Last Updated: 01-09-2017
Terms and Conditions
The following Terms and Conditions represent a legally binding User Agreement (Agreement) between You (User) and Workclick Inc. (Company or Workclick or Workclick Platform or Workclick Application) guiding access and usage of Workclick Platform (Workclick Platform as herein defined) in terms of your right to use the Workclick application, website, content, products, and services. This Agreement also affirms your consent to all the rules of engagement between Users (Worker Partners, Customers, or Service Providers).
Scope and Applicability
These terms and conditions expressly state and cover your rights for the usage and access of Workclick Platform. Please read carefully before agreeing to the terms and condition. Consenting to this agreement means you understand this user agreement and also accept all the terms and conditions. You will not have access to Workclick Platform, if they do not consent to be bound by the terms and conditions of this agreement.
By extension, accessing and usage of Workclick Platform is an indication of your acceptance and agreement to all of the terms and conditions, Privacy Statement and the Workclick Satisfaction Cover which may be subject to any amendment or modification as Company may issue from time to time at Companys sole discretion. Posting of amendments to any part of this agreement on Workclick Platform automatically certify such terms and condition irrespective of whether user receives a personal notice or not. Such amendment will be immediately effective and your continual usage of Workclick application certifies that you consent to be bound by the amended terms and conditions.
General Terms and Definitions
(1). Workclick Platform: What We Do
Workclick Platform is an interactive online application that provides critical labour solutions by linking Customers and Worker Partners in a secure business engagement. Customers are persons, a group of persons/businesses in need of services. Worker Partners refers to individuals/businesses possessing relevant skills that are able to meet with Customers needs and they are both referred to as Users on Workclick Platform.
(2) Service Agreements
A Service Agreement is initiated if Users (Customers and Worker Partners) consent to the terms of a particular service. The Workclick Platform only provides a web-based linkage for Users and as such, the Company does not have control over the quality of services rendered, timing, legality, and the company is not liable for the performance of Users. Company cannot attest to the reliability, timeliness and accuracy of services requested by the customers and services rendered by worker partners through the Workclick Platform whether in public, private, or offline interactions.
(3) Background Checks, Verification and Vetting of Users
Users of Workclick Platform may be subjected to a comprehensive and wide-reaching background checks, verification and vetting before registering and assessing Workclick applications. All documents to facilitate a comprehensive background checks must be submitted by the Users. Users hereby consent to Workclicks use of third party services to conduct background checks on them as may be required in accordance with US Federal and State laws including, without limitation, to the Fair Credit Reporting Act.
User hereby release company and its affiliates or licensors from any liability associated with the services rendered and as such, the company or its affiliates or licensors will not be held responsible for the conduct of users, claim, injury or damage arising from or in connection with use of the Workclick platform.
Company is not obligated to authenticate and certify each User based on the background check and as such, the company does not assume any responsibility for the accuracy or reliability of identity of Users provided through the Workclick Platform. Users must exercise good judgment, common sense and due diligence to safeguard personal information and protection of lives and property when interacting with other Users.
(4). Users Attestation and Warranties
User affirms and warrants the following attestation that:
(ii). you hold all licenses and certification necessary to provide the services and that you also possess the skills and expertise to carry out such services accurately;
(iii). you will be held liable for any damages that occur in the course of rendering your services as well as theft and that you may be disqualified from the platform as a result of same;
(iv). you will not be refunded the cost of background check;
(v). you do not have the right to instruct Workclick platform on what to do in case of dispute or claims between customers and worker partners.
(vi). you are 21 years of age or older and capable of entering into binding contracts;
(vii). you have authority to act and bind an agreement on behalf of a company;
(viii). you are not to disclose any other Users information to any third party without the prior consent of the user;
(ix). you will fulfill your obligations to other Users;
(x).you will act professionally, dressed neatly and interact politely with other Users;
(xi). you will provide timely services with high quality standards to your customers.
