Terms & Privacy

END USER LICENSE AGREEMENT FOR WRKS

TERMS OF SERVICE (THE “AGREEMENT”)

Purpose: WRKS is a technology platform that enables Users to connect and chat with job seekers and employers, and access other services (the “Services”). WRKS is intended for use by job seekers or employers. Users must not misrepresent their affiliations or qualifications. In all events users shall be solely responsible for assessing and verifying the qualifications and suitability of Users. All users must abide by all rules of professional conduct in their jurisdiction. WRKS Inc. shall at no time be liable to any Users or any Users’ clients for any liability with respect to the use of the WRKS service.

WRKS is a location-based application. When the application is in use on your iOS or Android device, it will broadcast your location to all Users searching for cities nearby. Similarly, you will have access to the location of other Users of WRKS in cities nearby. The essence of this service is to connect you as an employer with potential job seekers, or connect you as a job seeker with potential employers. Use of WRKS means you explicitly recognize that your location shall be broadcast to the WRKS community. WRKS Inc. assumes no responsibility or liability with respect to the use of this information. If you do not want your location to be used by WRKS, you should not use this service.


Agreement: Access and use of WRKS constitutes agreement to be bound by this Agreement (the “Agreement”). By clicking “sign up” “log in” “join WRKS”, registering or using the Services, Users agree to be bound by this legally enforceable Agreement.

Obligations: Users must be at least 18 years of age or the age of legal majority in their jurisdiction. Users agree to maintain accurate, complete and up to date account information including disclosing their real name in their profile. Users agree to not act dishonestly or unprofessionally on the Application and to use the Application for its intended purposes. Users must not use an image that is not a personal headshot on their personal profile. Users must not create a fake identity on WRKS. Users must use WRKS in a professional manner and must not harass, abuse, or harm other people on the Application.


Users acknowledge that WRKS Inc. and WRKS do not provide employees ready to hire, employers ready to hire you, recommendations, assessments of fit between potential employers and job seekers, or any other representation of the suitability of a employer-job seeker match. WRKS Inc. is the sole exclusive owner of WRKS, the service, and all related or associated intellectual property. WRKS Inc. & the WRKS service are not employment agencies, recruiters, or placement agencies . WRKS also does not guarantee that Users will provide or be provided offers of employment.

GRANT OF LICENSE TO USE WRKS: WRKS Inc. grants all Users a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access the Application on personal devices. The Services and all rights shall remain property of WRKS Inc. Neither these terms nor use of the Services convey or grant any rights to WRKS. The use or reference in any manner to the WRKS name, logos, products and Services are limited to the license granted. WRKS Inc. reserves the right to revoke this license in the event a user breaches any part of this agreement.

PAYMENT FOR SERVICES PROVIDED:

Use of WRKS Services may result in payments required for Services received from a user (the “Payment(s)”). WRKS will facilitate the applicable Payment from the user to other users. WRKS Inc. shall facilitate payments between users and will not hold any money. WRKS will send Payments to the third party’s account and receipt will be sent to the User by email after completion of the Service. 

Payments made by Users to third parties for Services are final and non-refundable, unless otherwise determined by WRKS Inc. All Payments are due immediately upon completion of the Services rendered and WRKS Inc. will facilitate that Payment. If the User’s primary account is determined to be invalid, expired, or otherwise unable to process Payment, WRKS Inc. may request a secondary Payment option or request Payment through a collection agent. WRKS Inc. reserves the right to establish, remove or revise Payments for any or all aspects of the Services provided through WRKS at any time. 

FEES TO USE WRKS WRKS Inc. may charge a transaction fee (the “Fee(s)”) to a user for accessing the WRKS network.

TITLE TO INFORMATION Users consent that any information in the Application about Users shall remain property of the User and shall not pass to WRKS Inc.. WRKS may use any information provided by Users for research, analysis, and strategy. All financial information is maintained by a third party payment platform and Users agree to their terms. However, other Users may access and share User content and information, consistent with User settings. By submitting suggestions or other feedback regarding WRKS Inc., Users agree that WRKS can use and share (but does not have to) such feedback for any purpose without compensation to Users.

Users agree to only provide content or information that does not violate applicable law or otherwise violate any intellectual property rights, contractual rights or any other applicable rights.

