Prologue – All Things Definitional
- Like most things in life, using our product comes with terms and conditions. We have tried to keep these as simple and to the point as possible. By using the gigl Platform, you agree that you have read and agree to be bound by these. Have a careful browse and if you have any questions contact us by email, to email@example.com.
- To keep things simple we use definitions:
- App means the Company’s app;
- Company means Gigl Limited, its parent companies, founders, shareholders, directors, officers, agents, investors, subsidiaries, representatives, insurers, employees, successors and assigns (sorry, our lawyers made us comprehensively outline this bit);
- Dispute Resolution – the process by which the Company will manage and adjudicate disagreements arising between the User;
- Employers are those using the gigl Platform to find Giglers;
- gigl – a new verb we have created (#Shakespearianinfluencers) meaning Users using the gigl Platform for Gig-Jobs;
- gigl Platform means the Site, the App and any communications given to or exchanged by you in any form whatsoever (including through the gigl messaging service);
- Gig-Jobs are roles posted on the gigl Platform by Employers to attract the best quality and most suitable Giglers – either part/full-time, or one-time roles;
- Gigler are those using the gigl Platform to find Gig-Jobs;
- Service Agreement is the separate agreement created by Users (and not the Company) when a Gig-Job is posted by an Employer and accepted by a Gigler. Users may include additional terms of service agreed between themselves (such as how the treat the employment status of a Gigler);
- Site means www.getgigl.com;
- Terms of Service are these terms which you are reading now; and
- Users is a swanky name for Giglers and/or Employers (natural or legal person!) together.
Contractual Relationship Between Employers and Giglers
- The Company does not enter into and is not a party to any contracts or Service Agreement between Giglers and Employers. The gigl Platform simply facilitates like-minded folk meeting one another to discuss the potential of working together.
- The gigl Platform is a platform for full/part-time Gig-Jobs, and “pure” Gig-Jobs (which are one-time roles).
- The clever bit: when an Employer engages a Gigler for a Gig-Job offered through the gigl Platform, the Users automatically form a legally-binding contract between themselves called a Service Agreement. The terms of the Service Agreement include these Terms of Service and any other terms the Users may agree between themselves. FOR FULL- AND PART-TIME GIG-JOBS WE STRONGLY RECOMMEND THAT YOU AGREE YOUR OWN CONTRACT OF EMPLOYMENT AS PART OF YOUR SERVICE AGREEMENT. We strongly recommend that you discuss any Service Agreement through the gigl Platform as any terms agreed outside shall not be admissible in a Dispute Resolution.
- As a Gigler, you must only apply and accept Gig-Jobs for which you (or a suitable substitute) have the required experience, expertise and/or competence. Whilst performing the Gig-Job, you (or your substitute) must act with the professionalism of a reasonable person performing a similar role in that industry and follow the reasonable instructions and directions of the Employer. You confirm that you (and your substitute) are responsible for your own tax, and will make the necessary declarations and payments to HMRC as an independent freelancer (unless you agree an alternative status with the Employer).
- As the Employer, you must provide full and proper details of the Gig-Job (including, but not limited to, necessary skills, qualifications, experience etc.) on the gigl Platform. You must communicate information in a timely fashion (through the gigl Platform) to the Gigler, advise them of any equipment, uniform etc they need to bring, and treat them with the same lawfulness and professionalism of a reasonable Employer of a similar role in that industry.
- Really important: the terms of the Service Agreement shall not expand the Company’s obligations in respect of the Users nor is the Company part of or responsible for the Service Agreement between Users.
- Sorry, but our lawyers told us to write this in shouty capitals so it’s totally clear: THE COMPANY IS NOT AN EMPLOYMENT AGENCY. IT DOES NOT EMPLOY USERS, PROVIDE STAFF OR CREATE ANY EMPLOYMENT RELATIONSHIP WHATSOEVER. IT DOES NOT PERFORM OR GUARANTEE GIG JOBS OR THE AVAILABILITY OR PERFORMANCE OF THE GIGL PLATFORM.
