Last Modified: March 10, 2019
Effective Date: April 10, 2019
If you use any of our Services, then you agree to be bound by these Terms and agree that you: (i) have read and understood these Terms; (ii) are at least eighteen (18) years old and have the legal authority to accept these Terms; and (iii) agree to be legally bound by these Terms. If you do not want to be bound by these Terms or if you do not agree to these Terms, then you cannot use or access our Services. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INSTAWORK.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST INSTAWORK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In these Terms, “we,” “us,” “our” and “Instawork” all refer to Garuda Labs, Inc. doing business as Instawork. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. “You” and “your” refer to you, as a user of our Services. These words also refer to either a “Worker” (a person seeking and applying for jobs or gigs through our Services) or a “Business” (a business using our Services to try to find workers for jobs or gigs) or both, depending on context. To use our Services to obtain gigs, Workers must agree to Instawork’s Contractor Services Agreement (located at https://instawork.com/legal/gigs-contractor-services-agreement) in addition to these Terms. To use our Services to post gigs, Businesses must agree to Instawork’s Online Services Agreement for Customers (located at https://instawork.com/legal/gigs-online-services-agreement) in addition to these Terms. Notwithstanding the foregoing, these Terms govern your use of and access to the Services, whether you are a Worker, Business, Reference (as defined below) and/or otherwise. Further, in order to use many aspects of the Services, you must register for and maintain an active Services account (“Account”), and these Terms also govern your Account and your use of and access to your Account.We may amend these Terms from time to time. Any amendments will be effective upon Instawork’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
We’ve divided these Terms into sections so that you can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Workers or Businesses.
First, a few words about what we are and your relationship with Instawork:
What we are:
We’ve created a technology platform or marketplace that connects people looking for permanent jobs or temporary jobs (including gigs) to businesses that have them. Our Services enable Workers and users to communicate their contact information, work experience and reference information directly to Businesses with available jobs or gigs, in a format that these Businesses understand. Our Services also enable eligible Workers to find temporary work as contractors and we facilitate that matching process, as well as payment to Workers for that work. Our Services also enable Businesses to communicate the jobs they have and the criteria they are using to select a worker. For temporary positions, our Services include matching Businesses with qualified contractors, as well as facilitating payment transmission for such positions.
Our Services also enable Workers and users to directly connect the people who will be their professional references to Businesses. As a Worker, you choose your references (we call them “References”) and you can see what they say about you (and ask us to remove comments you do not agree with). Once you’ve done work for a Business, that Business can leave feedback that’s visible to you and other Businesses that use Instawork. If you do not agree with the feedback, you can let us know and we will remove it. Our Services strive to make the information given to us by Workers (and their References), Businesses and users available in the most relevant and efficient way, so that Workers and users can find the jobs they want and Businesses can find the workers they need.
Relationship with Instawork:
Workers and Businesses are independent contractors and are not employees of Instawork. Nothing in these Terms or as a result of your use of the Services shall be construed as creating a joint venture, partnership, employment, or agency agreement between Instawork and you.
GENERAL TERMS APPLICABLE TO ALL USERS OF OUR SERVICES
You acknowledge that Instawork does not and cannot control the behavior of the users of our Services, including Workers and Businesses. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.
Instawork’s Services include a communications platform and we do not edit the communications that flow through the Services. Instawork provides a platform that acts as a passive conduit for receipt of information that you provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.
You acknowledge further that the engagement of a Worker to perform a job (in the case of a Business) or the performance of a job for a Business (in the case of a Worker) creates a direct business relationship between Business and Worker. Once services have been rendered by a Worker, Instawork facilitates payment of applicable fees by the Business to the Worker. Businesses and Workers retain the right to negotiate such fees at the time services are provided, and Instawork will coordinate with a Worker to modify fees accordingly.
