WORKERS APP END-USER AGREEMENT
Welcome to Workers.app (the “App”) brought to You by Workers App Pty Ltd.
In this App End-User Licence Agreement (“EULA”), “You” and “Your” means You the person using or visiting the App, “Vendor” means Google, Inc. (“Google”) or Apple, Inc (“Apple”), and “App Store” means Google Play Store or Apple App Store.
By downloading, accessing, and/or using the App, You agree to be bound by this EULA and You acknowledge and agree that the Vendor is not a party to this EULA and that this EULA is concluded between You and Us only.
We may vary this EULA from time to time, however, if We do, we will notify You of any variations that are going to be made by Us reasonably in advance of the date on which such variations take effect. We will also invite You to accept Our new EULA. If You do not accept such variations, then You will no longer be able to access the App.
1.1 This App is owned and operated by Workers App Pty Ltd, a company incorporated in South Africa with registration number 2020/450582/07
1.2 If You would like to contact Us or make a complaint about anything contained in the App, please Contact Us using the following details:
2.1 There is currently no charge to download the App. We may stop offering the App free of charge at any time.
2.2 Subject to Your continued compliance with this EULA and the App Store Usage Rules (as set out in the Vendors App Store Terms of Service as amended from time to time), We hereby grant to You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the App on the device You used to download the App and on any other device registered to Your App Store account on which the App Store is available (each a “Device”). If You breach any provision of this EULA, this license will immediately terminate, and You must immediately cease use of the App.
2.3 You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the App. You are also responsible for ensuring that no person uses Your Device to access the App without Your permission. We will be entitled to assume that anyone who accesses the App using Your Device has Your permission to do so and You will be responsible for any charges, costs, or liabilities that may be incurred by any such persons whilst using Your Device.
2.4 If the App does not download to Your Device successfully, You should contact the Vendor as soon as possible using the “Report a Problem” link in the invoice that will be provided to You by the Vendor following the completion of the App’s download. The Vendor may, after investigating the reason for the App’s failure to download to Your Device successfully and determining that the reason for such failure is due to the App Store and not due to a breach by You of this EULA or the Store Terms of Service (as amended from time to time), provide You with a replacement download of the App if such failure can be resolved.
2.5 Except as expressly set out in this EULA or as permitted by any local law, You agree:
(a) not to copy the App or except where such copying is incidental to normal use of the App, of where it is necessary for the purpose of backup or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, other programs; and
(d) not to reverse engineer, decompile, disassemble or otherwise attempt to obtain the App’s source code.
3.1 You must:
(a) not provide false personal information when creating and maintaining Your App profile;
(b) not use the App in any improper or unlawful manner or in breach of any legislation or license that applies to You;
(c) not infringe our Intellectual Property Rights (as defined in clause 5.1 below) or those of any third party in relation to Your use of the App;
(d) not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to Your use of the App; and
(e) not use the App in a way that could damage, disable overburden, impair or compromise Our systems or security or interfere with other users.
3.2 You agree to comply with all reasonable instructions that We may give You regarding Your use of the App and if applicable, to comply fully with Our Rating Guidelines.
3.3 The following provisions will govern the relationship between You and Us. For the purposes of this Clause:
(a) You are engaged by Us to provide Your Services to a Hirer upon the terms and conditions set out in a Job Advert.
(b) The Services shall be provided on such times and days and at such locations as set out in a Job Advert.
(c) The arrangements outlined by this EULA will commence on the date that this EULA is entered into and shall terminate upon You giving to Us one day’s written notice, or alternatively, Us giving to You 30 days’ written notice. For the avoidance of doubt, You can stop using the App at any time if You so wish, subject to clause 3.3(d) below
(d) When a Job Advert is posted by a Hirer, should you wish to accept the Job Advert, You warrant and undertake that You have the relevant skill and capacity to be able to complete the Services as described in the terms and conditions of the Job Advert. Once You accept a Job Advert, it is a requirement that You complete the Services as described in the terms and conditions.
(e) You shall use Your reasonable skill and care in supplying the Services and You shall give due consideration to the Hirer’s needs and requirements.
(f) You will be paid a fee less 20% platform fee as specified in the Job Advert, which shall be payable by bank transfer 7 days from the end of the week in which you complete the work.
(g) You hereby warrant and represent that You will not be in breach of any contractual obligation binding upon You by entering into this EULA.
(h) Nothing in this EULA shall render You an employee, agent, or partner of Us and You shall not hold Yourself out as such.
(i) We shall be entitled to terminate this EULA with immediate effect and with no liability to make further payment to You if You have committed any acts of gross misconduct, gross negligence, or commit a serious breach or non-observance of any other provisions of this EULA.
(j) You warrant that You are entitled to carry out the Services in the Republic of South Africa and will notify Us immediately if You cease to become so entitled.
(k) Each Job Advert shall create a separate assignment between us and on the expiry of each Job Advert and payment therefore, our relationship will recommence under the terms of this EULA.
4.1 The App contains content from and links to various websites. This EULA will not apply to Your use of any website that You access via the App. Your use of any such website may be subject to additional terms and conditions, which We suggest You read carefully before proceeding.
4.2 Third party websites are in no way approved, vetted, checked, or endorsed by Us or by the Vendor and You agree that neither We nor the Vendor shall be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such websites. Links do not necessarily imply that We are or that the App is affiliated to or associated with such third-party websites. If You decide to visit any other website, You do so at Your own risk.
