GeT THE SHIFTS USER AGREEMENT
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE GET THE SHIFTS APPS.
1.2. The App and Service is provided by Get the Shifts Limited (Get the Shifts, us or we). We are a limited company registered in Ireland under company number 588215.
2. END-USER LICENCE APPLYING TO THE APP
2.2.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
2.2.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
2.2.3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of the Copyright and Related Rights Act 2000) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
a. is used only for the purpose of achieving inter-operability of the App with another software program;
b. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c. is not used to create any software that is substantially similar to the App;
2.2.4. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
2.2.5. to retain any copyright notices on all entire and partial copies you make of the App on any medium;
2.2.6. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
2.2.7. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
3. BECOMING A USER AND ACCESS TO THE SERVICE
3.1. In order to access the Service through the App as a registered user (a User), you must first register with Get the Shifts and complete any further checks made by us.
3.2. To become a User, you must first complete all of the required fields set out in the registration process accessed via the Service. You confirm to us that any registration information provided to us is complete, accurate and not misleading and that you will keep it up to date as it changes over time.
3.3. Users may register to access the Service in one of the following roles:
3.3.1. “Client”, an organisation seeking Workers to perform assignments; or
3.3.2. “Worker”, a person seeking temporary work for a Client assignment.
3.4. If you register as a Client, you will be asked to accept the terms of the Get the Shifts Client Agreement.
3.5. If you register as a Worker, you will be asked to accept the terms of the Get the Shifts Worker Agreement.
3.6. If you register a limited company, LLP or other incorporated entity as a Client, you confirm that you are duly authorised by the Client to access the Service and to bind the Client in that regard.
3.7. Once you have completed all of the required fields online, our acceptance of you as a User is subject to satisfactory completion of our internal checks, including a “right to work” check. The contract between us will only be formed when we confirm your registration as a User following completion of these checks. If we are unable to accept your registration request, we will inform you of this.
3.9. We reserve the right to deactivate any User accounts which have been inactive, or left incomplete for six months or more. Fake profiles are not permitted.
3.10. The Service is intended for use by Users in a business context only, and not for use for domestic or private purposes or otherwise as a consumer.
3.12. You are responsible for making all arrangements necessary for you to have access to the Service.
4. PROTECTION OF USER ACCOUNT AND PASSWORD
4.1. You must treat as confidential any User account logins, user identification codes, passwords or any other pieces of private information which may form part of our security procedures. You must not disclose them to any third party or authorise others to use your User account.
4.2. You may not transfer your User account to any other person or entity. If you know or suspect that anyone other than you has obtained your user identification code or password and/or has accessed your User account, you must immediately notify us using the “Contact Us” section of the platform and change your password.
4.3. You are responsible for the acts and omissions of any third parties who use your User identification code or password to access your User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
5. THE SERVICE
5.1. The Service consists of access to the Get the Shifts platform and associated services. The specific Get the Shifts functionality and the details of the associated services available will be as provided to you from time to time through the platform, and as described on our website. The functionality will vary depending on your User role.
6.1. Clients shall pay the fees in accordance with the Get the Shifts Client Agreement. Use of the Services is free of charge for Superstars, however there is an admin fee of €24.59 for training
6.2. The applicable fees will be paid by direct debit or such other payment method as is notified to you from time to time.
6.3. We reserve the right to suspend the provision of the Services in the event that applicable fees are not paid when due.
6.4. We reserve the right to change the fees at any time on one month’s written notice to you (including by email). If you do not wish to continue to be a User under the new fees, you may end it in accordance with clause 15.1.
8. SUBMITTED CONTENT
8.1. From time to time you and other Users will submit information and/or content to the Service, including when setting up your User profile on the Service, uploading information (including but not limited to information regarding assignments, client or worker ratings as applicable, and audio-visual content) while using the Service, and when using any communication, messaging, blogging or social media functionality that may form part of the Service from time to time (Submitted Content).
8.2. Your Submitted Content is solely your responsibility. In particular:
8.2.2. it is your responsibility to ensure that your Submitted Content is up to date and suitable for disclosure to other Users through the Service. You should not disclose confidential or otherwise sensitive information unless you are happy for it to be shared through the Service.
8.3. We will not control, verify or otherwise check Submitted Content and we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Service.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Whilst the User (or your relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in its Submitted Content, the User hereby:
9.1.3. agrees that Submitted Content may become part of a database and that we will own the rights in that database.
9.4. You are under no obligation to provide feedback, improvements or other suggestions (Feedback) that might improve the Service, however if you do so, you acknowledge that Get the Shifts is free to use such Feedback in any way and that Get the Shifts shall own any and all intellectual property rights subsisting in or arising in relation to such Feedback as it may be incorporated into the Service.
10. USE OF PLATFORM CONTENT
10.1. The Service provides (amongst other things) Users with access to other User profiles, content and assignment details (together Platform Content). Your access to Platform Content will depend on your User role.
10.2. Whilst we do our best to provide a reliable and accurate Service, you acknowledge and agree that, except as expressly set out in the Worker Agreement or the Client Agreement or as required by applicable law:
10.2.1. we make no guarantee that Platform Content is correct, complete, accurate or up-to-date and we take no liability in that regard;
10.2.2. Platform Content may be dependent on the quality and accuracy of source information available to us;
10.2.3. any use of or reliance by you on any Platform Content is entirely at your own risk, we take no responsibility for the consequences of such actions and in particular no guarantee is made by us that such actions will benefit you or your business in any way.