Our Right to Terminate Your Access and Use
Instawork may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The Services may permit you to submit, upload, publish or otherwise make available to Instawork through the Services textual, audio, and/or visual content and information, including Worker or Business profiles, commentary and feedback related to the Services and other users, initiation of Services-related or support requests, and submission of entries for promotions ("User Content"). You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, education, work experience, skills, photograph(s) and/or location, and such User Content helps you to get more from our Services, including matching you to opportunities. It’s your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. Any User Content provided by you remains your property. However, by providing User Content to Instawork, you grant Instawork a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Instawork’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
The Services also allow you to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Workers, Businesses or References) on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of your use of our Services, including from or based on your communications with other users (including Workers, Businesses and References). Under no circumstances will Instawork be liable for denial of access to any content in our Services. Instawork is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Workers, Businesses and References). Instawork has the right to monitor all content (including User Content) and information exchanged through the Services, however we do not have any obligation to do so.
Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give you an idea of the sorts of things that are not allowed):
· Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
· Copying our Services or using our Services to enable any service that is competitive with us;
· Posting links to any third-party websites through our Services;
· Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users (including Workers or Businesses);
· Reselling any information obtained from us or while using our Service;
· Attempting to compromise the integrity or security of the Services in any way;
· Decompiling, reverse engineering or disassembling the Services in any way;
· Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by Instawork;
· Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
· Harassing, defaming or discriminating against anyone or any entity for any reason.
If you are a Worker or Business, the sections applicable to Workers and Businesses below provide the limited ways in which you can use our Services. Just to make that a little clearer, you cannot use our Services in any way not permitted above or in those sections.
One important rule is that you cannot misrepresent yourself in any way on our Service (whether you are a Worker, Business, Reference or otherwise). You must use your real name and all the information you give us must be truthful and honest at all times. We do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users you may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and Instawork is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If you see any information about you that is inaccurate, you must report it to Instawork, and can do so by contacting us at firstname.lastname@example.org.
Users From Outside the United States
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States only. If you choose to access the Services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States, which may differ from the laws and regulations in your state or home country, and you are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where you are located.
DISCLAIMER OF WARRANTY
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND RELATED SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Instawork and its partners, agents, affiliates, officers, directors, representatives, employees, third party providers and content providers harmless from and against any and all liabilities, claims, demands, losses, liabilities, costs and expenses, including attorneys’ fees, that arise out of or in connection with: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your User Content and Instawork’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.
Instawork Communications, Text Messaging and Telephone Calls
In order to provide our Services and help you to be successful on Instawork, we and others working on our behalf may need to communicate with you by telephone, email, short message service or text message (the “Alert Service”), or through notifications in our mobile applications (collectively, “Communications”).Most of these Communications will relate to your activity on Instawork (e.g., booking job interviews, being notified about gigs you are a match for, or identifying Workers for permanent or temporary positions), but some may be for other reasons.By using the Services (including our websites and mobile applications), you agree to receive Communications from us and our partners and affiliates, and you agree that Instawork and its partners and affiliates may contact you by telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers (including wireless numbers) provided to us by you or on your behalf, including for marketing purposes, even if that number is registered on a federal or state do-not-call list. You understand that you are not required to provide this consent as a condition of providing or purchasing any services.
By providing your phone number and subscribing to our Alert Service, you:
(i) warrant that you are authorized to (a) enroll your designated mobile phone number in the Alert Service, and (b) incur any mobile message or data charges that may be incurred by participating in the Alert Service;
(ii) agree to accept and receive communications via phone call or text message to your mobile device at the mobile phone number you provided to us;
(iii) agree that you are responsible for managing the types of calls or texts you receive;
(iv) you acknowledge and agree that you are responsible for any charges from your mobile carrier; and
(v) Acknowledge and agree that general communications may be provided through automatic telephone dialing technology, an artificial voice or a pre-recorded voice.
You may request to stop receiving Communications from us at any time by contacting our support team at email@example.com. It may take a few days for us to process your request.