Users explicitly consent to the collection, use, and disclosure of all information collected by WRKS Inc...

Through the operation of WRKS, Users shall generate and provide information relative to the use of the Application to WRKS Inc.. (“Derivative Information”). Title to all Derivative Information shall lie solely with WRKS Inc. and Users explicitly consent to the collection, use and disclosure of the Derivative Information.

COPYRIGHT AND TRADEMARK WRKS Inc., the owner of WRKS, owns all title, rights and ownership in the intellectual property rights of all coding and programming in the underlying HTML, Java scripts, text, audio clips, video clips, photos and other material and Services available through the WRKS Application and website. In the event that there is content available on the website belonging to a third party, WRKS has obtained the permission and/or license of the lawful owner (or licensor-agent, as the case may be) of the intellectual property to use and display the content on the WRKS website.

WRKS as well as the associated logo are the trademarks of WRKS Inc..
The names of any companies, products and Services mentioned on WRKS Application or website are the trademarks of their respective owners and are displayed on WRKS application or website with the owner(s) consent. The display of trademarks or trade names on WRKS’ Application or website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

MISUSE OF DATA WRKS is an Application intended to connect people with one another. Users must use WRKS for its intended purpose. Users are not entitled to use information obtained on the Application for any other use. Users agree to comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements. Users are not allowed to post any unsolicited or unauthorized advertising including junk mail, spam, chain letters, pyramid schemes or any other form of solicitation unauthorized by WRKS. Users must not post any software containing viruses, works, or harmful code. Users must not use the information content or data for a competitive service as determined by WRKS.

Users must not imply or state that they are affiliated or endorsed by WRKS without the consent of WRKS. Users must not attempt to override the security features of WRKS. Users must not violate intellectual property rights or other rights of WRKS including without limitation use of the word WRKS or any WRKS logos in any names, emails or urls.

Breach of any of the provisions of this section may result in the immediate termination, with our without notice, of the User’s access to WRKS. Decision to terminate access shall be in the unfettered discretion of WRKS Inc.


WARRANTY To the fullest extent allowed under applicable law, WRKS Inc. disclaims all representations and warranties, express, implied or statutory, or not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement. WRKS Inc. makes no representation, warranty, and guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services. WRKS Inc. does not guarantee that the Services will function without interruption or errors. WRKS Inc. provides the Service (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, accordingly some or all of these disclaimers may not apply to all Users but in any event the disclaimers shall apply to the fullest extent possible, taking into consideration application law.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES, INDEMNITY Users agree that the risk arising out of the use of these Services remains solely with Users to the maximum extent permitted by applicable law. WRKS Inc. shall not be liable to any Users for indirect, incidental, special, exemplary, punitive or consequential damages including lost profits, lost data, personal injury or property damage. Users agree to fully indemnify and hold WRKS Inc. harmless from any and all claims arising out of use of these Services, including all fees for complaints and all costs associated with this indemnity.

DISCLAIMER: Users of WRKS shall take the steps necessary to assess the qualifications of other Users and their suitability to perform any of the assigned tasks or to contract for employment. Users agree to maintain security and the secrecy of account username and password at all times.. Unless otherwise permitted, Users may only possess one account on WRKS.

LIMITATION OF LIABILITY AND REMEDIES: WRKS Inc. has no responsibility or liability to any of its Users in relation to the Services provided by the Application. WRKS Inc. does not guarantee compliance with any agreements arranged among Users in or outside the Application. WRKS Inc. will not participate in disputes between Users on the Application. By using WRKS Inc., Users acknowledge that they may be exposed to situations involving Users who are unreliable, offensive, or otherwise objectionable. Connecting, conversing, and meeting with potential employers or job seekers are at Users’ own risk and judgement. WRKS Inc. shall have no liability arising from or in anyway relating to the transactions made through the Application.

In no event shall the liability of WRKS, or WRKS Inc. exceed, in the aggregate for all claims, an amount that exceeds Fees paid to WRKS Inc. in the past thirty (30) days.

WRKS Inc. reserves the right to terminate any user in its unfettered discretion. If the User uses the application inappropriately, misrepresents any of his or her qualifications, or whose use otherwise violates the strict terms of this agreement, WRKS Inc. reserves the right to remove the user from the WRKS network.

