Terms of Use

Welcome to workstaff.app, a technological ecosystem that connects those seeking employment in the service industry (“Employees”) as well as service industry employers (“Employers”), vendors and consumers operated by Workstaff Inc. (“Workstaff”). For all purposes hereunder, the term “Workstaff” shall include Workstaff’s assigns, officers, directors, agents, investors, subsidiaries, and employees. These terms of use (“Terms of Use”) between Workstaff and you set forth the terms and conditions which govern your use of the Workstaff website (“Site”) and/or the services (“Services”) provided thereon. Please read the Terms of Use and the Privacy Policy before using the Site. Workstaff is not a recruiter, employment agency or job placement site and does not place potential employees with potential employers or secure employment for any individuals for gain or profit. Please note that by accessing the Site, you agree to be bound by these Terms of Use whether or not you create an account with Workstaff. If you are using the Site or any of the Services on behalf of a company or other legal entity, you agree to be individually bound by this Agreement regardless of any agreement your company may have with us. Should you have any objections to any terms contained herein, please do not use this Site or any of the Services thereon or, if applicable, please delete your account. These Terms of Use are subject to change at any time and all changes are effective when they are posted on the Site. Your use of the Site after changes are posted will constitute your acceptance of the revised Terms of Use. Use of the Site is void where prohibited.

ELIGIBILITY

You, as a user of the Site and Services represent and warrant that you are at least eighteen (18) years of age, that you have never been convicted of a felony, and that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of the Terms of Use. We make an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of thirteen (13). We are not responsible for any misrepresentations related to user’s age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.

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.

Content Posted By You: You, as a user, are solely responsible for all content you share, provide, produce, display, publish, or disseminate to other users whether such action was taken by you or by Workstaff, with your express authorization. We reserve the right to delete any such content that, in the sole discretion of Workstaff, violates these Terms of Use or which may fall under the Prohibited Activities below. You expressly authorize us to use, forward, or post your profile and/or resume on other social media and internet platforms, sites or services. Further, you expressly authorize Workstaff to use your corporate logo and corporate name, if applicable, for any promotional purposes including marketing and advertising (opt-out by emailing us at cancel@Workstaff.com).

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.

No Joint Venture: Workstaff does not serve as an employer of any user or any employers using our Service and users are in no way legally affiliated with Workstaff other than as may be described by the Terms of Use. You agree that neither you, nor Workstaff, intends to create an independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship and thus no such relationships are created. Workstaff expressly disclaims any liability arising between users of the Site or Services.

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;

Review and comply with these Terms of Use and our Privacy Policy, along with all other applicable policies and notices concerning the Site and Services; and

At all times while using the Site and Services, act professionally and responsibly.

TERM

The Terms of Use become effective immediately upon your use of the Site or Services and remain in full force and effect during the duration of your use of the Site including the duration your account is open, regardless of your activity thereon. You may terminate your account at any time by following the instructions regarding how to delete your account on the “My Account” page. If for some reason you are unable to terminate your account, please contact us at cancel@Workstaff.com. You may be asked to provide a reason for your termination. We may terminate your membership at any time and will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. You will not be entitled to any refunds of applicable fees if we terminate your account due to your breach the Terms of Use, Privacy Policy or any other Workstaff policy as same may be amended from time to time. All account termination decisions are in Workstaff’s sole discretion and we are not required to give reason for termination. After termination, the Terms of Use remain enforceable against the user and, when possible and applicable, all terms and conditions of the Terms of Use shall survive termination.

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.

With regards to links on our Site that lead to other websites, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites, and you acknowledge that all links on our Site are provided for your convenience only. It is your responsibility to evaluate the content on other websites and you enter all third party websites at your own risk. All such websites are governed by the privacy policies and terms and conditions of those sites and not by our Terms of Use or Privacy Policy. You hereby agree to hold Workstaff harmless from any liability that may result from your use of links that appear on the Site.

YOUR RIGHTS

Unless you breach the Terms of Use or Privacy Policy, we hereby grant you a limited, revocable license and right to access, view information on, and use the Site and the Services. You may not assign or sublicense such license or rights. Any violation of the Terms of Use, Privacy Policy, any other policy or our general purpose and mission is strictly prohibited. All rights not expressly granted in these Terms of Use are expressly reserved by Workstaff without limitation.