The Services also permit other users and Businesses to contact you or provide you notifications on their own behalf via telephone, email, short message service or text message. You agree to receive notifications from Businesses, Workers, References, and others at any of the numbers (including wireless numbers) you have provided to us through any means authorized under these Terms, including phone calls and text messages that use automatic dialing technology or an automatic telephone dialing system, or artificial voice or pre-recorded voice, even if that number is registered on a federal or state do-not-call list.
The Services also permit Workers to identify References and provide telephone numbers and other contact information for References. You agree that, if you provide us with such information, you have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Business from which you are seeking a temporary job (including a gig) or permanent job; and (ii) the Reference’s consent for us, our partners and affiliates, and any Business from which you are seeking a temporary job (including a gig) or permanent job to communicate with the Reference by any means, including phone call or text message, about a reference for you at the phone number or other contact source you provide for the Reference.
Intellectual Property Rights
We retain all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Ideas”), but if you communicate those Ideas to us in any way, you hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing you anything.
Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)
We respect the intellectual property of others. If you think any content posted on our website or through our Services infringes your rights, please contact us at firstname.lastname@example.org or Instawork, PO Box 77714, San Francisco, CA 94107, Attention: Copyright Agent.
Please send the following information:
· A description of the copyrighted work that you claim has been infringed, including where on any of our platforms the material is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
· A description of the location where the original or an authorized copy of the copyrighted material exists (for example, the URL where it is posted);
· Your address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
· A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
· An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Disputes, Governing Law and Venue
These Terms and any claim, cause of action, dispute or proceeding (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the State of California regardless of your country of origin or where you access the Services, and notwithstanding any conflicts of law principles. Subject to the arbitration terms and conditions set forth below, you agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO INSTAWORK’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or you have otherwise violated any of your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Instawork, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Instawork are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Instawork is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Instawork should be sent to PO Box 77714, San Francisco, CA 94107, Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Instawork and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Instawork may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Instawork or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Instawork is entitled.
d. Arbitration Procedures
You agree that any arbitration will be administered by JAMS, Inc. (“JAMS”) under its Comprehensive Arbitration Rules and Procedures then in effect for JAMS (“JAMS Rules”), or as otherwise mutually agreed by you and us. You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, prior to any arbitration hearing. However, the arbitrator shall not have the authority to decide issues of arbitrability or enforceability of this arbitration provision. Notwithstanding any contrary terms in the JAMS rules, the arbitrator will not have the authority to determine whether this Arbitration Agreement or any portion of it is enforceable, revocable or valid, the arbitrability of disputes, or whether claims may be arbitrated on a class, collective, or representative basis. The arbitrator shall have no authority to consolidate claims of different individuals in one proceeding, consider or resolve any claim or issue any relief on a class, collective, or representative basis. Notwithstanding any other part of this agreement, the validity and effect of this class, collective, consolidated, and representative action waiver must be determined only by a court and not by an arbitrator. You also agree that the arbitrator shall have the power to award any remedies available under applicable law, and that the arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law. You understand that Instawork will pay for any administrative or hearing fees charged by the arbitrator or JAMS except that you shall pay any filing fees associated with any arbitration that you initiate, but only so much of the filing fees as you would have instead paid had you filed a complaint in a court of law. You agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure. I agree that this Agreement and its validity, construction, and performance shall be governed by the FAA and cases decided thereunder and, to the extent relevant, the laws of the State of California. Further, the terms and procedures governing the enforcement of this Agreement shall be governed by and construed and enforced in accordance with the FAA, and not individual state laws regarding enforcement of arbitration agreements. You agree that the decision of the arbitrator shall be in writing. Unless Instawork and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. The arbitrator’s decision regarding the claims shall be final and binding upon the parties and shall be enforceable in any court having jurisdiction thereof.