CONFIDENTIALITY: WRKS Inc. does not guarantee the confidentiality of any communication made through the Application or its website which relates to a matter for which WRKS Inc. does not already represent the User. WRKS Inc. is not responsible for the exchange of confidential information and will not facilitate the exchange of confidential information. Users must not disclose information that they have no right to disclose and should transmit confidential or privileged information through the WRKS application.


ASSIGNMENT Users may not assign or transfer this Agreement (or membership or use of Services) to anyone without WRKS’ consent. There is no partnership established by using WRKS Inc. and no employee relationship. However, Users agree that WRKS may assign this Agreement to its affiliates or a party that buys it without User consent.

ENTIRE AGREEMENT AND SEVERABILITY If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in any other jurisdictions of that or any other provision of this Agreement shall not be affected. WRKS can terminate this agreement with or without notice. Termination of agreement renders Users usage void.


WAIVER The waiver by either Party of a breach of any provision contained in this Agreement shall be in writing and in no way shall be construed as a waiver of any subsequent breach of any such provision or the waiver of the provision itself. If WRKS does not act to enforce a breach of this Agreement, that does not mean that WRKS has waived its right to enforce this Agreement.


FORUM SELECTION This Agreement shall be construed and controlled by the laws of the Province of Ontario without regard to the choice or conflicts of law provisions of any jurisdiction, and the Parties consent to jurisdiction and venue in the courts sitting in and for the Province of Ontario. Users and Parties agree that any dispute will take place in Ontario Courts and agree to jurisdiction in Ontario.

The Services are controlled by WRKS Inc. and operated by it from its offices in Toronto, Ontario. You and WRKS Inc. both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and WRKS Inc. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, the Add-ons or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving WRKS Inc. and arising out of or relating to (a) these Terms; (b) the Site, the Content, the Add-ons or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content, the Add-ons or the Services; or (d) the relationships that result from these Terms or the Site, the Content, the Add-ons or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against WRKS Inc. related to any Claim and, where applicable, you also agree to opt out of any class proceedings against WRKS Inc.. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify WRKS Inc. and the other Released Parties for your failure to comply with any such laws.

USER PRIVACY AND SECURITY All Users affirmatively acknowledge that WRKS Inc. is a location-based Application and by using the Application all Users consent to broadcasting their location to other Users. The location-based nature of the App is central to its utility. Failing to consent to this means Users cannot use the Application. Use of the Application means Users will not make any privacy-based claims against WRKS or WRKS Inc. for using WRKS.

DISPUTE RESOLUTION In an event that two Users have any dispute related to Services contemplated by the Application, WRKS reserves the right to independently resolve the case between two Users. WRKS has the right to remove any User off the system with or without cause.


AMENDMENTS: WRKS reserves the right to amend or terminate these terms or cease offering access at any time for any reason. Continued access or use of WRKS Services constitutes consent to be bound by these terms. The terms of this Agreement expressly supersedes prior any agreements or arrangements.

CONSENT: Users consent to receiving communication about WRKS, WRKS products, or any other information related to WRKS. Users consent to the terms of this Agreement when using the Application. Users consent to the collection, use and disclosure of information related to the WRKS application, including without limitation your location which will be visible to WRKS users while using the Application.

FORCE MAJEURE: Neither Party hereto shall be liable for any failure to perform its obligations under this Agreement (other than the obligations regarding payment of Fees and confidentiality) if such failure is caused by acts of God, earthquake, war, attack, strikes, or other causes that are beyond the reasonable control of such party. Any obligations hereunder, however, shall in no event be excused but shall be suspended only until the cessation of any cause of such failure. The Party facing an event of force majeure shall use reasonable efforts to minimize its effects and shall promptly notify the applicable Party of any such case of force majeure.


CURRENCY: Unless otherwise noted, all reference to Payments, Fees or other dollar amounts contemplated in this Agreement shall be paid and calculated in the currency where the users are located. US users shall pay in USD. Canadian Users shall pay in CAD

BUSINESS DAY: Any reference to calculating time periods in this Agreement shall mean business days, which includes every day except Saturdays, Sundays and statutory holidays in the Province of Ontario (“Business Day”).

