ZiGGY User Agreement



11464612 CANADA INC. (“ZiGGY”) offers a service on its digital technology platform (“ZiGGY Platform”) that allows businesses or ZiGGY’s clients (“Client(s)”) to connect with third-party independent contractors registered on the ZiGGY Platform (“Operators”) to obtain their services for temporary or short-term work assignments. All services provided by Individuals to Businesses through the ZiGGY Platform shall be referred to collectively as the “Services” and individually as a “Service”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by an Individual to a Business shall constitute a separate agreement between such parties, with ZiGGY acting as a facilitator.

YOU MUST AGREE TO BE BOUND BY THIS AGREEMENT IN ORDER TO ACCESS THE ZiGGY PLATFORM.

If you are an Individual (as defined below) this Agreement also governs your rights and entitlements.

By entering into this Agreement and/or accessing or using the ZiGGY Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions) and accept all of its terms.

Agreement May Change From Time to Time

The terms of this Agreement are subject to change from time to time at the sole discretion of ZiGGY. ZiGGY shall provide you with at least 30 days advance notice of any change to this Agreement. Any changes to the Agreement shall become effective on the date specified in the notice.

Ability to Contract

The ZiGGY Platform may only be used by Individuals over the age of majority who can form legally binding contracts under applicable law, and by representatives of Businesses, duly authorized to contract on behalf of the Business.

One User Per Individual User Account

For an Individual ZiGGY Account, you may not permit anybody else to access your account. For a Business, any authorized employee of the Business may access the ZiGGY Account.

How We Get In Touch

By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Private Personal Information

Private Personal Information is information that you provide to ZiGGY and which is part of your ZiGGY Account but is not included or posted on your ZiGGY User Profile. This information includes your banking and financial information.

Privacy Policy

The Personal Information (The Private Personal Information and the Profile Information) that ZiGGY receives from you shall be governed at all times by the ZiGGY Privacy Policy (ZiGGYjobs.com/privacypolicy).

Restricted Activities

With respect to your use of the ZiGGY Platform and your participation in the Services, you agree that you will not:

  • impersonate any person or entity;
  • stalk, threaten, or otherwise harass any person, or carry any weapons;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Services or the ZiGGY Platform or the servers or networks connected to the ZiGGY Platform;
  • post Information or interact on the ZiGGY Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • “frame” or “mirror” any part of the ZiGGY Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ZiGGY Platform or any software used on or for the ZiGGY Platform;
  • rent, lease, lend, sell, redistribute, license or sublicense the ZiGGY Platform or access to any portion of the ZiGGY Platform;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the ZiGGY Platform or its contents;
  • transfer or sell your User account, password and/or identification to any other party
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
  • cause any third party to engage in the restricted activities above.

Taxes and Dues

ZiGGY will invoice Client both for ZiGGY fees and Operators’ fees. Both fees charged to Client are exclusive of any taxes, levies, duties or similar governmental dues of any nature, including but not limited to GST/HST, sales taxes, levied by any Canadian local, provincial, territorial or federal jurisdiction (“Taxes”). Client is responsible for its own obligations for its Taxes in connection with the performance of this Agreement. Where ZiGGY is required under the applicable law to pay for or collect Taxes from the Client, ZiGGY will invoice the required amount in addition to the ZiGGY fees and the Operators’ fees and the Client will pay it accordingly, which in the case of GST/HST will discharge the Client’s obligation to pay GST/HST on both fees. ZiGGY will hold in trust and pass on the GST/HST collected from Client on the Operators’ fees to the Operators, who would be responsible for their own Taxes.

ZiGGY will ensure that the Operators present on the ZiGGY Platform meet their WSIB obligations, including obtaining of updated WSIB clearance certificates, which can be provided to Client upon request. ZiGGY will assume responsibility for (a) registration of Operators with WSIB; and (b) any shortfall in the Operators’ WSIB obligations. Notwithstanding anything to the contrary herein contained, ZiGGY shall indemnify the Client from any and all claims, losses, liabilities, damages, costs, and other expenses (including legal fees) in connection with, arising from, or relating to Operator’s failure to register with WSIB or having a shortfall in Operator’s WSIB obligations.

