inploi Terms and Conditions of Service
Welcome to the inploi website and our applications. This page (together with the documents referred to on it) tells you the terms on which we provide our Services (as defined below).
inploi (the "Company") operates online platforms to connect businesses who need workers (“Clients”) with individuals looking for work (“Workers”). Inploi operates two online platforms (each a “Service” and together the “Services”) as follows:
In both services, Clients enter into a direct contract with Workers in relation to the task to be performed. inploi and its affiliates are not a party to that contract and are not responsible if a Client, or Worker does not do what they promise. Furthermore, inploi and its affiliates are not responsible for the tax liabilities of Clients, or Workers: each User must make his own arrangements to pay any income tax, national insurance or other relevant taxes.
These terms and conditions cover both Services. Term [4.1] applies only to QuickShift. Term [4.2] applies only to JobMatch
1. Our Services and our Fee
The Services are platforms for enabling connections between Clients and Workers. Clients and Workers together are referred to in these Terms of Services as “Users.” In consideration for providing the Service, we receive a fee from the Client.
2. Services Only Provide a Venue
inploi does not take part in the interaction between Users in relation to the Services and is not responsible for the performance of contracts by Users. inploi has no control over the relationship between Clients and Workers, the behaviour of Users or any other aspect whatsoever relating to the work carried out by Workers, or of any ratings provided by Users in respect of each other. inploi gives no assurances about the suitability, reliability, timeliness, or accuracy of the work requested by Clients and provided by Workers identified through the Services whether in public, private, or offline interactions.
3. User Vetting, Right to Work in the UK
Clients and Workers may be subject to a vetting process before they can register and during their use of the Services, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with applicable laws.
Although inploi may perform background checks of Users, as outlined in more detail above, inploi cannot confirm that each User is who they claim to be and therefore, inploi cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information. Furthermore, inploi does not verify the background information which Users list about themselves on the site. In particular, inploi does not verify Workers’ educational qualifications, prior work history or other claims that they may make about their skills and experience on the site.
When interacting with other Users on the Services or in real life you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day. inploi will not be liable for any false or misleading statements made by Users of the Services.
By accepting work through the Services, Workers represent that they are eligible to work in the UK or have the requisite permissions to undertake the work that they agree to do. Workers will, if requested by Clients, produce documentary evidence as proof of identity and/or in order to support their eligibility to work in the UK. Workers will also be required to provide a National Insurance number.
4. Agreement and Payment
4.1 QuickShift Service
Users of the QuickShift Services contract directly with other Users. inploi will not be a party to any such contracts and is not responsible for the performance of such contracts by Users. Users of the Services will be required to provide their credit card or bank account details to inploi and the Payment Services Provider retained by Company (the “PSP”).
Arrangements are agreed upon between Clients and Workers in the following way:
Step 1: Client enters details of the work required (“Work”) on the QuickShift Service, including (i) type of work, (ii) location, (iii) dates and duration of work; (iv) pay offered; and (v) qualifications or skills required.
Step 2: We will take the information provided in Step 1 and provide Client with a list of Workers whose registration details, as provided by Workers to us, indicate that they could be interested in performing the Work
Step 3: Client selects the Worker they consider the best fit for the Work.
Step 4: Client confirms the Worker booking and can if they so wish communicate with the Worker to discuss scope of work and timing using the Service
Step 5: Once the scope and timing for the Work have been agreed, Client and Worker will enter into their own arrangements as to any other terms on which the Client will engage the Worker.
Step 6: Once the Work has been completed payment will be made to the worker via the inploi platform. A 10% service fee is added to the total value of the Work paid to the Worker by the Client. To be clear this fee is additional to the amount payable to the Worker, and is not a deduction from the Worker’s payment.
If the Client engages a Worker that he was initially introduced to on the Services for the Work (or any other form of paid work, whether as an employee or not) within 1 month of the date when the Work was listed on the Service, the Client will pay to the Company a service fee of £40 (the “QuickShift Service Fee”). For the avoidance of doubt, the JobMatch Service Fee will be payable in addition to the agreed rate of pay for the Work and is not a deduction from the Worker’s pay
4.2 JobMatch Service
Users of the JobMatch Services contract directly with other Users. inploi will not be a party to any such contracts and is not responsible for the performance of such contracts by Users.
