END USER LICENSE AGREEMENT FOR WRKS
Our mission is to bridge the gap between skilled job seekers and employers in the construction and real estate industries. Our services are designed to connect members, facilitate conversation, and create opportunities for employment for qualified individuals within their local geographic region.
This Agreement applies to WRKS Inc., wrkspro.com, and other WRKS-related sites, apps, communications, and other services that are offered under this Contract, including the offsite collection of data for those Services (collectively, “WRKS”).
If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use this service.
1.1 Purpose of the App
WRKS is a technology platform that connects job seekers with companies looking to hire (collectively, the “Users”). When providing information, 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 Services.
WRKS is not an employment service. Users shall not receive or provide compensation for employment services through any of WRKS Services.
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 (also referred to as companies) and job seekers, or any other representation of the suitability of an company-job seeker match.
The Services are not intended for use by anyone under the age of 16.
1.2 Location-Based Services
WRKS is a location-based application. When the application is in use on your device, it will broadcast your location to all Users searching in 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 companies looking to fill a position with job seekers, and to connect qualified job seekers with companies. Use of WRKS means you explicitly recognize that your location shall be broadcast to the WRKS network. WRKS 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.
1.3 Changes to this Agreement
WRKS may make changes to this Agreement and to the Services from time to time. This may be done for a variety of reasons including to reflect changes in the applicable laws, to incorporate new features, or due to changes in business practices. You should visit this page periodically to review the most recent version of the Agreement. The most recent version is the version that applies. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
2 Code of Conduct
WRKS bears no obligation to monitor the conduct of Users however, we reserve the right to investigate and take appropriate action when misconduct is reported. WRKS may take any action deemed necessary including the removal of content or the suspension of Services.
All Users agree to govern themselves according to the following Code of Conduct when using WRKS Services.
Breach of any of the provisions may result in immediate termination of the User’s access to WRKS, with or without notice.
2.1 All Users
By using the Services, you are a User. Users agree and warrant that:
You are at least 16 years of age, and you adhere to the provisions of the applicable legislation in your jurisdiction regarding working age,
All information posted by you is accurate and up to date,
You will not send unsolicited messages or emails to Users,
You will not use or provide any information content, data, or other Users’ information to any of WRKS’ competitors,
You will not post or act in an unlawful or unprofessional manner, including being dishonest, abusive, threatening, obscene, or discriminatory,
You will not post any material that infringes or violates any other Users’ or third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights,
You will report any inappropriate profiles, postings, or messages,
You will not post any software containing viruses, works, or harmful code,
You will not attempt to override any of the security features used in the services, and
You will comply with this Agreement and all applicable local, provincial, state, national and international laws, rules and regulations.
2.2 Job Seekers
In addition to the obligations stated above, by using the Services as a Job Seeker, you agree and warrant that:
The information posted on your profile is true, including the use of your real name,
Any image used on your profile is a personal headshot, or equivalent,
You will only create and use one account,
You will use the Services in a professional manner and use the Services only for the purposes expected,
You are legally eligible to work in the jurisdiction in which you are operating, and
You will act in a professional manner and will not harass, abuse, or harm other Users.
2.2.1 Sub Trades
In addition to the obligations stated above, by using the Services as a Job Seeker who has selected the Sub Trade option, you agree and warrant that:
- You are adequately licensed and insured to conduct business,
- You comply with all applicable laws including those regarding taxation and business name,
- If you are hired for a job, you would not be considered an employee of any company, and
- You are an independent contract.
By using the Services as a Company you, on behalf of yourself and the entity you represent, agree and warrant that:
All postings are created in good faith and consist of available and open positions,
You will not post any position which is a pyramid scheme, multi-level marketing opportunity, or any other business opportunity which requires recruitment of other members, sub-distributors or sub-agents,
You will use the Services in a professional manner and only for the purposes expected, which include job posting, job application, and to initiate further discussion regarding suitability for any listed position,
You are not a recruitment agency, and,
You are not creating jobs, or searching for candidates, on behalf of any other entity.
3 Paid Services - WRKS Basic Plan
By using any of our paid Services and/or by subscribing to WRKS Basic Plan as an Company, you agree to be responsible for the specified fees and any applicable taxes. You will be asked to provide payment details when you subscribe.
Companies can subscribe to WRKS Basic Plan on either a monthly or a yearly subscription.
