Last Updated: Feb 27, 2020
Terms and conditions
These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer (“Liveworks”, “Liveworks Platform”, “us”, “we” or “our”) and you (“User”, “Worker”, “Business”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Liveworks mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
1. The Liveworks Platform
The Liveworks Platform provides a service for people who seek employment in the nightlife industry in “Bartending”, “Bottle Service”, “Security” and other positions, referred to in the platform as “Users” by connecting them with the available shifts in the schedule provided by the nightlife establishments referred to as “Business”. Users may apply for these available shifts and upon mutual acceptance they will enter into agreement with the establishment to work this shift for the time and date it was posted for. This is a voluntary service, Liveworks does not schedule, encourage, pressure, or find these shifts for users. The Establishment “Business” is in charge for paying these “Users” once they enter into agreement for this service, Liveworks provides the platform into which payments are processed but it is not in charge of paying for any outstanding amounts that users are due to collect for the services they have provided to the Establishments. You the user upon sign up to the Liveworks platform acknowledge that you are not a direct employee to the business of which shifts you take and are instead an independent contractor
2. Modification to the Agreement
Liveworks holds the right to provide modifications to this agreement at any moment and shall notify the platform “users” and “Business” upon modification. In the Event of modification to this agreement, Such modifications shall be binding on you only upon your acceptance of the modified agreement. You hold the right to not accept these modifications and opt out of using our service at any moment. Continued use of the Liveworks platform upon changes to this agreement shall constitute your consent to such changes.
The Liveworks platform may only be used by individuals who can form legally binding contracts under applicable law. The Liveworks platform is not available to children (persons under the age of 18) or users who have had their account temporarily or permanently removed from the platform. By becoming a User, you represent and warrant that you are at least 18 years of age and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this agreement. Users must provide proof of Valid ID to prove their age, a Valid certificate (Proserve in Canada) to serve alcohol in the State/Country that they reside and are applying for shifts in, and a resume to prove experience required to enter this industry. Liveworks is responsible for ensuring that such certificates are up to date and that photo ID’s prove the user is over the age of 18. You may not allow other persons to use your user account, and you agree that you are the sole authorized user of your account.
4. Mutual shift Agreement
The Liveworks platform allows for users and business to enter into a mutual agreement as to which shifts the user may or may not want to work. Users apply for shifts posted by businesses, the business holds the right to accept or decline your application. If the business decides to accept a users invitation this does not confirm the user will be working this shift. The user will then receive a notification in the platform letting them know that the business has accepted their application and must now confirm if indeed they will be working this shift or not. Once the user has confirmed the shift they will now have entered into mutual agreement for this shift. The business may not remove the user from this shift or schedule another user. The user may not take another shift that interferes with your ability to work the agreed shift, as an agreement between you the user and the business has been made. You the user are expected to work this shift no matter what as you have voluntarily entered into an agreement with the business.
Check In: It is the user’s responsibility to approach the business representative when they have attended the business to begin working their shift. The user holds the right to refuse commencing work unless they have been clocked-In by the business representative. The business is responsible for clocking users in at the starting time of their shifts. Once users have been clocked-In the business has the obligation to provide payment for these clocked-In shifts to the user through the Liveworks schedules payment system.
Missed Shift: If you the ‘user’ misses a shift that they have scheduled and have entered into an agreement with a business for any reason the Liveworks team will be notified of such action and has the right to remove and deny the user from current or future use of the Liveworks platform temporarily or permanently.
5. Shift Cancelation Policy
The user holds the right to cancel any shift they have entered into an agreement with a business 24 hours prior to the starting time of the shift. The business will be notified of the cancelled shift and will have the opportunity to invite other users to take on that shift. Users may not cancel shifts 24 hours before the shift starting time, at this moment the user is obligated by this agreement to attend, get checked in and work the shift from starting to ending time. Failure to do so will result in full termination and deactivation of the users account temporarily or permanently.
6. Rates Policy
Liveworks does not set the rates for shifts available in the platform. Businesses hold the right to set their own rates for the shifts they are offering on the Liveworks platform. Rates per shift are easily displayed in the app so that you the worker know what they are and can voluntarily apply to work these shifts at the rates set forth by the business. Upon application and acceptance of a shift you the worker has accepted these set rates by the business and these rates will not be disputed. As an independent contractor in the Liveworks app and continued use of the platform you the worker understand that minimum wage law does not apply and businesses have the right to determine and establish their own hourly rates that you the worker can agree to through the acceptance of a shift in the platform.
