GENERAL TERMS AND CONDITIONS OF USE
These Terms and Conditions of (hereinafter “Terms “; “T&C”) govern the use of the services offered by Starbiter Staffing ltd, a limited company incorporated in the Republic of Ireland, headquartered at 1 Grant’s Row, Mount Street Lower, Dublin 2, registered in the Companies Registration Office on 02/09/2014 under no. 548995, (hereinafter referred to as “Starbiter” “Provider” “Us”)
Your use of the Platform constitutes your acceptance and express agreement to all of the terms and conditions in these T&C and your representation that you are 18 years of age or older, and you are the legal representative of a Company or you have the prerequisite right to enter into this Agreement on behalf of a Company, with binding effect to all interested parties. If you have objections related to any of provisions of these Terms, your usage of the Starbiter platform is not allowed.
Terms and Definitions
Staffing services/Service = the mobile application platform service provided by the Provider as means of online communication through which the Beneficiary, as a Company may submit Shifts to be claimed by workers, in exchange for a fee
Users = any person registered with a profile on Starbiter, both individuals and companies
Shift = a short period working activity submitted by the Company to be claimed by Workers which in duration may last several hours or several days. The main features of a Shift are: category, description, duration, location, and price (for the full shift, not per hour)
Task = the specific activity provided by the Company during the Shift
Worker = an individual who claims a Shift submitted by the Company via Starbiter and carries it out in the conditions described in the Shift
Claim = the booking of a Shift submitted via Starbiter by the Worker
Company = a legal entity incorporated for commercial activities having the prerequisite conditions to hire staff and to submit Shifts on Starbiter
Payment = the total amount collected by the Provider from the Company, from which Starbiter shall withhold its Commission Fee and transfer the Price to the Worker. Payments shall be collected automatically immediately after the confirmation that the tasks in the Shift have been finished.
Price = the gross amount set by the Company to be paid to the Workers. The value of the Price is established for the entire Shift, not for an hourly rate. Prices shall be transferred to the Workers on a weekly basis
Commission Fee = the amount withheld by the Provider as a success fee from total the Price, representing the equivalent of 50% of the Price
Starbiter Staffing Service Description
Starbiter is a just-in-time staffing platform that enables companies to find staffers in short notice for small time periods, or shifts (usually less than a day).
Companies may post a Shift on Starbiter, containing its’ location, duration, and specific tasks, as well as the Price offered for the Workers
The interaction between companies and workers is carried out a mobile application. Location plays an important role: once a new Shift is added, available Workers in its perimeter shall be notified. They may claim a Shift, as long as the number of claims doesn't exceed the number of required workers, and the Company shall be notified right away. The Company shall have access to the profile of all the Workers that claimed the Shift (picture, name, rating and activity history on Starbiter). Companies may reject any number of workers that claimed a specific Shift. In case a Worker is not rejected, it is assumed by default that he/she is accepted to carry out the respective Shift.
In case a Worker claims a Shift and is not rejected, when the time of the Shift comes, the Worker can tap to start, and later to finish the Shift. After it is finished, the Company can confirm that the Worker indeed carried out her/his task, and can rate the activity of the Worker. Following the confirmation of the Shift’s finish, Payment shall be collected automatically from the Company.
Registration and installment
Companies and individuals may register an account on the Starbiter platform, by downloading the mobile application from the directories located at https://play.google.com/store/apps/details?id=com.starbiter.android, as well as https://itunes.apple.com/ro/app/starbiter/id1203225408
The installment and profile registration as well as the usage of the Starbiter platform are free of charge, Starbiter shall withhold its commission fee based upon the success of a Shift claimed.
Registration and Special Conditions for Workers:
Upon registration as Workers, individuals shall be requested to provide information regarding their full name, recognizable profile picture, a valid telephone number and email address, as well as banking information (for the transfer of receivable Prices for the tasks carried out). Starbiter reserves its unilateral right to carry out a thorough vetting process of any individual prior to the approval of their account, by several means the Provider find necessary (background check, personal interaction, correspondence, interviews carried out via telephone or other communication platforms etc.). In case during the vetting process, Starbiter representatives consider appropriate, they may precede at any time to refuse the approval of a pending registered profile, without notice, and without any obligation to provide motives for their refusal.
Starbiter does not enter into a labor contractual relationship with the Worker for the provision of the Shift.
Starbiter shall remunerate the Worker with the total Price of the Shifts in accordance with the actual volume Shifts completed, on a weekly basis.
The Price specified in the Shift is gross remuneration. Workers shall be solely liable for the fulfillment of any taxation payment obligations resulting from the Prices received. Starbiter shall not be held liable in any of the cases in which workers do not fulfill their taxation obligations.
