TheShiftSwap PARTICIPANT ACCESS PROTOCOLS
Khaki Group, LLC d/b/a HapiGig (“Hapigig”) owns and has developed a web-based solution and application (the “App”) which connects prospective warehouse employees (each a “User” and collectively, “Users”), who are employed by a third-party employer (“Employer”) and who desire extra work hours and flexibility, to companies in need of labor (i.e., the Participant, described below). Each User registers, creates and continuously update an active worker profile (“Worker Profile”) on the App to show their availability schedules to c Participant who can search the App for Users that are available at the time needed by the Participant. The Participant then may offer a User a particular “gig” and the User can choose to accept or reject it. Hapigig, on behalf of the Employer, will provides certain services (the “Services”) more specifically outlined in a Participant Agreement between Hapigig and the Participant (the “Agreement”).
- Participant’s Access Obligations. Participant will: (1) ensure that the minimum requirements for accessing the App and the Services, including necessary hardware equipment, are available to Participant for its operation and testing of the App and services; (2) ensure the security of its hardware and software equipment and its network; (3) obtaining the data network access necessary to use the Services and App; (4) be responsible and liable for any mobile network data and messaging rates that may apply if Participant accesses or uses the HapiGig App from a wireless-enabled device; (5) be responsible for acquiring and updating compatible hardware or devices necessary to access and utilize the Services and the App and any updates thereto; and (6) comply with the terms and conditions contained within the Agreement;
- User-Provided Content. Participant acknowledges that HapiGig’s Users will create Worker Profiles on the App. Participant acknowledges and understands that HapiGig is not a content provider and exercises no control over its Users or the accuracy or completeness of any information submitted, or content created by its Users (“User Content”). HapiGig assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Worker Profile or User Content. Participant agrees that HapiGig may also provide search options to narrow down Worker Profile search results by worker categories (g., forklift operator, package handler, etc.) and such worker categories are created independently and entirely by HapiGig and are not a direct reflection of the actual Worker Profile.
- Participant-Provided Content. Participant will create a Participant Profile on the App and may provide textual, audio, and/or visual content and information (“Participant Content”). It is the responsibility of the Participant to provide accurate, timely, updated and complete information when creating a Participant Profile and providing Participant Content. Participant acknowledges and understands that any Participant Content provided by Participant remains Participant’s property. However, by providing Participant Content, Participant grants HapiGig a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, and otherwise use in any manner as is determined by HapiGig in its sole discretion. Participant represents and warrants that: (i) Participant either is the sole and exclusive owner of all Participant Content or Participant has all rights, licenses, consents, and releases necessary to grant HapiGig the license to the Participant Content as set forth above; and (ii) neither the Participant content nor Participant’s submission, uploading, publishing, or otherwise making available such Participant Content nor HapiGig’s use of the Participant Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Participant further agrees to not provide Participant Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by HapiGig in its sole discretion, whether or not such material may be protected by law. Furthermore, HapiGig exercises no control over Participant Content from other users or the accuracy or completeness of any Participant Content. Worker Profiles and Participant Profiles contained on, or linked from, the HapiGig App are indexed or posted in an automated manner. HapiGig does not have any obligation to screen any Worker Profile or any Participant Profile, or to include any Worker Profile or Participant Profile in its search results or other listings, and may exclude or remove any Worker Profile, Participant Profile, Participant Content or User Content for any or no reason WITHOUT NOTICE TO PARTICIPANT AND IN HAPIGIG’S SOLE DISCRETION. HapiGig assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Participant Profile or Participant Content.
- Disclaimer. Participant acknowledges that the App and Services are an experimental product, contains errors and non-conformities, and that HapiGig does not warrant the quality or accuracy of the Services or outputs of the Services in any manner whatsoever (including the outputs of any Worker Profiles). Participant further acknowledges and agrees that HapiGig makes no representation or warranty that the App, its features, or the servers or networks through which the App and its features are made available will be secure or free of viruses or other harmful components. HapiGig does not guarantee that the Services or the App, or any portion thereof, will function on any particular hardware or devices. Participant acknowledges and accepts that the Services and/or App may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. THE APP AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAPIGIG DOES NOT CONTROL OR REVIEW USER CONTENT OR PARTICIPANT CONTENT FOR ACCURACY. HAPIGIG DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OR REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; (D) ACCURACY OF DATA; AND (E) NON-INFRINGMEENT. ADDITIONALLY, HAPIGIG MAKES NO REPRESENTAITON, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES AND HAPIGIG APP. ADDITIONALLY, SHOULD USER BECOME DISSATISFIED OR HARMED BY THE SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE USER’S USE OF THE SERVICES AND HAPIGIG APP IN ACCORDANCE WITH THE AGREEMENT.
- Publicity. Participant consents to HapiGig’s use of Participant’s name and logo in advertising, sales promotion and other publicity matter relating to the Services. Without the prior written consent of HapiGig, Participant will not publish or use any advertising or publicity matter relating to the Services wherein the name or trademarks of HapiGig or the App are mentioned.
- Limitation of Use of Hapigig App. Hapigig reserves the right to place any limitations, even if not outlined herein, and in HapiGig’s sole discretion, on the Services, HapiGig App, any User’s Worker Profile, and/or the Participant Profile to maintain the performance and availability of the Services and App, and to enforce the Agreement.