- (Sorry again, more shouty stuff): THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR GIGLERS AND HAS NO LIABILITY (TO THE FULLEST EXTENT POSSIBLE) FOR ANYTHING USERS DO/NOT DO WHILST ENGAGED IN A GIG-JOB RELATIONSHIP. UNLESS OTHERWISE EXPRESSLY AGREED USERS MUST MAKE THEIR OWN TAX PAYMENTS, DECLARATIONS, INSURANCE, PENSION ARRANGEMENTS AND CONTRIBUTIONS ETC. THE COMPANY HAS NO LIABILITY FOR THESE WHATSOEVER. THE COMPANY DOES NOT GUARANTEE THE LEGAL STATUS OF ANY GIGLER AND HAS NO LIABILITY TO EITHER THE GIGLER AND/OR EMPLOYER FOR ANY STATUS THEY ARE LATER DEEMED GIVEN, EITHER LEGALLY OR IN ACCORDANCE WITH TAX LAW.
Chapter 1 – Becoming a User
Creating an Account
- You need an account (Account) to become a User and access the gigl Platform.
- To create an Account you must be at least 16 years old.
- The Company may (at its discretion) vet Users before they create an Account. However, it isn’t obliged to do this and isn’t responsible for the accuracy or reliability of any verification performed. The Company may also refuse to create an Account at its absolute direction.
- With great power comes great responsibility because by creating an Account you warrant and agree that:
- You are the sole authorized User of your Account and responsible for maintaining the confidentiality of your password and other information;
- You are solely responsible for any and all activities which occur under your Account, whether they are performed with your consent or not;
- You have the right to agree these Terms of Service and Service Agreement with any other User (either for you or on behalf of a legal entity);
- You will respect the rights of other Users, including their privacy, intellectual property rights, confidential information etc.;
- You (or your substitute) will perform any commitments you make in respect of a Gig-Job, including (but not limited to):
- having the required skills / equipment (which you will provide yourself) to perform the Gig-Job (as a Gigler);
- having the legal right to work in the United Kingdom (and the required original paperwork to evidence this to an Employer’s satisfaction); and
- providing the necessary oversight and fair compensation (as an Employer).
- If you access the gigl Platform on someone else’s behalf (which we don’t allow or condone, but recognize people may do anyway), you represent that you have their authority to bind them to the Terms of Service. Also, you are jointly and severally liable for performance of any terms and for any obligations you incur to the Company or other Users whilst using their account.
- If you think that someone is accessing your Account without your consent you should change your password immediately and let us know by email to firstname.lastname@example.org.
- The gigl Platform uses information from Users to facilitate their connections with other Users and Gig-Jobs. So when we talk about “User-Generated Content”, that’s really a fancy way of saying any information or materials you provide to the Company, its corporate partners or other Users through the gigl Platform. It also includes anything you transmit in areas which can be seen by other Users or non-Users.
- The power is yours! You are legally responsible for your User-Generated Content. Whilst we may monitor and/or remove inappropriate or offensive User-Generated Content, the Company doesn’t create or develop any User-Generated Content so isn’t liable for any claims arising from it.
- Nor does the Company have any obligations or responsibilities to monitor or review any User-Generated Content. We are all grown-ups. Please gigl responsibly.
- Anything you put on the gigl Platform may be made public so expect your User-Generated Content to be posted in a publicly-accessible environment.
- We have the sole discretion to limit or remove any User-Generated Content on the gigl Platform.
- This is really important: you warrant that any User-Generated Content created by you will:
- Be true, accurate and complete;
- Not be fraudulent or illegal (or encourage illegal activities) or create liability;
- Not infringe any other User or party’s intellectual property rights whatsoever (such as, but not limited to, trademarks and copyright);
- Not violate any law, regulation or other rule;
- Not be a promotion, political campaigning or commercial messages (simply: spam);
- Not be defamatory, libelous, threatening and/or harassing;
- Not be obscene, bigoted, or deceptive;
- Not publish the private information of a third party (such as name, contact information, personal details etc.);
- Not contain any viruses, works, trojan horses etc.;
- Not represent that you are an employee of or contracted by the Company, nor that you are authorized to act on its behalf (you just can’t – only the Company can do this);
- Not impersonate any other User, person or entity;
- Not create (or purport to create) liability for the Company or its assets; and
- Be legal, reliable and appropriate.
- You grant the Company the right to use any User-Generated Content posted to the gigl Platform (as an Employer and/or Gigler) for marketing purposes, including applications made and Gig-Jobs posted. This is through the fancy form of an “non-exclusive, worldwide, perpetual, irrevocable, royalty-free, unrestricted” license you grant to the Company by becoming a User. You may withdraw this at any time by deleting your Account and the gigl Platform, and informing us in writing to email@example.com.