Workers acknowledge the fact and provide their full consent that their activities may be rated, and their rations as well as their working history on Starbiter will constitute an adjacent part of their profile, which shall be accessible to all Shifting Companies.
Workers acknowledge and warrant that:
a.) they will take responsibility for any fault-based material damage caused in the course or as a result of provision of the Shift;
b.) payment of the Price by Starbiter does not create an employee-employer relation between the parties
c.) Starbiter does not give the Worker any instructions for provision of the Shift and does not supervise the process;
d.) the Worker agrees not to disclose, transmit or post to Starbiter any wrong, misleading or incorrect information and undertakes to use Starbiter only for the intended purpose.
Registration and Conditions for Companies
Upon registration as Companies, their representatives shall be requested to provide valid information about their name, invoicing data as well as credit card information, stored via a 3rd party provider. Starbiter reserves its right to conduct a vetting process about the Company, and may precede at any time to refuse the approval of a pending registered profile, without notice, and without any obligation to provide motives for their refusal.
"Company Information" is defined as any information and materials the Company provides to Starbiter or other Users in connection with its registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. The Company is solely responsible for Company Information, and Starbiter acts merely as a passive platform for the Company’s online distribution and publication of Company Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." The Company hereby represents and warrants to Starbiter that Your Information:
(a) will not be false, inaccurate, incomplete or misleading;
(b) will not be fraudulent or involve the sale of counterfeit or stolen items;
(c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
(d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
(f) will not be obscene or contain child pornography or be harmful to minors;
(g) will not contain any viruses, Trojan Horses, worms, time bombs, cancellous or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
(h) will not create any liability for Starbiter
The Company hereby grants Starbiter a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you provide in Company Information, in any media now known or not currently known in order to perform and improve upon the Service.
Payment and Invoicing
The Company has the obligation to confirm the finish of the Shift within 3 working days after the tasks in the Shift have been completed by the Worker. In the event of a Company’s failure to confirm the completion within 3 working days, it shall be deemed that the Shift was carried out in an appropriate manner, and the Company shall be charged automatically for the Payment.
After a Worker has claimed a Shift, any changes related to its’ tasks and duration require the Worker’s prior consent.
The Company shall have the right to cancel or unilaterally modify the Shift before a Worker claimed it.
If the Company submits a Shift, and the Worker has claimed it, in case of cancelation, for any reasons, the Company shall have the obligation to provide full Payment for Starbiter (the Worker’s Price+Starbiter Commission Fee)
It is the obligation of Starbiter to pay the Price of the Shift to the Workers. The Price shall be paid by bank transfer on a weekly basis to the Workers for their Shifts.
Any taxation obligations resulted from the income obtained via the use of Starbiter services shall encumber the liability of the Company, as well as the Worker, according to taxation provisions.
Liability of Starbiter
Starbiter does not take part in the direct interaction between Users.
Starbiter does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Companies, Shifts submitted by Companies, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Starbiter does not have control over the quality, timing or legality of service performed by Workers.
Starbiter makes no representations about the suitability, reliability, timeliness, or accuracy of the tasks requested and provided by Companies identified through the Shift whether in public, private, or offline interactions. Although Starbiter may perform background checks from public sources during the vetting procedures of Workers, Starbiter cannot confirm that each Worker is who they claim to be.
Starbiter does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Staffing service.
When interacting with each other, Users should exercise caution and common sense to protect their safety and property. Neither Starbiter nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the Staffing Services.
Starbiter is only a mobile application platform for connecting Users as Starbiter is not involved in the actual contact between Users or in the completion of the neither task related to Shifts nor does Starbiter commence any service and/or employment agreements with the Workers.
In the event that a Company have a dispute with one or more Users regarding the performance and/or quality of the Staffing Service, the respective Company shall release Starbiter (and its officers, directors and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Any disputes related to the provision of Shifts, any cases of default caused either by the Company or the Worker to each other’s patrimony shall be solved between the aforementioned parties. Starbiter shall be absolved of any liability for the disputes between Workers and Companies, related to any the conditions of the Shift.
Privacy and Personal Data
Starbiter Staffind ltd is responsible for processing personal data in the Starbiter platform, located on its dedicated servers.
Starbiter shall collect personal data related to the Users of the Starbiter Service. Such data include but not limit, above all, the name, individual and company identification information, contact details, current account numbers, photo of the Workers, email address etc..
Starbiter uses the personal data of the Workers for the following activities: transfer of data to the Company for the provision of the Shift, exercising any rights and performing any duties and obligations arising from law.
