1. Service Overview. Hyre is an online marketplace that connects independent contractors who wish to be engaged as staff, such as servers, bartenders, cleaners, general laborers, etc. who register to use our Website (“Staff”) with organizers who are registered on our Website (“Organizers”). The Hyre service (the “Service”) enables Organizers to hire Staff for their shifts (“Shifts”).
3. Appointment; Non-Exclusivity. Subject to the terms hereof and the satisfactory passing of any verification tests as indicated in Section 4 below, Hyre appoints You on a non-exclusive basis as an independent Staff member on the Website. It is understood that no promises or representations whatsoever have been made as to the potential number of engagements you may receive from Organizers or that You can expect at any time during the term of this Agreement. This Agreement does not provide any right for You to be offered any minimum number of engagements whatsoever, at any time. In addition, You remain in control of Your availability and are not required to commit to a minimum number of shifts. Furthermore, nothing in this Agreement shall be interpreted as requiring You to provide services exclusively to Hyre or to Organizers through the Hyre platform. You remain free to provide your services to third parties and to determine the number of hours and the volume of shifts You wish to take on, neither of which is controlled or determined by Hyre.
4. Verifications and Background Checks. You represent and warrant that You have provided accurate information to Hyre about your background and credentials prior to entering into this Agreement. Hyre reserves the right to carry out investigations to determine that all contractors are and remain qualified, able and suitable to perform the services with appropriate care, skill and diligence. For certain services, further verifications may be conducted from time to time even after You have been accepted as a contractor of Hyre
5. Independent Status; No Agency. You acknowledge that you are an independent contractor and not an employee of Hyre and that Hyre has advised You to seek independent tax counsel regarding independent contractor status so that You can satisfy Yourself that on entering into this Agreement, You will in fact have independent contractor status for all purposes including income tax purposes. For greater certainty, You are solely responsible for your own statutory remittances including but not limited to income tax, CPP, EI, employer health tax and any other similar taxes or contributions as are legally required except for those which we deduct on your behalf (WSIB). You represent and warrant to Hyre that you understand and agree that You are not an employee of Hyre and will not be entitled to: (a) any remuneration from Hyre; (b) participate in any of Hyre’s employee plans, programs or benefits whatsoever, now existing or hereinafter established from time to time; or (c) receive any vacation time/pay, public holiday pay, paid leaves of absence, etc., which are only granted to employees of Hyre. You agree to indemnify and save Hyre and its owners, officers, directors, employees and agents harmless from and against all claims, actions, demands, suits, liabilities, losses, expenses, penalties, interest, costs or damages of every nature and kind whatsoever which Hyre and/or its owners, officers, directors, employees and/or agents may have or suffer, arising out of any finding at any time by any court, tribunal or administrative body that you or any of your employees are actually employees of Hyre. Without limiting the generality of the foregoing, You shall have no authority, without the written authorization of Hyre, to bind Hyre in any act, promise, representation or contract, or to bind Hyre to perform any obligations to any third party. You shall not hold yourself out as being employees, partners, affiliates, or agents of Hyre.
6. Performance Standards. Subject to Your obligations under this Agreement, You shall have sole discretion as to the management of Your business, time and resources. To the extent that such is not inconsistent with standards and procedures adopted by You for Your specific services, You agree to comply with Hyre’s business practices, policies and procedures notified to You from time to time. Without limiting the generality of the foregoing, You will comply with the terms of this Agreement including terms relating to the use of the Hyre website. You shall use all reasonable skill, care and due diligence expected of professionals in like circumstances and consistent with all applicable industry standards, currently recognized in the service industry when providing services.
7. Shifts. Once You are registered as a Staff, if your rate falls below the maximum rate set by an Organizer, the Organizer will be able to invite you to work a shift. You will also be able to see shifts and will have the ability to select shifts that you are eligible to work (under the ‘Find Shifts’ tab on your account). The Shifts that You are able to ‘select’ to work are shifts that you do not have to apply for. Once you select the shift, You are booked as working on that shift.
8. Cancelling Shifts and “No Shows”. If You cannot make a Shift that you have agreed to work, You must inform Hyre through the website or the Hyre app at least 48 hours prior to the Shift. If You fail to provide at least 48 hours of advance notice that you cannot work at a Shift or if you are a no-show to a Shift, Your credit card or bank account that Hyre has on file may be charged a cancellation fee of up to $150. You may subcontract your Shift to an equally qualified Staff in order to avoid this cancellation fee.
9. Disputes and Complaints. Organizers may lodge complaints if they are dissatisfied with a Staff. We will notify You of any dispute pertaining to You or a Shift which You participated in and we will endeavour to resolve any dispute within fourteen (14) days. If Hyre considers a complaint valid and such complaint relates to non-attendance, abusive or unprofessional conduct by You, Hyre reserves the right to terminate or suspend Your access to the Service, to remove You from our register of Staff and to exercise any other rights and remedies that Hyre may have.
10. Your Conduct. In using the Website and Service You agree that You will not: (a) copy or distribute any part of the Website without our prior consent;
(b) alter or modify any part of the Website;
(c) upload, post, email, transmit or otherwise make available on the Website or through the Service:
i) 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;
ii) 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 Organizers in any way;
iii) any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
iv) 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 Staff, Organizer or visitor to the Website or that compromises any person’s privacy;
(d) impersonate any person or entity or misrepresent Your affiliation with a person or entity;
(e) 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; .
(f) collect or store personal information about Organizers or viewers except for information shared with You directly by Organizers; or
(g) resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
11. 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 Organizers of the Website.
12. Feedback: Organizers and Shifts. You have the option to provide feedback on Your experience with Organizers at Shifts to Hyre.
13. 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.
14. DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, HYRE INC. 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 SERVER(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 OF MERCHANTABILITY, 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.
15. 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, DEATH OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, (V) 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 (VI) 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.
16. 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 does not screen or monitor the Shifts, and because Hyre cannot guarantee the true identity, age, or nationality of Organizers, 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 third party transactions and in connection with Hyre’s resolution of any disputes between Organizers and You. 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.
18. 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.
20. 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. 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.
21. Third Party App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain the Hyre App from the Apple App Store or from GooglePlay (each an “App Store Provider”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 20, the more restrictive or conflicting terms and conditions in this Section 20 apply, but solely with respect to the App from the App Store Provider. You acknowledge and agree that:
(a) This Agreement is concluded solely between Hyre and you and not with The App Store Provider, and Hyre not The App Store Provider, is solely responsible for the Hyre App and the content thereof. To the extent this Agreement provides for usage rules for the Hyre App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The App Store Provider term will take precedence and will apply;
(b) The App Store Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Hyre is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Hyre App to conform to any applicable warranty, you may notify The App Store Provider, and The App Store Provider will refund the purchase price for the Hyre App to you and to the maximum extent permitted by applicable law, The App Store Provider 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 to conform to any warranty will be Hyre’s sole responsibility;
(c) Hyre, not The App Store Provider, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the Hyre App, including, but not limited to: (i) product liability claims; (ii) any claim that the Hyre App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
(d) The App Store Provider, and the App Store Provider’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Governments as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
22. Changes to the Service or Website. Hyre reserves the right to alter, suspend, or discontinue this Website and/or the Service at any time and for any reason or no reason without any liability to You. In such cases, Hyre 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 computer or network equipment or other reasons. Hyre may periodically add or update the information and materials on this Website without notice.
LAST UPDATE: JUNE ● 2020