7. Business Charges
As a business, you understand that request or use of the Services will result in charges to you to pay the user. Charges include hourly rate set forth by you the business for the number of hours to which you have schedules a shift for. Hourly rates are set by businesses, as you the business clock-In users into their shifts, These amounts will be added up as a pending balance that the business decides when to pay the worker, businesses have the obligation to provide payment to the users that you have clocked-In to their shifts through the Liveworks platform. Failure to provide payment for outstanding amounts may result in termination of your account in the platform and you are legally obliged to resolve all disputed missed payments to users in the Liveworks app. As a business you have the right to know your next payment amount and when and to who it is due.
Transaction Fee: All charges are facilitated through a third-party payment service (e.g Stripe, Inc.) Every payment made to a worker has a stripe fee of 0.30 cents per transaction plus a 0.30 cents Liveworks Transaction fee.
Facilitation of Payments: All charges are facilitated through a third-party payment processing service (e.g Stripe, Inc.) Liveworks may replace it’s third-party processing services without notice to you. Cash payments are strictly prohibited. Your payment of charges to Liveworks satisfies your payment obligation for your use of the Liveworks platform and Services.
Payment Methods: You the business will pay for shifts to users using your prefered payment method in the app, credit card or bank account. Liveworks may seek authorization of your selected payment method to verify the payment method, ensure the owed balance amount is covered, and protect against unauthorized behaviour.
8. User Payments
If you are a Worker, you will receive payment from the business for your provision of services (shifts). Hourly rates for shifts are set by the business, you may voluntarily work these shifts or not. Upon completion of a shift the hourly rates balance will be added to your account and be paid for by the business whose shifts you’ve worker. Your current balance will be displayed in the Liveworks platform however it will not be immediately available to be transferred into your personal bank account. Liveworks works with third party processing payments platforms that facilitate these balances to be deposited into your personal bank account, the time it takes for a payment to be deposited into your bank account depends on our third party processor, and the country you are in. Cash payments are strictly prohibited.
Transaction Fees: All payments are facilitated through a third-party payment processing service (e.g Stripe, Inc.) Every funds deposit to your personal bank account will have a stripe transaction fee of 0.30 cents plus a 0.30 Liveworks transaction fee.
9. Your User and Business Information
10. Worker Representations, Warranties and Agreements
By providing Services as a worker in the Liveworks platform, you represent, warranty and agree that:
a. You are over the age of 18 and are eligible to work in the city and country from which you are signing up to the Liveworks platform from, verification by the Liveworks platform will be required before using the Liveworks platform services;
b. You possess the proper requirements and certificates to work in the liquor industry required for your position in the city and country from which you wish to work from (E.g Proserve, protect in the province of Alberta Canada);
c. You will not engage in reckless behaviour while working a shift in a business establishment;
d. You will follow all instructions and regulations stated in your jurisdiction certificates with regards to the serving of alcohol to the public while working your shifts at a business establishment;
e. Only you are eligible for confirming shifts, working shifts, and receiving payments for worked shifts. You will not permit an unauthorized third party to confirm your shifts, work your shifts and receive payments for your shifts;
f. In the event that you need to cancel your shifts you warranty that the venue will have a minimum of 24 hours notice, failure to notify the venue within 24 hours may result in the termination and ban of your use in the Liveworks platform;
g. You will not receive any cash payments for worked shifts through the Liveworks platform;
h. You will not make any misrepresentation regarding the Liveworks platform, the services or your status as a worker;
i. You will not attempt to defraud Liveworks, other workers or businesses on the Liveworks platform. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments in question and may terminate your use of the Liveworks platform;
j. You agree that we may obtain information about you, including your provided Photos of certificates for authentication, Valid photo ID, and in some cases criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the agreement.
k. You will file and pay all applicable federal, state and local taxes based on your provision of services and any payments received by you.
11. Business Representations, Warranties and Agreements
By signing up as a business in the Liveworks platform you represent, warranty and agree that:
a. You are a legitimate business with the proper licenses and paperwork to operate in the jurisdiction from which you are signing up to the Liveworks platform from;
b. You agree that your Business Representative in the Liveworks app is acting in your businesses behalf and is responsible for your business’s behaviour and the handling of the Liveworks Platform and that this person may be contacted with any matter regarding your business;
c. Only Your Business Representative in the app or any other management staff officially approved by the business is responsible for accepting and inviting users to shifts in the Liveworks Platform;
d. You will not make any misrepresentation regarding the Liveworks platform, the services or your status as a business;
e. You will not aim to impersonate or use any other legitimate businesses name, service or product;
f. All workers in the Liveworks Platform and that are going to work in your venues shifts are to be treated with respect, and provided with a safe and healthy work environment;
g. You will not make any cash payments for worked shifts through the Liveworks platform;
h. You will not attempt to defraud Liveworks, other workers or businesses on the Liveworks platform. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments in question and may terminate your use of the Liveworks platform;
i. You agree that we may obtain information about your business, including your legal business name or number, incorporator, billing address, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the agreement.