(5). Agreement between Customers and Worker Partners
A contract is binding when Users consent to the terms and condition of a service (Service Agreements). The terms of the Service Agreement includes the following:
(i). The terms of services requested and accepted on the Workclick applications, and any other contractual obligations accepted by Users (as long as such other contractual obligations do not contradict the initial terms in the Service Agreement);
(ii). Users consent that Workclick is not a party to any Service Agreement proposed, accepted and concluded;
(iii). Users consent to monitor their services and in a situation where there the services are not efficiently delivered, such customers should report to the Workclick Platform; The Platform will verify and may sending another service provider.
(iv). Users must have primary insurance for all of their assets;
(v). Users will not be paid in case of any complain by the customers;
(vi). Worker Partners will personally provide the services for which they are hired;
(viii). Users must always check their environment for safety purpose, and they can decline such services in case of any life threatening situation.
(ix). Users should not be sent to buy materials and they should not be expose to any risk,
(x). A service can be rejected if a User does not come with the right tools or does not dress properly for the job.
(xi). Users should not be insulted in the course of rendering services and Users do not have the right to arrest each other.
(xii). The Consumer shall pay Worker Partners directly for completed services through the payment platform as indicated on the Workclick applications and at the rates set on the workclick platform.
(xiii). Users consent to report any dispute to Company via Workclick representatives for at least thirty (30) days before initiating any arbitration proceeding between the parties.
(6). Access and Usage of Workclick Applications
Company registration will involve you creating a password and account number. This information is expected to be personal and confidential, making you the sole authority to your account. Workclick does not have power over any Users account and will not be responsible for any third party/unauthorized usage. However, in case of any suppose unauthorized access to your account, Workclick should be notified without delay.
Note: Your consent to provide other contact information such as phones and email addresses represent an express permission by Company to have access to and use same at it may deem fit for the overall benefit of the Workclick Platform and its Users.
(7). Workclick Application Contents/General Codes of Conduct
The Workclick Platform is designed to optimally cater to all communication needs of both Worker Partners and Customers. User-profiles, inbuilt chat and messaging channels, email add-ons, forums, review panels, job listing panels and other communication channels form the communication system. Company deems to set the following ground rules which every user must abide by. Your acceptance of these terms and conditions therefore makes them legally binding on you. To wit, a user pledges to adhere to the general rules of engagement with the Workclick Platform and Users:
(i). The use of slander, defamatory actions and harassment or any other abuse to violate the legal rights of Users is strictly prohibited
(ii). Offensive and harmful content which promotes racism, bigotry, hatred or physical harm of any kind against any other should not be uploaded to the Workclick Platform.
(iii). Advertising and Soliciting for any other businesses, website or services which contradict the purpose of Workclick Platform is prohibited.
(iv). Collation of usernames and email address, phone number and contact address of Users through Workclick platform for personal use is prohibited.
(v). Workclick platform should not be used for any other purposes.
(vi). Files that contain viruses or any other software that may affect the operation of another’s computer must not be uploaded.
(vii). Any attempt by a user to restrict any other User from using and assessing Workclick platform is prohibited .
(viii). Interference or hacking of servers or network associated with Workclick Platform is prohibited.
(ix). Advertisement of services which are outside the services offered on the Workclick platform is prohibited
(x). Files that consists of software that violates the intellectual property rights (or rights of privacy or publicity) of any third party should not be uploaded.
(xi). Dissemination of false or misleading information for the purpose of accessing Company trade secret is prohibited.
(xii). Impersonation or allowing any other person to use your identity to post or view comments is prohibited.
(xiii). Lifting services descriptions of other users is strictly prohibited.
(xiv). Adoption, and alteration of Workclick application for your personal or commercial use is prohibited.
(xv). Removal or alteration of any copyrights or trademarks owned by Company is prohibited.
(xvi). Giving of false and inaccurate information in order to circumvent the payments system provided in the Workclick Platform is prohibited
(xvii). Users are barred from registering with different usernames, after their account has been suspended or terminated.