- We ask you to post videos or audios of yourselves to identify yourself (and your extraordinary Gig-Job talents) to other Users. Let’s call these videos, recordings, photographs, voices and all other recordings whatsoever “Media”.
- You agree to waive any and all rights to the Media you provide and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, unrestricted license to:
- Exhibit, distribute, display, transmit and broadcast your Media in any form and on any platform (including to third parties);
- Use likenesses of your Media on any platform;
- Reproduce your Media; and
- Use your Media in advertising and marketing campaigns, and/or for publicizing the awesomeness of the gigl Platform on any platform and by any means whatsoever.
- The Company is not liable to pay or remunerate you for using Media.
- By using the gigl Platform you waive any and all claims against the Company in relation to Media. This includes, but is not limited to, royalties, claims for defamation, invasion of privacy etc.
- If you wish to withdraw your Media you should delete your Account, delete the gigl Platform and advise us by email to firstname.lastname@example.org.
- Once deleted, your Media and User-Generated Content will not appear on the gigl Platform after a reasonable period but may remain in our system and backups for up to two (2) months.
- The gigl Platform requires User feedback to function optimally. Feedback must be full, fair and timely. Any feedback is of course your opinion only.
- The Company is not liable or responsible for any feedback on the gigl Platform. The Company has no obligation to investigate feedback posted but may do so at its discretion.
Chapter 2 – Being a Happy User
- The gigl Platform is a forum for genuine Giglers and Employers to meet. So if you aren’t genuinely seeking a Gig-Job (i.e. if you’re a journalist, a researcher or carrying out any form of investigation) you must tell us this before using the gigl Platform. We’ll probably welcome you with open arms but it’s only polite and important for our Users to know the gigl community is a legitimate one.
- Users must use the gigl Platform responsibly and for the purposes for which it was created.
- Whilst using the gigl Platform you mustn’t:
- Defame abuse, stalk, harass, threaten, intimidate, misrepresent, mislead or violate the rights or enjoyment of other Users and/or the Company;
- Do anything which does (or might) cause damage to the Company, third parties or other Users including, but not limited to, their reputation or commercial operations;
- Publish anything defamatory, derogatory, unlawful, obscene or offensive;
- Use it (or do anything) which is discriminatory and/or prohibited under law;
- Use it for any unauthorized purposes;
- Upload anything containing software or which violates the rights of other Users and the Company;
- Upload anything containing viruses, trojan horses, corrupted files or other similar injurious software or do anything which could damage, disable overburden or impair it;
- Post or upload anything for which you don’t have permission;
- Advertise or offer to sell goods or services for commercial purposes not relevant to a Gig-Job;
- Impersonate another User;
- Repeatedly “spam” a Gig-Job (i.e. post it repeatedly);
- Represent or suggest yourself to be an employee or member of the Company;
- Capture, hack or interfere with any aspect of the gigl Platform, or adapt, alter or use the gigl Platform for your personal or commercial use;
- Use the gigl Platform to solicit business for any purpose not related to the gigl Platform;
- Collect information (personal or otherwise) about Users or the Company;
- Use the gigl Platform in any false or misleading manner or to obtain confidential or commercially-sensitive information belonging to the Company;
- Attempt to circumvent the payment mechanism including, but not limited to, processing payments outside of the gigl Platform;
- Register under different usernames or identities if your account has been suspended, terminated or otherwise removed;
- Try and avoid or undermine any security measures or procedures we put in place; or
- Cause any damage whatsoever to any third parties.
In short, you must act with the professionalism of a reasonable User at all times and always in accordance with any legal or procedural requirements.
- You’re all grown up so capable of making sure the information you provide about yourselves is true, accurate and given in good faith. The Company isn’t responsible for any false, misleading or untrue statements made by Users.
- Nor is the Company responsible for Users’ conduct, acts or omissions. As an Employer you must carry out right-to-work checks on your chosen Gigler. The Company has no liability for anything you do (or don’t do!). Regarding full and part-time Gig-Jobs the Parties should agree on a Gigler’s status and make arrangements for payment (including national insurance contributions, holiday pay etc) in their Service Agreement through the Gigl-Platform.
- In respect of one-time short-term gig-jobs we think that Giglers are independent freelance contractors. But we cannot guarantee this and have no liability if they are found to be workers and/or employees for legal and tax purposes. Employers must ascertain the tax status of a Gigler and satisfy themselves that this is the correct position (https://www.tax.service.gov.uk/check-employment-status-for-tax/about-you) before the Gig commences.