5.1 For the purposes of this EULA, “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs, and design rights, copyright (including such rights in computer software and databases), database rights, and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings, and computer programs.
5.2 All Intellectual Property Rights in and to the App and any and all features, content, materials and information made available via the App are owned by and shall remain owned by Us or Our licensors at all times.
5.3 This EULA is not intended to prevent You from recording in manual form any individual item of information from the App or disclosing any individual item of information from the App, free of charge, provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with this EULA.
6.1 We will exercise all reasonable skills and care in providing the App and that it corresponds with Our description and the information available on Our developer page on the App Store and that it is fit for purpose. However, We are not otherwise able to guarantee the availability of the App or the accuracy, completeness, currency, or reliability of any features, content, materials, or information on the App that derives from third parties (including any of Our licensors or third-party partners).
6.2 Except as expressly provided in this EULA, the App, and all features, content, materials, and information provided through it are otherwise provided on an “as is” basis without guarantee of any kind and any conditions, statements, and warranties (including any warranty of reliability, completeness, accuracy, or non-infringement) are excluded to the fullest amount permissible by law.
6.3 Without limiting the foregoing, We cannot guarantee and do not promise that the App and all features, content, materials, and information provided through it will meet Your requirements. Therefore, we advise You to check any features, content, materials, and/or information provided to You through the App as any reliance that You place on the accuracy, completeness, currency, or reliability of that information is at Your own risk.
6.4 Certain jurisdictions do not allow limitations on implied warranties. If You reside in such a jurisdiction, some or all of the above disclaimers may not apply to You, and You may have additional rights. The foregoing disclaimers apply to You to the fullest extent such disclaimers are permitted under the laws of the jurisdiction in which You are located.
6.5 You warrant to Us and the Vendor that:
(a) You are not located in a country that is subject to any embargo or that has been designated as a “terrorist supporting” country; and
(b) You are not listed on any list of prohibited or restricted parties.
7.1 Nothing in this EULA limits or excludes our liability for anything that cannot be excluded by applicable law.
7.2 Subject to clause 7.1, You agree that neither We nor the Vendor shall be liable for:
(a) Any direct loss, claim, or damage (save for as set out in this EULA);
(b) Any indirect loss, claim or damage, or any punitive, special, incidental, or consequential damages of any kind (including lost savings or loss or corruption of data); or
(c) Any loss of profit (whether direct or indirect), in each case whether based on contract, tort (including negligence), strict liability, or otherwise,
Which arises out of or is in any way connected with:
(i) Any failure or delay in the use of any component of the App (including any premium content) or any service including any unavailability of the App or the services irrespective of the duration of any period of unavailability; or
(ii) Any use of or reliance upon any feature, content, material, information, software, products, services, and related graphics obtained through the App,
in all cases even if We have been forewarned of the possibility of such loss or damage.
7.3 Without limiting the effect of clause 7.2, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your device or any other property when You are using the App unless such damage was caused through Our negligence. The downloading or other acquisition of any features, content, materials, or information made available via the App is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your device or loss of data that results from the downloading or acquisition of any such materials.
7.4 You agree to indemnify Us against any claims or legal proceedings that may arise through Your use of the App or from any breach of this EULA by You.
7.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
7.6 You acknowledge and agree that the Vendor has no obligation whatsoever to provide any maintenance and/or support services with respect to the App. Any maintenance and/or support queries should be addressed to Us using the contact details set out in clause 1.2.
7.7 We, and not the Vendor, shall be responsible to You for any failure of the App to comply with any product warranties relating to the App and which We are not permitted to exclude or disclaim because of applicable law. If the App fails to conform to any such warranty, You may notify the Vendor, and the Vendor will refund the purchase price for the App to You if any. Notwithstanding the foregoing, to the maximum extent permitted by applicable law, the Vendor will have no other warranty obligation whatsoever with respect to the App.
7.8 We, and not the Vendor, will be solely responsible for addressing any claims that You or any third party may have with respect to the App, or Your possession or use of the App, including, but not limited to any:
(a) product liability claim;
(b) Intellectual Property Rights claim brought against You by a third party;
(c) claim that the App fails to conform to any applicable legal or regulatory requirements;
(d) claim arising under consumer protection or similar legislation; and
(e) any employment, worker, and/or agency worker-related claims.
8.1 We may remove the App or cease providing any of the features, content, materials, information or services provided via the App at any time in Our absolute discretion for any reason whatsoever, including, but not limited to any breach of our Rules and/or the terms of this EULA.
8.2 You may uninstall the App from Your Device at any time, however, You agree to comply with the relevant notice provisions contained in Clause 3.3.
8.3 Neither Clause 8.1 nor Clause 8.2 will affect the accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.
10.1 Any failure or delay by Us to enforce any of Our rights under this EULA will not be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.
10.2 This EULA is not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to this EULA. Notwithstanding the foregoing, You acknowledge and agree that the Vendor (and each of its respective subsidiaries) is a third-party beneficiary of this EULA and therefore may enforce its respective rights under this EULA against You.
10.3 Nothing in this EULA is intended to or shall be deemed to, establish any partnership or joint venture between Us, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
10.4 If any Clause or part of a Clause of this EULA is or becomes invalid, illegal, or unenforceable, the remainder of this EULA shall remain valid and enforceable.
10.6 Subject to Clause 7.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into this EULA other than any remedy You may have for breach of the express terms of this EULA.
10.7 This EULA and any non-contractual obligations arising out of them shall be governed by and construed in accordance with South African law and the jurisdiction of South African courts.