(xviii). Posting or publishing of materials and information which are not relevant to services offered on the Workclick Platform is prohibited.
In the event of a breach in any of these rules of engagement, Company will not be held liable for information or materials posted or uploaded in the Workclick platform. Thus, Users consent that all submissions made to Workclick Platform will be made public and be publicly identified by your name or login identification when interacting with other Users
(8). Order, Charges and Payment System
Once a Service Agreement is in place such a contract is binding on the Users through the Workclick Platform. Workclick is privy to and exists to ensure a smooth operation the contract that binds the Users and as such Users must at times ensure payments are made directly through the payment gateway on the Workclick platform.
(9). Suspension and or Cancelation of User Account
Company may cancel or repudiate any User on Workclick Platform if such user threatens the safety and integrity of other users on the Platform. The company will provide a written notice to such effects either through email or through delivery and it will be effective upon the delivery of such notice to the User.
In the same vein, Company has the right to defer the registration of any User if the integrity of such User is at stake and the termination of User automatically removes such user from the Workclick platform. Suspended User cannot register another name or account and will not be entitled to any refund. Company reserves the right to change in the interim or permanently any content of the Workclick platform at its sole discretion. Users also reserve the right to end up this agreement anytime.
Workclick Platform only serves an intermediary, linking customers and worker partners and as such will not be held responsible for any dispute, claim or damages that may arise in the course of rendering any services. Thus, the company is released from any liability that may arise between Users of Workclick platform.
(11). Administration and Implications of User Content
(i) Meaning and Obligations
Signing up to the Workclick Platform essentially allows you to have access to the full array of functionalities available on it. This means Users can post their relevant content (in any media or file format) and share same with others on the platform as the need arises. All of such materials and information that you provide will be displayed in your account on the Workclick Platform and will be referred to collectively as Your Content. Even though users retain an exclusive access to their account, all the content they upload for the Workclick Platform public, other users, will not be treated as private or confidential. Hence, by accepting the terms of this agreement, User consent that they are solely responsible for their Content submitted on the Workclick applications.
Pursuant to this, you hereby consent to Workclick that the information and data provided in Your Content:
(a) is true, accurate, complete and not misleading;
(b) is solely and exclusively yours or you have all rights, licenses, consents, and releases necessary to grant the license to Your Content;
(c) will not infringe, misappropriate, violate any third partys intellectual property or proprietary rights, privacy or publicity rights, or result in the violation of any applicable law or regulation;
(d) will not be defamatory, libelous, hateful, violent, obscene, pornographic, harmful to minors, unlawful, unlawfully threatening, or unlawfully harassing or otherwise offensive, as determined by Workclick in its sole discretion, whether or not such material may be protected by law;
(e) is not a product of fraud, theft or contraband and does not involve the sale of contraband, stolen or fake items;
(f) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
(g) will not contain any viruses, Trojan Horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
(h) will not create liability for Workclick or cause Workclick to lose (either in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
Furthermore, Workclick may, but shall not be obligated to, review, monitor, or remove your Content, at Workclick’s sole discretion and at any time and for any reason, without a prior notice.
In addition, the Workclick Platform allows Users to supply reviews and ratings of specific Service Providers (User Comments). Each Users Comment is the Users opinion and not that of Workclick. Workclick Inc. admonishes Users to give honest, objective and constructive comments on the Worker Partner who has rendered a service for them. User Comments are not approved or verified by Workclick, nor can they guarantee the accuracy or reliability of User Comments, therefore Workclick Inc. shall not be responsible or liable for any decisions made based on User Comments. Each User should ensure that they carry out independent enquiries and be satisfied that the Worker Partners they want to engage is skilled and fit to render such services. Workclick Inc. may however verify a User Comment if a User requests that it should do so.
(12). Accessibility and Official Usage Rights
(a) By acceptance of this agreement you hereby grant to Workclick and its affiliates, licensees and sublicensees, without compensation of any kind to you or any other person or entity, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, where, when and how it so wishes for the duration of any copyright or other rights in Your Content without further notice to or consent from you.
