Conditions d'utilisation du site et de la plateforme Workstaff
(Version française à venir sous peu)
MEMBERSHIP AND SUBSCRIPTION
Only User: You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact Workstaff immediately upon discovering or suspecting unauthorized use of your account.
Information Provided by Users: It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Site and Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us. As to any content, information or materials you provide to the Site or to other users of the Site, you represent and warrant that you have the right to use and share such content, information or materials. You hereby irrevocably grant to us a perpetual, non-exclusive license to use any content, information or materials provided by you to us in public forums in any way that we, in our sole discretion, determine to use it.
Prohibited Activities: In the interest of maintaining your integrity and the integrity of the Site, please do not:
- Share, provide, produce, display, publish or disseminate to others content that:
- Is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually oriented, threatening, harassing, or racially offensive;
- Is illegal or infringes or violates another user’s rights, promotes illegal activity including copying the copyrighted works of another user, or provides instructional information about illegal activities;
- Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;
- Is harmful or threatening to the safety of users;
- Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;
- Consists of “junk mail,” “chain letters,” or “spamming”;
- Contains any restricted, password only, or hidden pages or images;
- Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them;
- Requests passwords, account information, or personally identifying information for any commercial or unlawful purposes from another user; and
- Engages in commercial activities and/or sales without Workstaff’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.
- Impersonate another user or entity or create an account for anyone other than a natural person; Harass others in any way, including stalking;
- Expressly state or imply that any statements you or others make are endorsed by Workstaff unless you have the prior written consent of Workstaff;
- Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Site or Services;
- Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
- Disrupt or interfere in any way with the Site or the Services or any of the servers or networks connected to the Site or the Services;
- Utilize or copy any information or content to provide any service that is competitive, in Workstaff’s sole discretion, with Workstaff or access the Site or Services for any competitive purpose including monitoring availability, performance or functionality;
- Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Site, Services, any software, hardware, and/or equipment;
- Share any non-user information without such non-user’s express permission;
- Disguise the origin of any information transmitted via the Site or Services;
- Direct any person to the Site by using meta tags, code, or any other devices including any reference to the Site or Services to for any reason whatsoever;
- Remove, cover or otherwise obscure any form of advertisement included on the Site;
- “frame” or “mirror” any part of the Site or Services without our prior written authorization;
- Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Site or Services or any other software used on or for the Services or Site; and/or
- Override or attempt to override any security component on the Site or Serivces.
Workstaff reserves the right to investigate and take legal action against any user who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all inclusive as to activities for which an account may be suspended or terminated.
Account Security: At the time a user creates an account, he/she will be required to create a password for such account. You are responsible for a) maintaining the security of your password, b) all activity occurring on your account, c) logging out of your account at the end of each session, whether on a personal or public device, and d) notifying Workstaff of any actual or suspected unauthorized use of your account. Please use enhanced caution whenever accessing your account from a public computer.
Automatic Renewal: Until and unless you terminate your account, such account will automatically renew after each commitment period for an indefinite period of time at the initial agreed upon price, if applicable. Should you prefer not to have automatic renewal, please indicate so on the “My Account” page of your account. If you have paid for any Services and you decide to terminate your account, you may use those Services through the end of the commitment period and you will not receive any refund of fees. By creating an account, you authorize Workstaff to charge you for any fees or taxes applicable to your account upon creation and on all automatic renewal dates thereafter.
Miscellaneous: As a user of Workstaff, you agree to:
Comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements;
Provide accurate and updated information;
At all times while using the Site and Services, act professionally and responsibly.
INTERACTIONS WITH OTHER MEMBERS
workstaff.app is a technological ecosystem facilitating connections between users, Employers and Employees in the service industry.
Interaction between Employees and Employers: You are solely responsible for all interactions with other users. Employers and Employees agree to make their own decisions regarding persons they employee and positions they take and further recognize that Workstaff does not conduct user background checks, specifically represent or recommend any individual users, or independently verify any information provided by users on the Site. You hereby represent, understand and expressly agree that we do not have liability for or control over any user’s authenticity, integrity, abilities or responsibility. Additionally, all users expressly agree not to hold Workstaff liable for any damage, suits, claims or controversies whatsoever arising from any relationship developed on the Site or through the Services.
Transactions: Workstaff is merely a platform for facilitating connections between users and is in no way involved in any transactions or relationships that occur or develop as a result of those connections. Any and all suits, claims, disputes or controversies must take place between the users and you expressly agree that we will not be held responsible or liable in any way whatsoever for any such suits, claims, disputes or controversies. You, as a user, agree to immediately report to Workstaff any suspected misconduct or false information provided by other users of the Site or Services.