- Users however may agree that Giglers should be treated as workers (or even employees) – if this is the case you should expressly agree this in your Service Agreement through the Gigl-Platform.
- As Gigler you you must make your own tax declarations and contributions to tax, national insurance and any other compulsory payments, UNLESS YOU HAVE AGREED OTHERWISE IN YOUR SERVICE AGREEMENT. Neither the Company nor the Employer will have any liability if you do not do this.
- Users do not have the authority to enter into contracts for and on behalf of the Company, or bind the Company. Only we can do that!
Chapter 3 – Fancy Technology
Using the gigl Platform and App
- We like to think we’re relatively progressive because through a unique blend of alchemy and sorcery we’ve turned the gigl Platform into a downloadable App on the world wide web.
- So if you choose to download the App (and any updates we may publish from time to time), you obviously consent to it being on your device.
- It’s good to talk so by giving us your mobile phone number you authorize us to contact you by telephone, text message, instant messaging services and other mobile-related notifications to perform and improve the gigl Platform, help you connect with other Users and Gig-Jobs, provide you with information and updates. Standard charges may apply from your network provider.
- It’s a free world so you can delete your Account and uninstall the gigl Platform at any time. If you need a hand just ask our guru by mail to email@example.com.
Links to Third-Party Websites
- The gigl Platform may contain links to third-party websites, or we may use the services of third-party providers. We don’t endorse any of their content or services.
- To be crystal clear, we aren’t in any way responsible for the accuracy, availability, conduct or content of any third-party websites or services and cannot therefore be held liable.
- By using the gigl Platform you agree to the use of these third-party websites and services. You should read any terms and conditions which they may have.
Intellectual Property Rights
- We put a lot of hard work into creating the gigl Platform for you so we need to make sure that our intellectual property rights in it are protected.
- So anything you see, hear or interact with on the gigl Platform (text, graphics, content, data, formatting, designs, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logs, types faces…the list goes on) is owned by the Company. Let’s call this Company’s Property. This obviously excludes User-Generated Content (remember you have granted us a license to use this).
- The Company owns all Company’s Property. Users (and third-parties) must not copy, download, use, redesign, reconfigure or retransmit any of this without the Company’s explicit written consent.
- You mustn’t do any data-mining, use robots or other similar data-gathering and extraction methods, download or reverse engineer any of the Company’s Property.
- You cannot use or copy any of the service marks, trademarks, logos or trade names used by the Company on the gigl Platform without our express written consent.
- We’re happy for you to hyperlink the gigl Platform to your websites or apps, but only to websites and/or apps which comply with the above Terms of Service. However, you can’t frame (or use framing techniques) to enclose any of the Company Property.
- We call Confidential Information all the Company’s trade secrets, confidential and proprietary information, and all other information and data of the Company and the gigl Platform which isn’t generally known to the public or other third-parties, and from which – if placed in the wrong hands (cue dramatic orchestral music…) value or economic benefit could be derived from its use or disclosure.
- Confidential Information is a moving target and includes, but isn’t limited to, technical data, know-how, research, product plans, product services, customers, markets, software, developments, inventions, processes, how many sugars Dan takes in his tea, formulas, technology, designs, drawings, engineering, hardware and software configuration information, marketing, finances, strategic and other proprietary and confidential information relating to the Company and/or the gigl Platform and business, operations or properties. It certainly includes information about the Company’s staff, Users and partners, and any other business information disclosed directly or indirectly.
- Just relax for this paragraph. The last one was quite a read!
Chapter 4 – Money Makes the World Goes Round
- To make the payment magic happen, the Company uses the services of a third-party payment provider (Provider).
- The Provider will hold the monies and make payment-out upon receipt of instructions from the Company, acting as agent for the Gigler.
- Title to any funds do not pass to you until a payment-out is actually made. There may be circumstances when we need to ask the Provider not to make payment (although they are under no obligation to follow this) and we are not liable for this.
- As an Employer your payment contract is with the Provider. As the Gigler your payment contract is with the Employer. In the event that something goes wrong with payment, you need to refer to your Service Agreement to establish where responsibility lies. The Company may assist the Parties resolving any issue however, ultimately, it isn’t liable for non-payment of the correct amount or at all.