Note: This consent to access and use your content is perpetual and may not be revoked for any reason, to the maximum extent permitted by law.
(b) you also consent to releasing the Company from any claims or legal action regarding your content in as touching defamation, invasion of right to privacy, or breach of trust.
(c) you also consent that the Workclick platform has the right to access Your Content without any financial commitment by Workclick Inc. for using such content.
(d) User also agree that Workclick is not responsible for any expense or liability incurred in creating or supplying Your Content to the Workclick Applications, including any loss of such data.
(13). Regulations on Third-party Websites and Links
For your convenience and privacy, Workclick applications may contain links to other websites, contents or Apps (third-party sites). Workclick does not have control over the content and information provided through such third-party sites and provision of links on Workclick Applications does not translate to an approval of the content and information from such third party sites but only for information, reference and convenience only.
For smooth running of Workclick applications, Users may hook up their Workclick account with other third-party services such as social media or social networking or any other online service providers (such as Facebook, Instagram etc.) which is also known as Other Account. In such instances you may be requested to provide account login information registered with such third party site in order to gain access to the account.
By accepting this user agreement, you affirm that you willfully disclose login information of your Other Account to Workclick in order to gain access through Other Account and therefore accept personal responsibility for any charge or limitation that may be imposed by the third-party service provider. By extension you also affirm that you are aware that by gaining access to Workclick Platform through Other Account, all materials and information posted on Other Accounts may be available on your Workclick account. By this you fully acknowledge and permit Company:
- to access materials and information provided stored in your Other Account which includes friend lists, contacts, email addresses;
- full access to receive and submit any additional information to notify you when you link your account with the Other Account.
If your third party account becomes unavailable or Workclicks access to such Other Account is terminated by the third-party service provider, then Other Account content may no longer be available on and through the Workclick Applications. User can disable the connection between their account on the Workclick Applications and Other Accounts at any time.
Note: Workclick does not have control over Other Account and as such does not have the means to change the content and information on your Other Account Content for any purpose. Your relationship with your other account is entirely between you them, therefore their terms do not apply to Workclick.
(14) Arbitration Agreement
By agreeing to the Terms and Conditions of service, you consent that you are required to resolve any claims or dispute that you may have against other Users on Workclick Platform through arbitration, before taking a legal steps. This bars you from taking legal actions on any Users without the prior notice to Workclick Inc.
(15). Agreement to Pursue Informal Negotiation and Amicable Settlement
In the event of any disagreement, dispute or controversy arising between Users on the Workclick Platform, you consent that effort should be geared towards resolving the dispute in an informal and amicable way such as arbitration for a period of at least one calendar month. This period of one calendar month must first be exhausted before any arbitral or legal action can be initiated.
(16). Final Binding Arbitration
Users consent that any dispute or claims which leads to breach of agreement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress, any promotions, offers made by Company, breach of any express or implied contract or breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; and any state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims, will be settled by final binding arbitration between you and Workclick, and not in a court of law.
By accepting this user agreement you fully consent to waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against Company. Any arbitration will only be carried out on an individual basis and not as class, collective, consolidated, or representative proceeding.
However, User and Workclick each have the right to bring an individual action in small claims court as well as the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the case of violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights and threatened infringement.
(17). Governing Law on Arbitration
The governing law regulating arbitration (Arbitration Agreement) in this terms and condition is the Federal Arbitration Act, FAA, (9 U.S.C. §§ 1 et seq.). it takes effect upon execution and ends after the termination of this Agreement or your relationship with Company.
However, the applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator in any case where:
(1) the dispute or claim is filled as a class, collective, consolidated, group or representative action and;
(2) there is judgment that Class Action Waiver is unenforceable.
User should note that at all times Class Action Waiver shall be enforced in arbitration on an individual basis.