Users of the Services will be required to provide their credit card or bank account details to inploi and the Payment Services Provider retained by Company (the “PSP”).
Arrangements are agreed upon between Clients and Workers in the following way:
Step 1: Client enters details of the job to be listed on the JobMatch Services (the “Job”), including (i) type of work, (ii) location, (iii) start date and (if relevant) duration of assignment; (iv) pay offered; and (v) qualifications or skills required.
Step 2: We will take the information provided in Step 1 and provide Client with a list of Users whose registration details, as provided by Users to us, indicate that they could be interested in performing the Job.
Step 3: The Client, upon receiving the profiles of interest applicants, will use pre-bought “Keys” (purchased via the inploi platform) to ‘unlock’ the user profiles of the workers identified in step 2 in order to contact one of more of them and / or otherwise select the Worker they consider the best fit for the Job. Clients may arrange a trial shift if they wish with one or more workers
Step 4: If the Client engages a Worker that he was initially introduced to on the Services for the Work (or any other form of paid work, whether as an employee or not) within 1 month of the date when the Work was listed on the Service, the Client will pay to the Company a service fee of £40 (the “JobMatch Service Fee”). For the avoidance of doubt, the JobMatch Service Fee will be payable in addition to the agreed rate of pay for the Work and is not a deduction from the Worker’s pay
4.3 Payment Terms Applicable to Both Services
inploi reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Work Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
QuickShift Service Fees and JobMatch Service Fees (together “Service Fees”) must be paid through the Service. Users of the Services will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).
The PSP is a third party, currently Stripe LLC and Valitor hf. We are not a provider or reseller of the PSP and in order for Workers to receive payments through the PSP, each Worker must enter into Terms of Services (the “ToS”) with the PSP; these terms are available here. The ToS are provided to Workers by email. By accepting our Terms of Service, each Worker confirms: (a) that they have downloaded or printed the ToS, and (b) that they have reviewed and accept the ToS subject to the amendments described below. The ToS represent the terms of the PSP and are not the terms of inploi. inploi gives no assurance as to the suitability or appropriateness of the ToS for Users and Users should read them carefully.
The Services are only platforms for connecting Users. Because inploi is not involved in the actual contract between Users, if you have a dispute with one or more Users, you release inploi from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. inploi expressly disclaims any liability that may arise between Users of its Service.
6. Public Areas; Acceptable Use
The Services may from time to time, 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. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, while using the Service, you may not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including inploi staff. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information. Use the Services for any purpose, including, but not limited to posting or completing any work, which is illegal or otherwise unlawful. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. 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 Services which are not relevant to the services offered through the Services. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments. Post the same work repeatedly ("Spamming”). Spamming is strictly prohibited. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service. Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by inploi, without the prior written consent of inploi. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Services in any manner. Hack or interfere with the Service, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Services for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by inploi.
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. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner. Use the Services in violation of the Marketplace Guidelines. Use the Services to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Services as set forth herein. Use the Services to collect usernames and or/email addresses of Users by electronic or other means. Register under different usernames or identities, after your account has been suspended or terminated. You understand that all submissions made to Public Areas will be public, and that you will be publicly identified by your name or login identification when communicating in Public Areas and inploi will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Account, Password, Security and Mobile Phone Use
While certain parts of the Services are accessible by everyone, in order to use the Services provided through the Services you must register and create an account on the Services (an “Account”). You are responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by inploi for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. inploi has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact inploi immediately. By providing your mobile phone number and using the Services, you hereby affirmatively consent to inploi’s use of your mobile phone number for calls and texts only where inploi thinks it reasonably necessary. inploi will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your Account or emailing email@example.com
8. Termination and Suspension
inploi may terminate or suspend your right to use the Services at any time if, in its opinion, you have failed to comply with any provision of this Agreement, if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Services, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If inploi terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, inploi reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Services. All parts of these Terms of Service, which by their very 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.