11. INTERACTION WITH OTHER USERS
11.1. Except as expressly set out in the Worker Agreement or the Client Agreement or as required by applicable law, you acknowledge that any interaction with other Users is entirely at your own risk and we take no responsibility for the consequences of such actions. All decisions and actions taken by you in connection with any such interaction are your responsibility and taken at your own risk.
12. LIMITATION OF OUR LIABILITY
12.2. We do not guarantee that the Service will always be available or that access to it will be uninterrupted.
12.3. Without prejudice to the terms of the Worker Agreement or the Client Agreement (as applicable), no representations, conditions, warranties or other assurances of any kind are given in respect of the Service and all statutory warranties and conditions are excluded to the fullest extent permissible by law. In particular Get the Shifts makes no guarantee that access to the Service will be uninterrupted or error-free or that the Service or other information obtained through the Service will meet your requirements. To the extent permissible by law, we will have no liability to you whatsoever in relation to the operation and receipt of the Service and you assume all risk of any use made of the Service. Access to the Service is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Service without notice. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.
12.4. We use reasonable endeavours to remove bugs or viruses but we do not guarantee that the App or the Service will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.
13. PROHIBITED USES OF THE SERVICE
13.1. You may use the Service only for lawful purposes. You may not use the Service:
13.1.1. in any way that breaches any applicable local, national or international law or regulation;
13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
13.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2. You also agree:
13.2.2. not to impersonate any other registered users; and
13.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same):
(i) the accounts of other Users;
(ii) any part of the Service or its security measures;
(iii) any equipment or network on which the Service is stored; or (iv) the App or any other software used in the provision of the Service.
14. CONTENT STANDARDS
14.1. These content standards apply to any and all Submitted Content (as defined in clause 8.1 above) submitted by you in your use of the Service.
14.2. You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any User Content as well as to its whole.
14.3. Submitted Content must:
14.3.1. be accurate (where it states facts);
14.3.2. be genuinely held (where it states opinions); and
14.3.3. comply with applicable law in Ireland and in any country from which it is posted.
14.4. Submitted Content must not:
14.4.1. (except as contemplated by the normal use of the Service) amount to advertising or offering for sale existing products, services or events including, without limitation, competitions, links to other websites or premium rate telephone numbers;
14.4.2. contain any material which is defamatory or inaccurate of any person;
14.4.3. contain any material which is obscene, offensive, hateful or inflammatory;
14.4.4. promote indecent or sexually explicit material;
14.4.5. promote violence;
14.4.6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.4.7. infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
14.4.8. contain video, audio photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
14.4.9. be likely to deceive any person;
14.4.10. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
14.4.11. advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other Users;
14.4.12. be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
14.4.13. be likely to harass, upset, embarrass, alarm or annoy any other person;
14.4.14. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
14.4.15. give the impression that they emanate from us, if this is not the case; or
14.4.16. disseminate or otherwise disclose another person’s personal information without his or her prior permission, or collect or solicit another person’s personal information for commercial or unlawful purposes.
15. CEASING TO BE A USER
15.1. You may cease to be a User at any time by notifying us using the relevant section of the Service. Your right to receive the Service will end immediately.
15.2.1. immediate, temporary or permanent withdrawal of any relevant User account and/or your right to use the Service;
15.2.2. immediate, temporary or permanent removal of any Submitted Content;
15.2.3. the issue of a warning to you;
15.2.4. legal action against the relevant party; and
15.2.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.3. In the event that we withdraw your User account permanently, this will be deemed to constitute a termination of any ongoing assignments in which the User is involved at that time.
15.4. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
15.5. If you cease being a User for any reason:
15.5.1. You must immediately cease using the Service;
15.5.2. You must immediately delete or remove the App from all Devices and destroy all copies of the App in your possession or control and (if requested by us) certify that you have done so;
15.5.3. We reserve the right to delete your user account, and any related content. Various employment law statutes specify an obligation on employers to keep certain employment related records and set out defined periods for which these employment records must be kept by an employer. These legal obligations are still in force and have not been affected by the introduction of GDPR. Therefore, the specific records provided for under the various employment law statutes will still be retained by Get the Shifts (notwithstanding that they contain personal data) and must be kept for the period specific in the relevant act.
16.3. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms relating to it.
16.4. We may update the Service from time to time, and may change the content and/or functionality provided through the Service at any time.
17. THIRD PARTY LINKS AND RESOURCES
17.1. Where the Service contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.
17.2. We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
17.3. You acknowledge that you are solely responsible for any links to external sites that you include in your User profile or otherwise provide to other Users through the Service.
18. THIRD PARTY RIGHTS
19. APPLICABLE LAW
20. TRADE MARKS
20.1. “Get the Shifts”, “Get the Shifts Ltd”, and the Get the Shifts logo are trade marks of Get the Shifts Limited. All our rights are reserved.
21. CONTACT US AND COMPLAINTS
21.1. To contact us, including with any comments or complaints regarding the Service, or if you are concerned that any content accessed through the Service breaches intellectual property or other rights, please contact our support line, use the “Contact Us” section of the App or email firstname.lastname@example.org..