GIGPANEL TERMS AND CONDITIONS OF SERVICE
1. Overview of our services
We provide an online marketplace (the Service) through which organisations (Customers) can employ people to work in the hospitality industry (Professionals) on a temporary basis (a Job) by requesting quotes for such work (a Quote).
For a full list of the types of Jobs for which Customers may receive Quotes via the Site, please see: app.gigpanel.com. We reserve the right to update this list at any time, and to reject the publication of details of a Job if it does not fall into this list.
If the Customer chooses to accept a Quote obtained from a Professional via the Service, the Customer is responsible for verifying that such Professional is appropriate for the Quoted Works, and we make no representation or warranty regarding any information which the Customer receives through the Service, nor that the Job will itself be carried as requested or in a timely, professional or reasonable manner, or at all. You must ensure that you do your own due diligence on the other party to the agreement, and ensure that you have agreed a set of terms and conditions with that party.
You agree that we shall not be involved in the agreement of any contract between any Customer and Professional, shall not form part of any such contract, and shall not be involved in the agreement of, processing of, or disputes related to payment of the Professional by the Customer. We make no representation or warranty regarding the ability of the Customer or Professional to perform their obligations for any Job.
2. Account registration
Both Customers and Professionals (together Users and each a User, you) must register an account on the Service, and create a profile by filling in the form displayed during the registration (a Profile). Users must use the form at www.gigpanel.com to register on the Service, and will be asked a number of questions, the answers to which will be used on that User’s Profile.
Once your account has been registered, you will be provided with a username and password which you can use to log in to the Service (Credentials). You are wholly responsible for any activity which occurs on the Service where your Credentials have been used to log in to it.
Users are responsible for ensuring that all information in their Profile is correct, complete, and up-to-date and must not create multiple Profiles or multiple sets of Credentials.
Users must be aged 18 or over to use or register on the Site. We are not responsible for reviewing Profiles or User accounts, although reserve the right, at our absolute discretion, to:
◾reject the registration of an account;
◾modify any Profile or User details which we deem at our absolute discretion to be offensive, inappropriate, false misleading, or not in accordance with our Content Guidelines below; or
◾suspend or terminate access to Credentials.
3. Availability of the Site and Service
While we will make all reasonable efforts to ensure that the Site and Service is available, we make no representation or warranty that the Site or Service will remain online continuously, securely, or in an uninterrupted fashion.
Use of the Service is free for Professionals.
Customers will be charged £5/€5 per Acceptance. Once a Customer owes us at least £10/€10, we will send them an invoice containing details of how to pay. Payment is due to us within 7 days of the date of the invoice.
If you are a Professional, you represent and warrant that:
◾all information which you place on the Service is up to date, truthful, and accurate at all times; and
◾if you create an Application, you are: ◾available to perform the Job; and
◾capable of performing the Job to a satisfactory standard, and in line with any requirements made known to you by the Customer before your Application.
If you are a Customer, you represent and warrant that:
◾all information which you place on the Service is up to date, truthful, and accurate at all times; and
◾if you create an Acceptance: ◾you have conducted all reasonable research into the relevant Professional’s background and are satisfied that they are the correct person to hire;
◾the Job will take place as described in the details posted on the Site; and
◾following his completion of the Job, you will have the means to pay the Professional.
6. Our liability
With the exception of our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation, which we do not seek to limit or exclude, and to the fullest extent permissible by law:
◾we shall under no circumstances be liable to Users, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and
◾our total liability to Users in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of £1000 or, where such liability is to a Customer, the total amount of payment we have received from such customer.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
◾any breach of the warranties contained at clause 5 above;
◾your performance or non-performance of your obligations in respect of a Job;
◾any User Content placed on the Site using your Credentials; or
◾any other breach of your obligations under this agreement.
8. Dispute resolution
We are not party to the contract between the Customer and Professional, and therefore not part of any dispute between Users. However, if you have a concern about the behaviour of any User, please contact us. If you have any complaint regarding the Service or our performance of our obligations under these terms, you agree to inform us as soon as is reasonably possible and to spend at least 60 days from the date on which the complaint arises negotiating with us before escalating the issue to legal proceedings or to any professional or regulatory body.
9. Intellectual property
You warrant to us that you will not publish on the Site any material in which you do not hold, or have the benefit of a licence in, the relevant intellectual property rights. You grant us an irrevocable, royalty free and non-exclusive worldwide licence to all intellectual property rights in any material which you publish on the Site.
We own all of the intellectual property rights relating to the Site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission. We grant each User a royalty-free, revocable, non-exclusive licence to use the Site solely for the purpose of using the Service in accordance with these terms.
10. User Content
Professionals may only use User Content generated by Customers for the purpose of understanding a Job and making a decision about whether to create an Application for that Job.
Customers may only use User Content generated by Professionals for the purpose of understanding the Professional’s background and making a decision that they are the correct person to hire.
11. Content Guidelines
The Site may contain Profiles, bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with Users, the public at large, or a group (together Communication Services).
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
◾Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
◾Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
◾Upload files that contain material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
◾Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
◾Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
◾Conduct or forward surveys, contests, pyramid schemes or chain letters.
◾Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
◾Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
◾Restrict or inhibit any other user from using and enjoying the Communication Services.
◾Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
◾Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
◾Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services, but we reserve the right to review and remove any materials posted to the Communication Services at our sole discretion, and to terminate your access to any Communication Service at any time without notice and for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and therefore we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
12. Term and Termination
This agreement will expire at the later of:
◾the termination of your account, whether by us at our discretion or at your request when you contact us at firstname.lastname@example.org; or
◾where any Job continues beyond such termination of your account, at the completion of that Job.
Clauses 5, 6, 7, 8, and 9 shall survive termination of this agreement.
All notice given by you to us must be by email to email@example.com. All notice given by us to you may be by email or post, to the contact details updated by you from time to time in your account details.
14. Entire Agreement
This agreement, and the documents referred to within it, constitutes the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
◾We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
◾You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
◾This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
◾Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
◾If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
◾This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
◾The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website. Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk. This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list]. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; www.craftykingsboutique.co.uk or Kings Trains Models.)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo). Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
GIGPANEL IN THE REPUBLIC OF ESTONIA
Gigpanel Ltd's official payroll service partner in the Republic of Estonia is Gigpanel Estonia OÜ reg.no.14000802.
Workers hired through the platform are registered in the Tax and Customs Board Republic of Estonia by Gigpanel Estonia OÜ.