Notwithstanding any choice of law or other provision in the terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA will govern its interpretation and enforcement and proceedings pursuant thereto. User consent that FAA and American Arbitration Association, AAA, rules shall supersede all state laws unless the claims raised do not apply to any issue under this Arbitration Agreement. In such situation the laws of the state will considered to resolve such claim.
(18) Process of Arbitration
In the event that a dispute goes all the way to arbitration, a mandatory written notice should be made to the other party whenever a User decides to initiate the arbitration process. In this Agreement, Arbitrator shall either be (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and the parties will jointly agree on their choice from the AAA’s roster of consumer dispute arbitrators.
In addition to other rules of arbitration engagement as stipulated by the FAA and AAA rules, this user agreement makes it clear that the country of residence is the location of the arbitration exercise, unless otherwise agreed between you and Workclick Inc. and judgment will be made based on the documents submitted by both parties to the Arbitrator, Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(19) Arbitrator’s Decision is Final and Binding on You and Workclick.
The decision made by an Arbitrator shall be final and binding on all parties and shall have no precedential or collateral estoppel effect. The Arbitrator will render an award within the time frame specified in the AAA Rules and any court having competent jurisdiction maybe required to execute arbitration award. Declaratory or injunctive relief may be awarded by the arbitrator in favor of the claimant. The party who succeed in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
(20). Workclick Satisfaction Cover
User acknowledges that The Company does not perform employment services on behalf of users and also does not contract any user directly to perform any services for any customers and as such, the Company will not be held responsible for any tax payments or withholding, unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with any Users.
Worker Partners will determine what categories of services they are qualified to offer. Workclick Inc. does not oversee, monitor or supervise worker partners and the communications between Users. Customers should examine, certify, attest that a worker partner is well qualified, competent and skilled to effectively carry out his services before any services is rendered and concluded.
Workclick will not be held responsible for any damages, theft or any unforeseen circumstances that may occur during the course of rendering such services. Customers are expected to have primary insurance of all their assets. The pledge Workclick platform makes is to re-do the services, in case there is breach of agreement. Customers are expected to watch over their service provider and not expose them to unnecessary risk.
(21). Intellectual Rights
Intellectual property rights in this user agreement cover all proprietary materials such as trademarks, taglines, patents, text, graphics, editorial content, formatting and or designs, images, music, sounds, videos, and other content that Users see or read through the Workclick applications. The company owns and reserves the rights to all the intellectual property on the Workclick Platform and these materials are protected by domestic and international laws of copyright, patents. Therefore, Users may not be able to copy, redesign, download or use anything from the Workclick platform without Company’s prior written consent.
It is important to note that the service brand symbols and trademarks are owned by the Company and any other trademarks, service marks appearing via the Workclick Applications are the property of their respective owners and you may not be able to copy or use any of these marks, logos or trade names without the consent of the owner.
(22). Copyright Complaints and Copyright Agents
Violation of intellectual property right is an offence and the Company takes such crime seriously. Any notice of such claim should be reported to Workclick platform without any delay and such notice should spell out the following:
- Your names, address, telephone number and email address;
- a clear explanation of the original infringed work and other sources where the work could be found. Duplicate copy of the work may be attached;
- a clear explanation of the infringed work, and sources where the material you claim was infringed is located on the Workclick Applications and reasons for your concluding that there has been an infringement;
- a verification that you are the owner of the copy or its authorized agent via written statement on oath made before a notary public. This statement carries your signature as the copyright owner or its authorized agent.
(23). Confidential Information
You consent that all information shared on the content of Workclick platform for on the applications will not be made public. Workclick Inc. value all the information and materials shared on Workclick Platform and you attest that you shall not divulge such information without the prior written consent of Workclick. Users also consent to use all information available on Workclick platform for providing services obligated under this Agreement.
Users are to report any suspicious terms and circumstances that may amount to a breach of the Confidential Information and try to protect such confidential information from unauthorized use or disclosure. Users also consent to return any Confidential Information materials in their custody upon suspension or termination of their Agreement.