Except as provided by the FAA and this Agreement, arbitration shall be the sole, exclusive, and final remedy for any dispute between you and Instawork. Accordingly, except as provided for by the FAA and this Agreement, neither you nor Instwork will be permitted to pursue court action regarding claims that are subject to arbitration.
f. Voluntary Nature of Agreement
You acknowledge and agree that you are executing this Agreement voluntarily and without any duress or undue influence by Instawork or anyone else. You further acknowledge and agree that you have carefully read this Agreement and that you have asked any questions needed for you to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that you are waiving your right to a jury trial. Finally, you agree that you have been provided an opportunity to seek the advice of any attorney of your choice before signing this Agreement.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
You recognize and acknowledge that, by virtue of using our Services, you may have access to certain information of Instawork or other users, including Workers and Businesses, that is confidential and constitutes valuable, special and unique property of another party. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party, including, but not limited to (as applicable), information about the identity of Workers or their qualifications or other characteristics.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at PO Box 77714, San Francisco, CA 94107, Attention: Legal, or by email at firstname.lastname@example.org.
Instawork may give any notice under or required by these Terms by means of a general notice on or through the Services, email to your email address on record with Instawork, or by written communication sent by first class mail or pre-paid post to your address on record with Instawork. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Instawork, addressed to the attention of Legal, and such notice shall be deemed given when received by Instawork by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to PO Box 77714, PO Box 77714, Attention: Legal, or by email at email@example.com.
If any provision in these Terms is found to be unenforceable, you agree that that provision will be eliminated or modified in the least disruptive way to preserve the intent of that provision and so that all the other Terms remain enforceable. Our failure to enforce any of these Terms does not mean we waive the right to enforce them. These Terms apply unless we have entered into a different, written agreement with you that specifically says these Terms do not apply. You agree not to share your Account or Account information (such as your username and password) with anyone. You also agree to the additional terms below applicable to the iOS and Android versions of our mobile applications. We may, from time to time, assign or transfer all or a portion of our assets to one or more third parties, and you agree to continue to be bound by these Terms, so long as the successor or assignee agrees to abide by its obligations under these Terms.
ADDITIONAL TERMS FOR USERS OF OUR MOBILE APPLICATIONS
Instawork offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
• Instawork and you acknowledge that these Terms are concluded between Instawork and you only, and not with Apple Inc. (“Apple”), and that as between Instawork and Apple, Instawork, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software 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 Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Instawork’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Instawork and you acknowledge that Instawork, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Instawork and Apple, Instawork, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Instawork as follows:
PO Box 77714, San Francisco, CA 94107, Attention: Legal
Instawork and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
ADDITIONAL TERMS FOR WORKERS
If you are a Worker using our services to obtain gigs, you must agree to Instawork’s Contractor Services Agreement (located at https://instawork.com/legal/gigs-contractor-services-agreement) in addition to these Terms before using or accessing the Services. Your use and access of the Services is governed by Instawork’s Contractor Services Agreement and these Terms. In the event of a conflict between these Terms and Instawork’s Contractor Services Agreement, including but not limited to, any conflict with respect to arbitration of disputes, Instawork’s Contractor Services Agreement shall control with respect to such conflict.
Your use of the Services is strictly limited and granted solely to provide you the ability to look for temporary jobs (including gigs) or permanent jobs and connect with the Businesses who have posted available temporary jobs (including gigs) or permanent jobs through the Services. All other use is prohibited. In order to use our Services you must be legally eligible to work in the United States and at least eighteen (18) years old.