- Again, as the Company is not a party to any contract between the Employer and the Gigler, the Users themselves are responsible for paying any relevant taxes and contributions.
- The Provider’s Terms and Conditions are incorporated into these Terms of Service. You should read these carefully.
- Any claim a User has for overpayment/non-payment is against the Provider and/or the User. Not against the Company. If you feel that payment should have been made but hasn’t, you should contact the Provider and/or Employer attaching evidence of the payment release instruction from the gigl Platform, e.g. a screenshot.
- Life lesson: your Service Agreement incorporates these Terms of Service but if there is anything specific to the Gig-Job or the User you should discuss these (and agree these in writing through the gigl Platform) with the other User as soon as possible and before starting any Gig-Job.
- A Gigler is free to substitute themselves for a suitably-qualified replacement to perform the Gig-Job agreed with the Employer. However:
- The original Gigler is responsible for ensuring the substitute is of the same (if not better) quality than the Employer accepted for the original role;
- The original Gigler must ensure that the substitute has the correct equipment, training, understanding etc. to perform the Gig-Job;
- The Employer will communicate with the Gigler through the App, so the original Gigler must ensure that the substitute communicates through his/her Account;
- Payment shall be made to the original Gigler who is then responsible for making payment to the substitute and ensuring that the necessary declarations, deductions and payment are made; and
- Any complaint about the substitute shall be the responsibility of the original Gigler – and feedback on the substitute shall be attributed to the original Gigler.
- Where possible this should be notified to the Employer in advance through the Gigl messaging service.
- Giglers are not obliged to apply for any Gig-Job posted on the Platform. There shall be no punishment for not using the Platform – Giglers simply apply for a job they believe fits their skill-set as and when the right opportunity is advertised. Nor are Employers obliged to accept any Gigler who applies for the post.
Chapter 5 – The End is Nigh
Termination and Suspension
- From time-to-time human beings (and companies) can be naughty creatures. We need to make sure we have the right tools at our disposal to protect all Users. So:
- We can suspend and/or terminate your Account and/or use of the gigl Platform at any time, at our sole discretion and without notice. We might do this if we suspect or are aware of a breach by you of these Terms of Service;
- If we do suspend or terminate your Account and/or use of the gigl Platform you are not allowed to register or use it again (as a new User or using an existing User’s details, even with their consent) until you have our explicit permission in writing. To request our permission you can email firstname.lastname@example.org;
- If we suspend or terminate your Account and/or use of the gigl Platform we will not order the refund any money you have pre-paid or are due. Avoid this easily by playing by the rules of these Terms of Service!
- Even if we suspend or terminate you use of the gigl Platform, these Terms of Service (including the accrued rights and obligations) remain in full force and effect.
- This works both ways. Subject to the above, you can terminate your obligations under these Terms of Service by deleting your Account and the gigl Platform. Obviously any rights or obligations you incur until this point (and even beyond) will remain in full force and effect.
- We know that you will love and cherish the gigl Platform. However, from time-to-time we may have to suspend it to modify or discontinue all or part of it, either temporarily or permanently. We bear no liability for this.
Chapter 6 – #sorrynotsorry
Waiver of Liability / Indemnities
- The serious bits:
- The Company does not expressly or implied make any warranty, guarantee, endorsement or representation about the accuracy or completeness of the content on the gigl Platform or any third-party websites. We accept no responsibility for any errors, mistakes or inaccuracies;
- We don’t have any responsibility or liability arising from you use of the servers and any information whatsoever held there;
- Any issues with payment should be addressed to the Provider;
- We don’t guarantee that the gigl Platform will be uninterrupted or error-free. Nor do we guarantee that it is free from viruses etc.;
- The Company has no responsibility for the acts, omissions, negligence or misconduct of any User;
- Despite our best efforts there may be circumstances when the App or the gigl Platform doesn’t work. We will try to fix it as soon as possible and keep you updated. But we can’t be held liable for any consequences.
- The Company simply facilitates contact between Users. It therefore doesn’t have any liability for claims which may arise between Users. Nor does it guarantee the legal status of any User. If in doubt Users must expressly agree this themselves.
- Each User is responsible for determining the Gig-Job and choosing a Gigler / Employer. The Company does not warrant or guarantee any work performed, Gig-Job offered or the skills/ability/supervision etc. of the gigl Platform, any Gigler or Employer. Nor does it have any responsibility for any taxes and/or contributions owing or due to the Gigler or the Employer.