Public Areas: Users are prohibited from using the Site or Services to share or receive any content that is inappropriate or offensive to other users, as determined by Workstaff in our sole discretion. You hereby agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Site or Services in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Site that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Site, Services or any user’s computer in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Site or Services; vi) advertise, sell, or offer to sell any goods or services on the Site for any purpose which is not relevant to the Services offered by Workstaff including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) “spam” (post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Site or Services. We are not responsible for the misuse or misappropriation of any content or information you post in any publicly viewable forum such as your profile or reviews.
COMMERCIAL USE PROHIBITION
The Site and Services are for the use of individual users only and any use in connection with any commercial endeavors without the express prior written consent of Workstaff is strictly prohibited. Such restriction does not prohibit the direct employment of an Employer by a Business. Employers may only use the Site or Services as users or advertisers and not for any illegal or unauthorized purpose. Workstaff reserves the right to take any and all appropriate legal action. Workstaff reserves the right to terminate your use of the Site and Services in its sole discretion at any time and your use of the Site and Services is with the revocable permission of Workstaff.
BILLING AND PAYMENT POLICY
In the event that you become involved in a dispute with one or more other users, you hereby release Workstaff from all claims, demands, or damages of every kind, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, in any way connected with such disputes.
Users agree not to hold Workstaff liable for any services delivered which originated through the Site or Services or were otherwise provided by a user. Further, users release Workstaff from all claims, demands, and all actual or consequential damages of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in any way connected with such disputes.
INTELLECTUAL PROPERTY RIGHTS
Workstaff owns and retains all proprietary rights in the Site and the Services. All software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content (“Proprietary Material”) on the Site or through the Services, and the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended, is owned by or licensed to Workstaff. All Proprietary Rights are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of the Proprietary Rights without Workstaff’s prior express written permission, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. The Site and Services contain materials protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws and any use of such Proprietary Material is expressly prohibited without the prior permission of Workstaff or the relevant right holder or as otherwise permitted therein.
NOTICE OF TRADEMARK RIGHTS
Workstaff owns the service marks and trademarks Workstaff and all other trademarks, service marks, logos or trade names appearing on the Site or through the Services are the property of their respective owners. Users may not copy or use any of the marks, logos or trade names without the prior express written notice of the owner. You acknowledge Workstaff’s rights and the rights of third parties with respect to those rights.
RELIANCE ON CONTENT ON SITE
You agree that Workstaff is not responsible for your reliance on any information or content made available through the Site or Services, other than that provided directly by Workstaff, and the authors of such information and content are solely responsible for such content. Workstaff does not guarantee the accuracy or completeness of any information on the Site or the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any party that appears on the Site or Services. You agree that Workstaff will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Site or Services.
You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the Site or Services infringe upon your copyrights, please provide our Copyright Agent with the following:
- A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the Site or Services where such material is located;
- A description of where the original or an authorized copy of the copyrighted work exists;
- An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
- Your contact information including your full name, address, telephone number, and e-mail address;
- A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and
- An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.
MODIFICATIONS TO THE SITE
Workstaff reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Site or Services or any content or information thereon with or without providing notification to users. You agree that we are not liable to you or any third party for any modification or discontinuance of the Site or Services. Additionally, you have the same rights with respect to any content that you post, share with, or introduce to the Site or Services.
LIMITATIONS ON USE
NOTIFICATIONS AND SERVICE MESSAGES
You agree that Workstaff is not responsible for any incorrect or inaccurate content or information posted on the Site or in connection with the Services and no user should rely on Workstaff, any information therein, or the continuation of the Site or Services. We provide the platform for the Site and all information and Services on an “as is” and “as available” basis. We have no obligation to verify the identity of the individuals subscribing to our Services, nor do we have any obligation to monitor the use of Services by other users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Site or Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of our Site or Services. Workstaff and its affiliates, advertisers, promoters, or distribution partners will in no way and under no circumstances be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or Services, whether online or offline. We do not control or review user generated content for accuracy. We do not provide any express warranties or representations. We disclaim any and all implied warranties and representations to the fullest extent permissible under applicable law, including, without limitation, all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. Should you become dissatisfied or harmed by the Site or Services, your sole and exclusive remedy is to terminate your account in accordance with the above section “Term.” We are not responsible for any communications occurring on the Site or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Site or Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Site may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to Workstaff.
LIMITATION OF LIABILITY
Other than connecting with users for the purpose of receiving or providing a position in the service industry, individuals and companies are prohibited from using the Site and Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting users for employment, contracting, or any other purpose for a business not affiliated with Workstaff without the express written consent of Workstaff. We reserve the right to terminate your account or use of the Site or Services in our sole discretion at any time if you violate this section or any terms stated herein. We further reserve the right to take appropriate legal action including, without limitation, civil, criminal, and injunctive redress.
104 rue Villeneuve O.
Montreal (Quebec) Canada
Workstaff provides assistance to its users through its customer care representatives. Communications between you and our customer care representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our customer care representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our customer care representatives in any way.