise make available on the Website:
- any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
- any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
- any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- collect or store personal information about other Organizers, Staff or viewers except for information shared with You directly by Staff; or
- resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
- Changes to the Service or Website. We reserve the right to alter, suspend, or discontinue this Website and/or the Service at any time and for any reason or no reason. In such cases, we will endeavour to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of the computer or network equipment or other reasons. Hyre may periodically add or update the information and materials on this Website without notice.
- Feedback: Website and/or Service. If You provide Hyre with any suggestions, comments or other feedback ( “Feedback” ) relating to the Website and/or Service, Hyre may use such Feedback in the Website or in any other Hyre products or services (collectively, “Hyre Offerings”). Accordingly, You agree that: (a) Hyre is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Hyre, (c) Hyre (including all of its successors and assigns and any successors and assigns of any of the Hyre Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hyre Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Hyre or any of the users of the Website.
- Feedback: Staff. You can leave feedback and recommendations for Staff after completion of a Shift. If You do so, You acknowledge and agree that the relevant Staff will be entitled to use, reproduce and publicize that recommendation on the Website and elsewhere. We reserve the right to not post negative reviews and to follow up with Staff who have received negative reviews.
- Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Hyre. Hyre is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Hyre websites does not imply that Hyre endorses or accepts any responsibility for the content or use of such websites.
- DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, HYRE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE STAFF(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYRE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HYRE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HYRE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL HYRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF HYRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Release. Because Hyre does not supervise or control interactions between Organizers and Staff, and because Hyre does not control credit card companies or other payment processing companies, and because Hyre cannot guarantee the true identity, age, nationality of Staff, and because Hyre has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and You agree to release Hyre (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third-party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your interactions and transactions with Staff, Your third party transactions, and Hyre’s resolution of any disputes between Organizers and Staff. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Security. Information sent or received over the Internet is generally unsecure and Hyre cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
- Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of Hyre and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Hyre product names and logos are trademarks or registered trademarks of Hyre. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Hyre. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
LAST UPDATE: JUNE ● 2020