TERMS OF SERVICE
- By using the GiGL Platform, you agree that you have read and agree to be bound by these “Terms of Service”. Have a careful peruse and contact us by email if you have any questions – firstname.lastname@example.org.
- To keep things simple we use definitions:
- App means the Company’s app;
- Company means GiGL Limited, its parent and/or subsidiary companies, founders, shareholders, directors, officers, agents, investors, subsidiaries, representatives, insurers, employees, successors and assigns;
- Employer(s) are those using the GiGL Platform to find GiGLers;
- GiGL – means Users using the GiGL Platform for 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);
- Job(s) are roles posted on the GiGL Platform by Employers to attract the best quality and most suitable GiGLers;
- GiGLer(s) are those using the GiGL Platform to find Jobs;
- Site means www.getgigl.com;
- Terms of Service are these terms which you are reading now; and
- User(s) means 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 contract or service agreementt between GiGLers and Employers. The GiGL Platform helps like-minded people meet to discuss the potential of working together. What Users do once they have met – whether through the GiGL Platform or offline – is to be agreed between Users. We strongly recommend entering into a suitable contract (but don’t take responsibility for facilitating this!).
- As a GiGLer, you must only apply and accept Jobs for which you have the required experience, expertise and/or competence. Whilst performing a Job, you 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 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 Job (including, but not limited to, necessary skills, qualifications, experience etc.) on the GiGL Platform. You must communicate information in a timely fashion 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.
- Sorry but we have to make this super 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 JOBS, VOLUME OF APPLICATIONS OR THE AVAILABILITY OR PERFORMANCE OF THE GiGL PLATFORM.
- And more! THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR GIGLERS OR EMPLOYERS, AND HAS NO LIABILITY (TO THE FULLEST EXTENT POSSIBLE) FOR ANYTHING USERS DO/NOT DO WHILST ENGAGED IN A JOB. WITHOUT EXCEPTION 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 (or authorized) User of your Account and responsible for maintaining the confidentiality of your password and other information;
- You are solely (or authorised to be) 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 enter into and comply with these Terms of Service with any other User (either as an individual 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 will perform any commitments you make in respect of a Job, including (but not limited to):
- having the required skills / equipment (which you will provide yourself) to perform the Job (as a GiGLer);
- having the legal right to work in the United Kingdom (and the required original paperwork or electronic verification to evidence this to an Employer’s satisfaction) as a GiGLer;
- providing the necessary oversight and fair compensation (as an Employer); and
- having the authority to advertise the Job for applications (as an employer).
- If you access the GiGL Platform on someone else’s behalf you represent that you have their authority to bind them to the Terms of Service and any commitments made to other Users. 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 email@example.com.
- The GiGL Platform uses information from Users to facilitate their connections with other Users and Jobs. So when we talk about “User-Generated Content”, that’s really saying any information or materials (such as a job description or video) you provide other Users through the GiGL Platform. It also includes anything you transmit in areas which can be seen by other Users or non-Users. This includes features such as the “invite to apply” (where Employers may see your User-Generated Content and invite you to apply for their roles).
- The power is yours! You are legally responsible for your 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 is done so with your consent. This means – it may be made public and can be posted in a publicly-accessible environment, and it may be used by other Users as a basis to contact you through the GiGL Platform or with information from the GiGL Platform. As always, if this doesn’t appeal to you just let us know by email to firstname.lastname@example.org.
- The Company has 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 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/or informing us in writing to email@example.com.
- We ask you to post videos, photos, audio recordings or other forms to showcase yourself (and your extraordinary talents or superb place to work) to other Users. We call these videos, recordings, photographs, voices and all other recordings whatsoever “Media”.
- By creating an Account and/or creating User-Generated Content you agree to waive any and all rights to the Media you provide and grant the Company and any of its chosen third parties 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;
- Allow access to your Media by trusted third parties for the purposes of enhancing your experience on the GiGL Platform (inlcuding other Users, such as Employers when using their “invite to apply” function on the GiGL Platform);
- Reproduce your Media (including for connecting you with other Users); and
- Use your Media in advertising and marketing campaigns, and/or for publicizing the awesomeness of the GiGL Platform and/or its Users 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/or 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.