By using or accessing the Services, you are agreeing to share information with Instawork, Businesses and other users of the Services. You agree to provide truthful information about yourself and your References, and grant Instawork the right to use this information in connection with the Services. When you give us information, you are also sharing it directly with Businesses that have jobs you might be interested in. We ask you for information so that Businesses with relevant jobs can connect with you. We ask for and share your contact information (including your name, email address and phone number) so that Businesses can get in touch with you about jobs that they offer on or through our Services. We ask for your address so that our Services can find and locate jobs that are closer to you. We ask for your resume (and any cover text) so that our Services can show you jobs that are the best matches for your experience and wishes. Our Services reformat your resume so that prospective businesses with available jobs can digest the information about you more easily. We also ask you for your References and their contact information. You have choices about the information you provide to us and it’s your choice whether to share sensitive information with us and whether to put such information on your profile. With respect to your profile, please do not post or add personal data to your profile that you would not want to be publicly available. You can always choose not to give us certain information; however, not providing information may prevent you from using certain features of or fully enjoying the Services. If any information about you is inaccurate, please let us know by contacting us at firstname.lastname@example.org.
Once you’ve registered an Account as a Worker, you will be offered the option to supply the names and phone numbers of people who are willing to serve as References for you. When you identify a Reference, you are requesting Instawork to send a message on your behalf to the Reference requesting that they provide some information about you. You represent and warrant that you have obtained each Reference’s agreement to serve as your reference, and agreement to receive calls, text messages, or other communications from Instawork. For example, your Reference may receive calls, text messages, or emails asking for their contact information in case there are any follow-up questions or additional information is needed. You will be able to see what your References say about you on your profile and you can contact email@example.com to delete anything said about you if disagree with it or do not like it.
Other Information About You Shared with Businesses
You agree that we and the Businesses that use our Services can share a little bit more information about you on your profile that is visible to you and other Businesses, including but not limited to the following:
· If you schedule an interview with a Business and do not appear for the interview, the Business can note that on your profile, which is visible to you and other Businesses;
· If you interview and a Business likes you, they can note that on your profile, which is visible to you and other Businesses; and
· If you respond quickly to interview requests we will automatically note that on your profile, and if you respond slowly to interview requests, we will automatically note that on your profile.
· If you have successfully worked Gigs with a Business, that information may show up on your profile, along with a rating, if applicable, provided by that Business. We may choose to aggregate all ratings across all Gigs you have worked into a single average rating.
If you disagree with any information that is included on your profile, you can contact us at firstname.lastname@example.org.
ADDITIONAL TERMS FOR BUSINESSES
If you are a Business using our Services to post gigs, you must agree to Instawork’s Online Services Agreement for Customers (located at https://instawork.com/legal/gigs-online-services-agreement) in addition to these Terms before using or accessing the Services. Your use and access of the Services is governed by Instawork’s Online Services Agreement for Customers and these Terms. In the event of a conflict between these Terms and Instawork’s Online Services Agreement for Customers, Instawork’s Online Services Agreement for Customers shall control with respect to such conflict.
Your use of the Services is strictly limited and granted solely to provide you the ability to try to fill open job positions listed through on or through the Services with Workers connected to you by or through the Services. All other use is prohibited.
Use of Our Services
You agree that you won’t use the Services in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for us. You also agree that you won’t collect or compile data on Workers using our Services except for the specific purpose of filling a job you list using our Services. To use our Services, you agree to give us truthful information about your business and the jobs you have available as well as the right to use that information to provide Services to you and make our Services available to Workers and other users. You agree that all information you post about your organization, any jobs, any Workers or any other information is truthful.
Jobs or Gigs Postings
In addition to any other applicable fees and applicable fees set forth in Instawork’s Online Services Agreement for Customers, you authorize us to charge your Account for the job posting and gig posting fees in effect or otherwise provided to you when you post a job or gig. Fees are in US dollars and you are responsible for any taxes on those fees. To the extent permitted by law, fees are non-refundable and non-cancelable.
You agree to share your Account information only with your employees or representatives who are authorized to use our Services on your behalf. You agree that all activity on the Services using your account is being conducted by someone duly authorized by you to do so. You agree you are fully liable and responsible for all actions performed using your account.
Compliance with Laws
You agree to comply with all applicable laws relating to your use of our Services, including laws pertaining to non-discrimination and equal opportunity, as well as the Fair Credit Reporting Act.