(24). Disclaimer of Warranties and Liabilities
You accept that Workclick Inc. will not be held responsible for reliability, timeliness, quality, suitability, availability, completeness or content of any work or service, information or materials provided or products requested through or in connection with the use of the Workclick Platform. The Company is not obligated to assert the accuracy and reliability of any content provided or any sites link through the Workclick platform.
Pursuant to the terms of this agreement, Workclick Inc. will not be responsible for the following:
- damage, injury or any circumstances arising from the use of the Workclick applications;
- mistakes, errors, or false information;
- any unauthorized access to the use of Workclick secure servers;
- Workclick will not be held responsible for any content posted by any user or third party for supervising any transaction.
- Neither Workclick nor its associates or licensors is liable for the conduct of User, whether online or offline. Thus, they are advised to exercise good judgment with caution dealing with each other.
Each consumer is solely responsible for selecting their service provider and Workclick does not warrant or guarantee any goods or services purchased by a consumer and neither does it recommend any particular service provider.
Users consent that Workclick, its associates, licensors, officers, directors, employees, privies, will not be held liable for any damage or claims, that may arise as a result of the inability of other User to provide their services efficiently.
Furthermore, you consent that Workclick shall not be held responsible for delay or failure in performance of any service and also as regards the quality or fitness of any services rendered via the Workclick applications. Users access and usage of Workclick applications is at their own risk. You absolve Workclick of any liabilities arising from access to and usage of the Workclick Platform.
User consent to indemnify and absolve Workclick, its licensors, directors, officers, employees, consultants, agents, attorneys and other representatives from any claims and costs (including arbitration or attorney fees), and other expenses that may arise as a result of:
(a) your access or inability to use the Workclick Applications;
(b) your breach of any part of this agreement;
(c) any allegation of infringement of materials submitted to the Workclick Applications;
(d) your activities in Other Account to which your Workclick Applications is linked;
(e) infringement on the rights of other Users or any third party;
(f) Workclicks use of your Content;
(g) misconduct or negligent.
It is imperative to understand that the Company may take up any defense of any subject matter subject to your indemnification and you also consent not to settle any dispute or claim without the notice or written consent of Workclick Inc.
Pursuant to the foregoing terms of this User Agreement on access and usage of the Workclick Platform, You consent as follows:
- that the Workclick Platform is without warranty
- that the Company will not be held responsible for provision and or execution of services on the Workclick Platform. However, Company provides Users Customers Satisfaction Cover, with the aim to ensure User satisfaction with the Workclick Platform which serves as a remedy and also to protect Workclick Users.
- you release Company not to be held responsible for any claims or dispute between Users.
- you indemnify Company from claims arising from use or inability to use the Workclick Platform or content.
- you will submit any claims or dispute against other User or Company to binding arbitration on an individual basis only.
- that Workclick Platform pledge to re-do any services not effectively carried out by Worker Partners at free cost.
- you will not to use any aggressive words on any User of Workclick Platform.
- you will not sue or arrest the Company or any other Users of Workclick Platform
- that all documents submitted to the Workclick Platform and other Users for verification and other purposes are accurate and genuine
- Company has the right to disqualify you from the platform for any misconduct.
- not to instruct the Company on what to do on any claims or dispute.
- that the Company will not be held liable as regards any claim on Workclick Platform.
- that the company does not perform employments services, or supervise and control any Worker Partners in any manner.
- that you agree to be accountable for the appraisal and approval of Worker Partners, to confirm their skills and qualification to render such services.
- that Workclick Inc. does not certify and guarantee all license, certification, and property submitted by Users.
Note: Worker Partners are not employees of company but independent contractors. Users are therefore advised that company does not render services nor employ an individual to do so and as such will not be held responsible for the supervision, control and monitoring of services rendered by worker partners. In the same vein, Company does not in any way act on behalf of Customers in the Workclick Platform and is therefore not liable for Customer actions.