12. Restricted Activities
With respect to your use of the Liveworks platform and your participation in the services, you agree that you will not:
a. Impersonate any person or entity;
b. Interact with the Liveworks platform in a manner which is false, inaccurate, misleading, (directly, or by omission, or failure to update information), defamatory, libeous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or illegal;
c. Violate any law, statute, rule, permit, ordinance, or regulation;
d. Stalk, threaten, or otherwise harass any person, carry any weapons and conduct illegal activity in any establishment;
e. Transfer or sell your user or business account information, password, and/or identification to any other member of the Liveworks Platform;
f. Interfere with or disrupt the services or the Liveworks platform or the servers or networks connected to the Liveworks Platform;
g. Use the Liveworks platform in any way that infringes any third party’s rights, including but not limited to; intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
h. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Liveworks Platform;
i. “Frame” or “mirror” any part of the Liveworks Platform, without prior consent or authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
j. Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Liveworks Platform or any software used on or for the Liveworks Platform;
13. Intellectual Property
All intellectual property rights in the Liveworks Platform are owned by Liveworks Absolutely in their entirety. These rights include and are not limited to database rights, copyright, design (registered or unregistered), trademarks, (registered or unregistered) and other similar rights wherever existing with the right to apply for protection of the same. All other Trademarks, Logos, Service Marks, Company or product names set forth in the Liveworks platform are the property of their respective owners. You acknowledge and agree that any IP provided by you to the Liveworks Platform are non-confidential and shall become the sole property of Liveworks. Lyft shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any use purpose, commercial or otherwise, without acknowledgment or compensation to you.
Liveworks and other Liveworks logos, designs, graphics, icons, scripts and service names are registered trademarks and owned by Live Companies Inc. If you provide Services as a worker or are registered as a business in the Liveworks Platform, Liveworks grants to you, during the term of this agreement, and subject to your compliance with the terms and conditions of this agreement, a limited, revocable, non-exclusive, license to display and use the Liveworks Marks solely in connection with providing the services through the Liveworks Platform. The license is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Liveworks prior written permission, which it may be denied without cause. The Liveworks marks are not to be used in any manner that may cause confusion.
You acknowledge that Liveworks is the owner and licensor of the Liveworks Marks, and that your use of these Marks will confer no additional interest in or ownership of the Liveworks Marks in you but rather inures to the benefit of Liveworks. You agree to use the Liveworks Marks strictly in accordance with Liveworks Trademark usage guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Liveworks determines to conconforming or otherwise unacceptable.
You agree that you will not:
- Create materials that incorporate the Liveworks marks other than as expressly approved by Liveworks in writing;
- Use the Liveworks marks in any way that tends to impair their validity as proprietary trademarks;
- Take any other action that would jeopardize or impair Liveworks rights as owner of the Liveworks Marks or the legality and/or enforceability of the Liveworks Marks, including, without limitation, challenging or opposing Liveworks ownership of the Liveworks Marks;
- Apply for trademark registration or renewal of trademark registration of any of the Liveworks Marks, any combination of the Liveworks Marks, any derivative of Liveworks Marks, and any other name, symbol, trade name, or word which is similar to the Liveworks Marks;
- Use the Liveworks Marks on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this license may result in immediate termination of your license, and use of the platform, in Liveworks sole discretion. If you create any materials bearing the Liveworks Marks (in violation of this agreement or otherwise), you agree that upon their creation Liveworks exclusively owns all rights, title and interest in and to such material, including without limitation any modifications to the Liveworks Marks.
Liveworks Respects the intellectual property of others, and expect users to do the same.
The following disclaimers are made on behalf of Liveworks, our affiliates, and each of our respective officers, directors, employees, agents, and shareholders.