- To the extent possible under law, we have no responsibility or liability for fraud, loss, damage, death or personal injury resulting from your use of the gigl Platform or its content, or any Gig-Job (whether completed or not).
- The Company is not liable for any claims, demands, damages, expenses, losses or any kind whatsoever (let’s call them Liabilities) that arise due to a User’s use of the gigl Platform, and/or any Gig-Job. You use the gigl Platform entirely at your own risk.
- In the unlikely event that we are liable, we shall only be liable for direct damages (and not consequential, exemplary, loss of profits etc. – even if you tell us in advance) of any claims, be it in contract, tort, strict-liability or otherwise. Our pockets aren’t bottomless so the maximum amount we will have to pay any User in aggregate for any claim is limited to the lowest of the total you paid or were paid through the gigl Platform for that particular Gig-Job, or in the 30 days immediately before the claim event occurred, or GBP500.
- Users release the Company from any and all claims, expenses, liabilities etc. arising between Users. To give an example, a Gigler cannot sue the Company if they think that the Employer should pay them more for the Gig-Job. That’s a matter for the Users to sort out between themselves under their separate Service Terms in their Service Agreement.
- Users will indemnify on demand and hold the Company harmless against any liabilities (and additional costs and losses, such as lawyers’ fees, costs, penalties, interest etc.) arising from the gigl Platform including a User’s ability to use the gigl Platform, suitability for giving or undertaking a Gig-Job, a User’s breach of these Terms of Service (or any governing law or regulation), a liability (such as tax or national insurance payments) owing to or claimed by a third Party, or any content a User publishes on the gigl Platform. Users must have their own comprehensive insurance before partaking in any Gig-Job (a d provide evidence of this to the Company promptly upon written request).
- If we do require Users to indemnify us we have the right to take control of any action faced by a User.
- Whilst we expect that the majority of Users will have an amazing experience with us there may be occasions when a User needs further clarification or support.
- A Dispute is a disagreement arising between Users and related to the use of the gigl Platform.
- We understand that people don’t like waiting so (within the realms of possibility and subject to the Users cooperating) we will try and resolve Disputes between the Users within 24 hours of this Dispute Resolution Process being initiated. Our decision (such as making payment instructions, removing User Generated Content etc.) will be actioned as soon as reasonably possible once the decision has been made.
- A Dispute shall be resolved by the below-described Dispute Resolution Process:
- A User (or the Company) can notify the Company (or other User) of a Dispute by email to email@example.com (an “Opening Dispute” alleged by a “Dispute Maker”). An Opening Dispute should contain as much information as possible about the Dispute. You should also attach (where appropriate) documents, correspondence etc.
- The Company will review the Opening Dispute and has absolute discretion to continue or reject any Opening Dispute. Opening Disputes which are frivolous, lacking in information, written in comic sans etc. may be rejected (and the Dispute Resolution Process ended).
- The Company will notify the receiving User (the “Dispute Taker”) of the Opening Dispute. Depending on the severity of the alleged Dispute, the Company may suspend a User’s Account and/or access to the gigl Platform of any User (with no liability whatsoever) whilst the Dispute Resolution Process is underway, and/or withhold passing-on payment instructions. If required, it may unilaterally change (including delete) any User-Generated Content whilst the Dispute Resolution Process is ongoing.
- The Company may invite the Dispute Taker to respond to the Opening Dispute in writing. Again, as much information and detail as possible should be provided.
- The Company may (at its absolute direction) impose time and pages/word-count deadlines on the Dispute Maker and the Dispute Taker. If necessary (and at its sole discretion), it may ask the Dispute Maker to respond to the Dispute Taker.
- Once the Dispute Taker has responded, or where the Company (in its absolute discretion) believes that no response will be received, it is insufficient or lacking in content, or any deadlines imposed by the Company have expired, the Company will make a final and binding decision (a “Final Decision”). It may impose any sanction it deems appropriate, including (but not limited to) requiring the removal and/or amending of User-Generated Content, suspension or termination of an Account and/or access to the gigl Platform, or adjustment to a User’s rating. There shall be no right of appeal within the gigl Platform or externally from a Final Decision and any sanctions imposed.
- When adjudicating the Dispute Resolution Process, the Company will act fairly and in the spirit of the gigl Platform, and with regards to all relevant circumstances. It may (at its discretion) produce reasons for its Final Decision, but it is not obliged to do so.