Payments are per period (either per-month, or per-year) and are not prorated. Payments will be charged at the beginning of the payment period. If you are registered for a subscription, payments will automatically be charged at the anniversary date of the payment period. Subscriptions must be cancelled in advance of the anniversary date to avoid future charges.
Payments are final and non-refundable, unless otherwise determined by WRKS.
In the unlikely event that WRKS ceases operation, whether as a result of a liquidation, bankruptcy, or otherwise, all prepaid subscriptions will be treated as non-refundable.
If the User’s primary account is determined to be invalid, expired, or otherwise unable to process Payment, WRKS 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.
3.1 Free Lifetime Subscription
As part of an introductory promotion, WRKS is offering a “Free Lifetime Subscription” or "Free for Life" promotion to Users. This promotion will be offered at the sole discretion of WRKS and is for the WRKS Basic Plan.
If Users subscribed to the Free Lifetime Subscription wish to upgrade from the Basic Plan they can do so without the loss of their Free Lifetime Subscription. Users will be charged for upgrading their subscription.
Free Lifetime Subscriptions are non-refundable and non-transferable.
WRKS reserves the right to terminate any User’s subscription for violation of any of the terms in this Agreement.
3.2 Promotional Pricing
WRKS reserves the right to set any introductory or promotional pricing for Paid Services. You may cancel your subscription for the Paid Services at any time during the introductory or promotional period. If you continue to use the Services after the expiration of said period, your chosen payment method will automatically be charged at the regular rate for any registered Paid Services.
3.3 Alteration to Fees
WRKS may change the pricing of any of its Paid Services in the future. You will be notified of any change in pricing and the change will take effect at the start of your next payment period. If you continue to use the Paid Services subsequent to any pricing changes, you accept the new price.
4 Account Security/User Security/Privacy
You are responsible for maintaining the confidentiality of your login credentials, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com
Although WRKS actively works to achieve a positive User experience, it is not responsible for the conduct of Users either within or outside of the Services. Users should never provide their financial information (for example bank information, social insurance number, social security number, or credit card number) prior to meeting with a potential employer Company or Job Seeker.
USERS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS.
4.1 License Granted to Use
WRKS grants all Users a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access the Services on personal devices. The Services and all rights shall remain property of WRKS. 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 reserves the right to revoke this license in the event a User breaches any part of this agreement.
4.2 Title to Information provided by Users
Users consent that any information in the Services about Users shall remain property of the User and shall not pass to WRKS. 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.
Other Users may access and share User content and information, consistent with User settings. By submitting suggestions or other feedback regarding WRKS, Users agree that WRKS can use and share 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.
Through the operation of WRKS, Users will generate and provide anonymous information relative to the use of the Services to WRKS (“Derivative Information”). Title to all Derivative Information shall lie solely with WRKS, and Users explicitly consent to the collection, use and disclosure of said Derivative Information.
WRKS does not guarantee the confidentiality of any communication made through the Services or its website. WRKS 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 not transmit confidential or privileged information through the Services.
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 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.
5 Limitation of Liability
WRKS has no responsibility or liability to any of its Users in relation to the Services provided. WRKS does not guarantee compliance with any agreements arranged among Users in or outside the Application. WRKS will not participate in disputes between Users on the Application. By using WRKS, 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 shall have no liability arising from or in anyway relating to the transactions made through the Application. Specifically, WRKS bears no liability for potential violations of any Collective Bargaining Agreements.
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 reserves the right to terminate any User in its unfettered discretion. If the User uses the Services inappropriately, misrepresents any of his or her qualifications, or whose use otherwise violates the strict terms of this agreement, WRKS reserves the right to remove the User from the WRKS network.
6 Intellectual Property Rights
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, Vue.js, text, audio clips, video clips, photos and other material and Services available through the WRKS Application, Services, 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, on the Services, or the 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.
7 General Terms
If any provision of this Agreement is or becomes illegal, invalid or unenforceable, such invalidity or unenforceability will attach only to such provision or part of such provisions and the remaining part of such provision and all other provisions in this Agreement will continue in full force and effect.
WRKS can terminate this agreement with or without notice. Termination of agreement renders the User’s usage void.
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.
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 a neutral location close to your location. 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.
9 Contact Us
If you have any questions, comments, or concerns about this Agreement or the Services offered by WRKS please contact us at firstname.lastname@example.org
Mailing Address: 90 Tycos Drive, Unit 2, Toronto, Ontario, M6B 1V9, Canada