Liveworks does not provide employment services, nor is it a direct employer of workers signed up in the Liveworks Platform. It is up to the businesses in the Liveworks platform to issue, schedule, assign and offers shifts through the Liveworks Platform. It is up to the Worker to decide whether or not they accept and want to work these shifts accepting all conditions provided by the venue including, date, time, location, and hourly rate. We can not ensure that a business or worker will complete an arranged shift agreement.
Liveworks does not provide or issue any payments that are pending to a worker on the Liveworks platform. Payments to workers for shifts worked obtained in the Liveworks platform are at the full financial responsibility of the business offering and issuing these shifts therefore the business has to make payments for shifts worked by the workers in the timed agreed on.
We do not warrant that the use of the Liveworks Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects of the Liveworks Platform will be corrected, or that the Liveworks Platform is free of viruses, or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Liveworks Platform or Services.
Liveworks is not responsible for the conduct, whether online or offline, of any worker or business on the Liveworks Platform. You are solely responsible for your interactions with other workers and businesses. We do not procure insurance nor are we responsible for shifts in the app, cancelled shifts by workers, ensuring that all workers will obtain shifts to work, late payments by businesses, ensuring timely payment by businesses. By using the Liveworks platform and participating in it’s services, you agree to accept such risks and agree that Liveworks is not responsible for the acts or omissions of users on the Liveworks Platform.
It is possible for others to obtain your information about you that you provide, publish or post to or through the Liveworks Platform (including any profile information you provide), send to others, or share during your use of the Platform, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other users on the Liveworks Platform or through the Liveworks Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users or “hackers”).
Liveworks expressly disclaims any liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your Worker or Business account or you suspect any other breach of security, you agree to notify us immediately.
15. Worker Relationship With Liveworks
As a Worker on the Liveworks Platform, you acknowledge and agree that you and Liveworks are a direct business relationship, and the relationship between the parties under this agreement is solely that of an independent contracting parties, and that you at all times shall act as an independent contractor only.
You and Liveworks agree that:
- This is not an employment agreement;
- Nothing in this agreement or your interactions with the Liveworks Platform creates an employment or dependent contractor relationship directly with Liveworks, you may however decide to create such an agreement with a signed up business in the Liveworks Platform;
- No joint venture, franchisor-franchisee partnership, or agency relationship is intended or created by this agreement.
You have no authority to bind Liveworks, and you undertake not to at any time hold yourself out as an employee, partner, agent or authorized representative of Liveworks.
You agree that you have no right or authority to make or enter into any contracts or agreements for or on behalf of Liveworks. Liveworks does not, and shall not be deemed to, direct or control you generally or in your performance under this agreement. You retain the sole right to determine when, where, and for how long you will utilize the platform. You retain to accept, or to decline or to ignore shifts by venues in the Platform, or to cancel a confirmed shift, subject to Liveworks Shift Cancelation policy. Liveworks shall have no right to require you to:
- Display Liveworks Logos or Colors on your clothing;
- Wear a uniform or any other clothing displaying Liveworks Logos or Colors;
You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment opportunities.
16. Limitation Of Liability
IN NO EVENT WILL LIVEWORKS, INCLUDING OR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE LIVEWORKS PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE LIVEWORKS PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIVEWORKS PLATFORM MAY BE USED BY YOU THE WORKER AND BUSINESS TO SCHEDULE AND REQUEST WORK OPPORTUNITIES BUT YOU AGREE THAT LIVEWORKS HAS NO RESPONSIBILITY OR LIABILITY TO YOU THE WORKER AND BUSINESS RELATED TO ANY WORK OPPORTUNITIES.
17. Term And Termination
This agreement if effective upon your creation of a user account. This agreement may be terminated:
- By User, without cause;
- By either party immediately, without notice, upon the other party’s material breach of this agreement, including but not limited to any breach in section 12, breach of section 10(a) through (i) and section 11(a) through (j) of this agreement;
In addition Liveworks may terminate this agreement or deactivate your account immediately in the event:
- You no longer qualify to work shifts and provide services under applicable law, rule, permit, ordinance or regulation;
- Liveworks has belief that such action is necessary to protect the integrity of the platform, to protect the safety of the Liveworks Community or third parties.
You will be given notice of potential or actual deactivation for reasons (1) and (2) above and an opportunity to attempt to amend the issue to Liveworks reasonable satisfaction prior to Liveworks permanently terminating the agreement. For all other breaches of this agreement, you will be provided notice and an opportunity to amend the breach. If the breach is amended in a timely matter and to Liveworks satisfaction, This agreement will not be permanently terminated. Sections 2, 9, 13-14, 16, shall survive any termination or expiration of this Agreement.