Disclaimer

THE ZiGGY PLATFORM AND SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” ZiGGY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZiGGY MAKES NO REPRESENTATIONS, WARRANTIES, AND GUARANTEES THAT THE ZiGGY PLATFORM OR SERVICES OR THE SERVICES BY THE THIRD-PARTY INDEPENDENT CONTRACTORS WILL MEET YOUR REQUIREMENTS. FURTHER, ZiGGY MAKES NO REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE AVAILABILITY, QUALITY, SAFETY, ACCURACY, RELIABILITY, TIMELINESS, SUITABILITY, AND UNINTERRUPTED AND ERROR-FREE PROVISION OF THE ZiGGY PLATFORM OR SERVICES OR THE SERVICES BY THE THIRD-PARTY INDEPENDENT CONTRACTORS. YOU ACKNOWLEDGE AND AGREE THAT ZiGGY HAS NO EMPLOYMENT, AGENCY, OR JOINT VENTURE RELATIONSHIP WITH THE THIRD-PARTY INDEPENDENT CONTRACTORS AND DOES NOT GUARANTEE THEIR AVAILABILITY TO YOU THROUGH THE ZiGGY PLATFORM AND MAKES NO GUARANTEES OR WARRANTIES REGARDING THE PERFORMANCE, PRODUCT, OUTCOME OR QUALITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK RELATING TO OR ARISING FROM YOUR USE OF THE THIRD-PARTY INDEPENDENT CONTRACTORS’ SERVICES OBTAINED THROUGH THE ZiGGY PLATFORM OR SERVICES REMAINS SOLELY AND ENTIRELY YOURS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, ZiGGY, INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE TO OR BE REQUIRED TO INDEMNIFY CLIENT OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, AND/OR LOST PROFIT DAMAGES (INCLUDING DAMAGES FOR LOSS OF INFORMATION AND DATA, AND YOUR INABILITY TO ACCESS OR USE ZiGGY PLATFORM OR SERVICES) THAT ARISE IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE ZiGGY PLATFORM AND/OR SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF HOW CHARACTERIZED, EVEN IF ZiGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY USE ZiGGY PLATFORM AND SERVICES TO OBTAIN THE SERVICES OF THIRD-PARTY INDEPENDENT CONTRACTORS, BUT YOU ACKNOWLEDGE AND AGREE THAT ZiGGY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO ANY OR ALL SERVICES PROVIDED TO YOU BY THIRD-PARTY INDEPENDENT CONTRACTORS. WITHOUT PREJUDICE TO AND NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, ZiGGY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE ZiGGY PLATFORM OR SERVICES, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF HOW CHARACTERIZED, WILL BE LIMITED TO THE ZiGGY FEES YOU PAID TO ZiGGY IN THE TWELVE (12) MONTHS PERIOD LEADING UP TO THE OCCURRENCE OF THE CLAIM TO GIVE RISE TO LIABILITY UNDER THIS AGREEMENT. FOR GREATER CERTAINTY, “YOU” AND “YOUR” AS USED HEREIN INCLUDES YOUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AND REPRESENTATIVES.

Indemnity

Subject to applicable law, you agree to indemnify, defend, and hold ZiGGY, including its parents, subsidiaries, affiliates, officers, directors, employees, shareholders, successors, representatives and agents harmless from and against any and all claims, losses, liabilities, damages, costs, and other expenses (including legal fees) in connection with, arising from, or relating to: (i)- a breach by you of this Agreement or any of its terms or conditions, including any terms that are incorporated in it by reference; (ii)- your failure to discharge your duties and responsibilities as set out in this Agreement; (iii)- any negligence, willful misconduct or intentional act or omission committed by you, in connection with the performance of this Agreement; (iv)- your violation of applicable law, provided however that you shall not be liable to ZiGGY for any incidental, consequential, indirect, exemplary, special, punitive and/or lost profit damages. ZiGGY specifically denies any obligation to defend and/or indemnify you from and against any third-party claims made against you arising from any negligent or intentional act or omission or willful misconduct committed by you in connection with the performance of any terms in this agreement. For greater certainty, “you” and “your” as used in herein includes your parents, subsidiaries, affiliates, officers, directors, employees, shareholders, successors, representatives and agents.