- Any Feedback given (whether regarding the GiGL Platform, the Company, a Job or a User) 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 or about any User, and may remove it at its discretion. The Company has no obligation to investigate feedback posted but may do so at its discretion.
Chapter 2 – User’s Conduct
- The GiGL Platform is a forum for genuine GiGLers and Employers to meet. So if you aren’t genuinely seeking a Job or a GiGLer (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. It’s 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 Job;
- Impersonate another User;
- Repeatedly “spam” a Job (i.e. post or apply for 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;
- Download, share, screenshot, replicate, reproduce or use the User Generated Content or information provided by a User anywhere other than on the GiGL Platform;
- 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. Be a great GiGLer!
- 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!). The Parties are encouraged to contractually agree on a GiGLer’s status and make arrangements for payment (including national insurance contributions, holiday pay etc).
- Employers must ascertain the tax status of a GiGLer and satisfy themselves that this is the correct position before the Job commences. The Company has no liability for the status of a User.
- As GiGLer you must make your own tax declarations and contributions to tax, national insurance and any other compulsory payments, UNLESS YOU HAVE AGREED OTHERWISE WITH THE EMPLOYER.
- 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 downloadable App.
- So if you choose to download an App (and any updates we may publish from time to time), you obviously consent to it being on your device. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
- 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 (such as SMS and whatsapp) and other mobile-related notifications to perform and improve the GiGL Platform, help you connect with other Users and Jobs, provide you with information and updates. Standard charges may apply from your network provider. Other Users with a legitimate interest may also contact you using the information you provide (such as an Employer using their “Invite to Apply” feature).
- As a GiGLer we assume you are using the GiGL Platform because you’re searching for a Job. We sometimes see a Job posted we think you might like – so may communicate with you (and suggest you apply). Or we might let an Employer know that you are searching for Jobs in a certain field – and encourage them to contact you (through the App – including contacting you directly). If you don’t like this – and don’t want to receive recommendations or Employers who think you might be great with them – let us know at email@example.com.
- 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 gurus by mail to firstname.lastname@example.org.
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 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 carry-out (or facilitate) 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 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, trade secrets, how many sit-ups Christian does each day, 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.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send us may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Chapter 4 – 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 email@example.com;
- If we suspend or terminate your Account and/or use of the GiGL Platform we will not reimburse pre-payments (if any). 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) to the Company, Users or any third parties 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 5 – Waiver of Liability / Indemnities
- Please be aware:
- 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 of wages, benefits or other items associated with a Job must be addressed to the Employer directly;
- 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. Users should expressly agree this themselves.
- Each User is responsible for determining the Job and choosing a GiGLer / Employer. The Company does not warrant or guarantee any work performed, 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 Job (whether completed or not).
- The Company is not liable for any claims, demands, damages, expenses, losses or any kind whatsoever (“Liabilities”) that arise due to a User’s use of the GiGL Platform, and/or any 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 lower of GBP500 or the amount paid by that User to the Company during the previous 12 months..
- 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 Job. That’s a matter for the Users to agree and sort out between themselves.
- 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 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 (such as – those lovely companies which chase other companies for using what they claim are unlicensed images. If you post one of these and a chase ensures – you, the User, will be legally responsible and liable for it). Users are encouraged to have their own comprehensive insurance before using the GiGL Platform (and 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, and/or require that User to step-in the Company’s shoes as the Party liable, and/or pre-fund the Company on account (and on an ongoing basis) to indemnify against any costs (such as fines and legal fees), claims and other amounts it may incur.
- For all UK, EU and worldwide non-USA Users, any and all matters in relation to the GiGL Platform are subject exclusively to English law. All disputes are subject to the exclusive jurisdiction of the English High Court in London.
- If you’re a USA-based User, any and all matters in relation to the GiGL Platform are subject exclusively to English law, and any dispute shall be subject to the exclusive jurisdiction of the Courts of New York.
- 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 6 – 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 Court in the relevant jurisdiction within 1 month (28 calendar days) of it arising. 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 tuna 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 Job. Providers are exclusively responsible for advertising any special skills, licenses, superpowers etc. required for a Job, and vetting/checking a GiGLer for these. GiGLers must not apply for any 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 searching for a deeper meaning to life).
- 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.