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

You may create an account at no cost and, as a no-cost account holder, you will have the ability to participate in some, but not all, of the features and services available on the Site and within the Services. Please refer to the Site for a description of the Services requiring payment (“Paid Services”). If you elect to utilize the Paid Services, either on a one-time or subscription basis, you are obligated to pay for such Paid Services unless specifically notified otherwise. If you purchase Paid Services, you agree to allow Workstaff to store your payment card information and to pay the applicable fees (including collection costs and interest for any overdue accounts) and all related taxes as they come due through the end of any applicable subscription period. You further agree to provide current, complete, accurate and updated payment information. If we do not receive payment for any Paid Services, you will be personally liable and responsible for paying all amounts due upon demand and, should you fail to do so, Workstaff may terminate or suspend your account. You may cancel the Paid Services at any time by changing your Account Settings or terminating your account; however, you will not be eligible for a refund for any Paid Services that are terminated prior to the end of the commitment period. All Paid Services are subject to the Terms of Use and the Privacy Policy

RELEASE

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.

Workstaff LIABILITY

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.

INDEMNIFICATION

By agreeing to the Terms of Use, you agree to indemnify, defend, and hold harmless Workstaff from and against all claims, loss, expense or demand of liability (including attorneys’ fees) and costs incurred by us in connection with any claim by a third party arising out of a) your failure to comply with the Terms of Use in any way, b) your submission of materials or content on the Site or Services, or c) any activity in which you engage on or through the Site or Services. You further agree that you will reasonably cooperate in the defense of any such claims.

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.

PRIVACY

Please read our full Privacy Policy which is hereby fully incorporated into the Terms of Use by reference and governs, among other things, the treatment of all information you submit to us. You acknowledge that your submission of any content, material, or information in any form is completely voluntary. By using this Site, you hereby represent and agree that you have reviewed and agree to the Privacy Policy.

COPYRIGHTS

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

We reserve the right to place limitations on your account in order to maintain the performance and availability of the Site and to enforce the Terms of Use. Such limitations may include, without limitation, the number of reviews posted, the number of messages sent through the system, and the number of applications. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our Customer Service department with any concerns you have over the limitations on your use and you agree to abide by any determinations made by the Customer Service Representative.

NOTIFICATION OF ACTS CONTRARY TO TERMS OF USE

Should you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide Workstaff with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these Terms of Use. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.

NOTIFICATIONS AND SERVICE MESSAGES

In order to alert you to certain changes, such as modifications to these Terms of Use, we may place a notice at the top of these Terms of Use or a banner notice across the Site. In the alternative, we may email you, at the email address associated with your account, to alert you of certain changes. You further agree that we may communicate with you regarding your Workstaff account and all Services via your Workstaff account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You agree that we have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Site or the Services.

Workstaff APPLICATIONS

We may offer Services through various applications including applications on smart phones, iPads and similar devices, and interactive plugins distributed on other websites (“Applications”). By using these Applications, you explicitly agree to these Terms of Use and any other agreements required to download the Applications and you agree that various information including, but not limited to, your device on which you utilize to access the Applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to us. If you import any content through any Application, you represent that you have the authority to share such content with your mobile carrier, internet access provider, or other provider. Should you change numbers or deactivate your mobile account, please ensure that you update your account information to reflect such a change and any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of the Workstaff Applications on your mobile devices.

DISCLAIMERS

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

Workstaff will not, under any circumstances, be liable to you for any direct, indirect, incidental, consequential, general, special or exemplary damages arising from any provision of these Terms of Use or any violation thereof or any conduct of you or anyone else in connection with the use of the Site or Services including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Site or Services. Additionally, the aggregate liability of Workstaff arising with respect to these Terms of Use and the Site will not exceed the total amounts paid by any user in the previous twelve (12) months under these Terms of use.

NON-SOLICITATION

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.

NON-ELECTRONIC COPY OF TERMS OF USE

Should you wish to receive the Terms of Use in non-electronic form, please send a written request and a self- addressed stamped envelope to:

Workstaff Inc.
Attn: Terms of Use Non-Electronic Copy
104 rue Villeneuve O.
Montreal (Quebec) Canada
H2T 2R5

CUSTOMER SERVICE

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.

GENERAL PROVISIONS

Failure by Workstaff to enforce any provisions of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and Workstaff with respect to the Site and Services. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Workstaff, its successors, and assigns. Any notice or communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.