PRIVACY STATEMENT – WRKS

WRKS Inc. (“WRKS” or “we”), its officers, directors and agents, are committed to maintaining the privacy, security and accuracy of your Personal Information (as defined in PIPEDA). This Privacy policy covers both our online website (www.wrksapp.com) as well as our mobile application WRKS. 

Canadian privacy law requires that we obtain your consent in order to collect, use or disclose Personal Information. This Privacy Policy outlines how WRKS complies with applicable law and your options in directing WRKS with respect to the use, collection or disclosure of your Personal Information while using the WRKS application. 

Consent

Submitting Personal Information to WRKS Inc. shall be considered by WRKS Inc. to be your consent for us to collect, use and disclose the Personal Information. Subject to restrictions under law or contracts, you may refuse to consent or withdraw your consent at any time by contacting WRKS Inc. At all times subject to applicable law you may withdraw your consent and refuse to permit WRKS Inc. to collect, use or disclose your Personal Information. To withdraw your consent, contact WRKS Inc. If you refuse to consent or withdraw your consent, WRKS Inc. will take commercially to reasonable steps to comply with your request and respond to the withdrawal of consent. In all instances WRKS Inc. shall take the necessary steps to insure your consent is received and that the use to which the Personal Information is put complies with your consent. 

How does WRKS Inc. collect your Personal Information?



WRKS Inc. shall only collect Personal Information that you have provided to us voluntarily and, typically, in connection with your use of the WRKS application and our website.

Why does WRKS Inc. collect your location information?

In order for the WRKS app to work effectively, your location is broadcasted to other users when the application is opened. This location-based feature allows for you to be able to match with potential employers or job seekers who are nearby. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to connect with job seekers or employers on the WRKS application. 

How does WRKS Inc. use your Personal Information?



WRKS Inc. only collects the Personal Information limited to accomplish the purposes for which the Personal Information was collected. Such Personal Information is also collected in order to perform administrative functions, such as processing invoices and payments, or to comply with regulatory obligations concerning the conduct of business. 

How does WRKS Inc. disclose Personal Information?



WRKS Inc. only collects the Personal Information voluntarily disclosed by you and uses it only in order to accomplish the business needs. We will not disclose your Personal Information to any third party for financial benefit (e.g. sell, rent, lease, commercially exploit or otherwise disclose your Personal Information or data to third parties). Note that while disclosure by WRKS Inc. is done only pursuant to this Privacy Policy, such disclosure does include instances where WRKS Inc. is under a legal obligation to disclose, for instance and without limitation, if required by law or to cooperate with an investigation. Subject to applicable law, WRKS Inc. will take available steps to advise you of such disclosure prior to the fact.

How does WRKS Inc. protect your Personal Information?



WRKS Inc. takes very seriously its obligations to safeguard all data, regardless of its form, the medium on which it is stored or its use in our business. In all instances we endeavour to adhere to the highest available standards, taking steps to internalize the security of data and/or only dealing with trusted third party service providers. If we obtain your Personal Information, it is stored in our office, on computers or trusted servers of entities that are affiliated with WRKS Inc. that operate secure data networks protected by firewalls and password protected systems. 


How long will WRKS Inc. Retain your Personal Information?



WRKS Inc. will only keep your Personal Information for as long as we have your consent. Archived copies of data, including your Personal Information, shall only be kept in compliance with applicable law and relevant regulatory authority. 


How can you access your Personal Information?

At any time, you can contact WRKS Inc. and ask about the management of your Personal Information. WRKS Inc. cooperates with all requests and ensures that such cooperation is done on a reasonable and expedited basis. 

What Personal Information does WRKS Inc. collect?



The categories of Personal Information that WRKS Inc. may collect about you include your name, mailing address, residential phone numbers or email address, personal history (including billing and account information), personal information related to work experience (past and present). 

Changes to our Privacy Policy



WRKS Inc. reserves the right, from time to time and as appropriate and necessary to amend this Privacy Policy. At all times the most current policy shall be available at the company’s head offices and online. 

How do you contact us regarding access to your Personal Information or making complaints?



All complaints or other inquiries regarding your Personal Information or our Privacy Policy should be forwarded to our Team,at the following coordinates: 


WRKS Inc.
287 Macpherson Ave, Suite 101
Toronto, Ontario, M4V 1A4
Canada
TEL 416-483-4105

EMAIL: team@wrksapp.com