Starbiter does not disclose personal data to third parties without the consent of the Worker, except to the Companies, supervisory authorities, and in events arising from law.
Starbiter retains the personal data of the Worker only as long as it is necessary in the case of the collected personal data and required by law. Invoice-related data is preserved by Starbiter in accordance with the Irish accounting and taxation acts.
Public Areas and Confidentiality
Starbiter services may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. Such community areas may only be used to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
b) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
c) Use the Staffing Service for any purpose, including, but not limited to posting or completing a Shift, in violation of local, state, national, or international law.
d) Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
e) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
f) Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use your identification to post or view comments.
g) Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
h) Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
i) Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Starbiter, without the prior written consent of Starbiter.
j) Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
k) Hack or interfere with the Service, its servers or any connected networks.
l) Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
m) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Starbiter.
n) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
o) Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
All submissions made to Public Areas will be public, and Starbiter will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Account, Password, Security and Cell Phone Use
The Company is the sole authorized user of its account. The Company is responsible for maintaining the confidentiality of any password and account number provided by the Company or Starbiter for accessing the Service. The Company is solely and fully responsible for all activities that occur under its password or account. Starbiter has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should the Company suspect that any unauthorized party may be using its password or account or suspects any other breach of security, Starbiter should be contacted immediately.
By providing cell phone number and using the Service, the Company hereby affirmatively consent to Starbiter use of the Company’s cell phone number for calls and texts in order to perform and improve upon the Service. Starbiter will not assess any charges for calls or texts, but standard message charges or other charges from wireless carrier may apply. The Company may opt-out of receiving text messages from Starbiter by emailing email@example.com.
Links to Other Third Party Web Sites/Platforms
Links (such as hyperlinks) from the Service to other third party sites or platforms on the Web do not constitute the endorsement by Starbiter of those sites or their content. Such links are provided as an information service, for reference and convenience only. Starbiter does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Starbiter as well as any advertisements displayed in connection therewith) does not mean that Starbiter endorses any of the material on such websites, or has any association with their operators. It is the responsibility of the Users to evaluate the content and usefulness of the information obtained from other sites.
As part of the functionality of the Service, Starbiter may link its account with online accounts Starbiter may have with third party service providers (each such account, a "Third Party Account") by either:
a) providing Third Party Account login information through the Service; or
b) allowing Starbiter to access Third Party Account, as is permitted under the applicable terms and conditions that govern the use of each Third Party Account.
Termination and Suspension
Starbiter may terminate or suspend the User’s right to use the Service at any time for any or no reason by providing the Company with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Starbiter may terminate or suspend the Company’s right to use the Service if the Company shall breach any term of this Agreement or any policy of Starbiter posted through the Service from time to time, or if Starbiter otherwise finds that the Company has engaged in inappropriate and/or offensive behaviour. If STARBITER terminates or suspends the Company’s right to use the Service for any of these reasons, the Company will not be entitled to any refund of unused balance in its account. In addition to terminating or suspending the account, STARBITER reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after the Company’s right to use the Service is terminated or suspended, this Agreement will remain enforceable against the Company.
The Company may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by STARBITER, excluding User Generated Content that STARBITER has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without STARBITER's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of STARBITER and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of STARBITER, including without limitation STARBITER and the STARBITER logos are service marks owned by STARBITER. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
The Company acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of STARBITER and the Company agrees that it will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to authorized employees of the Company who are bound to maintain the confidentiality of Confidential Information.
The Company shall promptly notify STARBITER in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. The Company shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
The Company shall return all originals and any copies of any and all materials containing Confidential Information to STARBITER upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of STARBITER's trade secrets, confidential and proprietary information and all other information and data of STARBITER that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure.
Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
Use of the service is entirely at the risk of the Company.
The service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. STARBITER makes no warranties or representations about the accuracy or completeness of the content provided through the Service or the content of any sites linked to the Service and assumes no liability or responsibility for any:
a) errors, mistakes, or inaccuracies of content,
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service,
c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
STARBITER does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and STARBITER will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without limiting the foregoing, neither STARBITER nor its affiliates or licensors warrant that access to the Service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the Service.
In addition, notwithstanding any feature a Company may use to expedite worker selection, each Company is responsible for selecting their Service provider and negotiating terms of the Service and STARBITER does not recommend any particular person. STARBITER does not provide any warranties or guarantees regarding any Service provider's professional accreditation, registration or license.
The applicable law. Litigations.
The rights and obligations of the parties mentioned in this document, as well as all legal effects resulting from it are governed by the law of the Republic of Ireland.