- Only information and correspondence on the gigl Platform is admissible for the purposes of the Dispute Resolution Process. So we strongly encourage you to agree any Service Terms (if any) in this forum. And to record promptly (on the gigl Platform) any issues which arise during the Gig-Job.
- We all want to be terribly British and awkwardly shake hands and move on. So the Company will try and determine any Dispute within 24 hours. For this it depends upon the cooperation of Users, so has the absolute right to impose deadlines at any stage of the Dispute Resolution Process.
- Any and all matters in relation to the gigl Platform are subject exclusively to English law. If the dispute resolution process (below) isn’t successful we’ll see you (exclusively) in the English High Court in London.
- We hope it doesn’t come to this but each party will provide the contact details of a firm of England-based solicitors (who documents can be formally served upon) upon demand.
- You won’t commence any class action, arbitration or other representative action or proceedings against the Company.
Chapter 7 – Boring (but necessary) Legal Bits
- If the Company doesn’t enforce any right it has under these Terms of Service it does not lose this right (“waive”) – it can call upon it at any time. And any claim by a User against the Company must be formally commenced at the High Court within 1 month of it arising (or the User becoming aware of it, or should have reasonably become aware of it). Otherwise it shall be irrevocably time-barred.
- These Terms of Service contain the entire agreement between the Company and Users, and replace any previous terms or agreements made.
- Although these Terms of Service are (legally-speaking) as watertight as a duck in a wetsuit, in the unlikely event that any part is found to be invalid or unenforceable, the rest of the waterproof duck / Terms of Service will remain in full force and effect.
- These Terms of Service are meant to be accessible and easily readable, with a hint of humor so where possible they should be read together and if any part is conflicting or unenforceable the rest shall be modified accordingly, without any effect on the validity or enforceability of any remaining provisions.
- The Company can transfer (posh legal term – “assign”) any rights or liabilities it has or may have under these Terms of Service at any time, without consent. Users must ask us in writing for our consent if they want to assign any rights or liabilities.
- Users are exclusively responsible for obtaining any rights, licenses, permits, skills etc. required for any Gig-Job. Providers are exclusively responsible for advertising any special skills, licenses, superpowers etc. required for a Gig-Job, and vetting/checking a Gigler for these. Giglers must not apply for any Gig-Job for which they are not competent or permitted to perform.
- We work 25 hours a day, 8 days a week and regularly drink our own bodyweight in organic green tea to give you the best experience. So we need to be able to amend the Terms of Service at any time and modify/suspend/discontinue the gigl Platform at any time. If we do this, any changes become effective immediately, retroactively and without any liability to the Company.
- No third-party will benefit from or be able to enforce these terms (read the Contracts (Rights of Third Parties) Act 1999 if you’re struggling to sleep).
- You should read these Terms of Service every time you use the gigl Platform. Like us, you’ll grow to love them. If there’s anything here you don’t agree with, you must stop using the gigl Platform immediately.
- You agree that we can give and receive agreements, notices and any other communications electronically, including posting these on the gigl Platform. They become immediately enforceable.
- Any notices the Company or Users give must be in writing and will be effective upon proof of receipt. Any notices the above Terms of Service require Users to give must be sent by email to firstname.lastname@example.org.
- If you have any questions about these Terms of Service, or just want to congratulate us on making something long and legal actually vaguely understandable, please email us at email@example.com.
- The Company prides itself on fair, transparent and good ethics. Like most we find any form of slavery and extortion horrible and totally unacceptable. Users will not subject any other User to any form of slavery whatsoever and report any suspicious activities to the Company immediately by email to firstname.lastname@example.org.
- The Company takes a zero-tolerance approach to bribery and corruption. All Users and the Company agree to gigl fairly, ethically and professionally. Users warrant that they will do the same, in compliance with the Bribery Act 2010 and/or any other relevant legislation in force.
Smiley Final Clause
- Feedback makes the world go round. The platform is essentially built for the enjoyment of the Users. We’ll get it right. We’ll get it wrong. We genuinely want to learn and value your no-holds-barred feedback. Either write to us snail mail style to our registered address or by email to email@example.com and share your thoughts on these Terms of Service, the gigl Platform or any musings you have about life in general. We look forward to hearing from you. Obviously if you contact us you implicitly give us the right to use, publish and act upon these.
GO FORTH AND HAVE A GIGL!