9. Your Information and Likeness
“Your Information” is defined as any information and materials you provide to inploi or other Users in connection with your registration for and use of the Services, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User-Generated Content.“ You hereby confirm to inploi 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 intellectual property right or rights of publicity or privacy; (d) will not violate any law 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, cancelbots 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 liability for inploi or cause inploi to lose (in whole or in part) the services of its ISPs or other partners or suppliers, for instance by posting illegal photos or other content or altering profile information to create a denial of service from a third party.
The Services host User-Generated Content relating to reviews of specific Workers and Clients. Such reviews are opinions of Users and not the opinion of inploi, have not been verified or approved by inploi and each Client should undertake their own research to be satisfied that a specific Worker is the right person for any work to be performed. You agree that Inploi is not liable for any User-Generated Content.
You hereby grant inploi 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 have in Your Information, in any media now known or not currently known in order to perform and improve upon the Services. Each User who provides to inploi any videotape, film, recording, photograph, voice, or all related instrumental, musical or other sound effects, in exchange for the right to use the Services, hereby irrevocably grants to the inploi the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to: use any videotape, film, recording or photograph that such User provides to inploi, and use, reproduce, modify or creative derivative works from such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness“), in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such User in connection with the Services. Reproduce in all media any recordings of such User’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Services. Use, and permit to be used, such User’s Physical Likeness and Voice in the advertising, marketing, and/or publication of the Services in any media. Use, and permit to be used, with User’s consent, such User’s name and identity in connection with the Services.
10. Links to Other Websites
11. Worker Classification and Indemnity
Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of inploi. Users acknowledge that inploi does not, in any way, supervise, direct, or control a Worker’s work or works performed in any manner. inploi does not set a Worker’s work hours or location of work. inploi will not provide any equipment, labour or materials needed for a particular work. As such, inploi will not be liable form any obligations of the Client arising under relevant employment or labour laws.
As inploi has no control over the relationship between Clients and Workers, each User assumes all liability for proper classification of Workers (who may be independent contractors or employees, as relevant) based on applicable legal guidelines. In particular, inploi gives no representation or warranty that a Worker engaged through the QuickShift service will be classified as an independent contractor and not an employee under relevant legal guidelines. As such, inploi will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Worker’s services (or the misclassification of a Worker as an independent contractor or employee).
Clients agree to indemnify inploi and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with: inploi being incorrectly held to be an employer or joint employer of a Worker;
any liability incurred by inploi for any tax or withholding including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Worker’s services (or the misclassification of a Worker as an independent contractor or employee); or any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.
12. Intellectual Property Rights
All intellectual property rights pertaining to any content on the Services (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors (and Users may be licensors if they have provided the content concerned). We give you a non-exclusive licence to use and access the Services and its content solely for your own personal use, provided that you shall not: copy or make any part of the Services or its content available for access or use by any other person, except as expressly permitted by these terms or otherwise expressly authorised by us. Except to the extent expressly set out in these terms, you are not being given any rights in respect of any intellectual property rights owned by inploi or its licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Service. The service marks and trademarks of inploi, including without limitation inploi and the inploi logos are service marks owned by inploi. Any other trademarks, service marks, logos and/or trade names appearing via the Services 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.
13. Copyright Complaints and Copyright Agent
inploi respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to firstname.lastname@example.org, with the subject “Copyright infringement claim”: a description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material that you claim has been infringed is located. Include enough information to allow inploi to locate the material, and explain why you think an infringement has taken place; a description of the location where the original or an authorised copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; your address, telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
14. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of inploi and agree that you 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 your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify inploi in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to inploi upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of inploi’s trade secrets, confidential and proprietary information and all other information and data of inploi 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.
15. Disclaimer of Warranties
We will use all reasonable endeavours to ensure that the Services are available for use for as much of the time as possible, but we do not guarantee that it will be available all of the time and, in particular, it may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access). We do not give or enter into any condition, warranty or other term to the effect that the Service:
is or will be available all of the time; is or will be free from defects; or will comply with any particular standards.
Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the Services or to any service provided by us via the Service. We shall not be liable to you for any loss of profits, goodwill or other intangible losses (even if inploi has been advised of the possibility of such damages) or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason. The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Service. Nothing in this agreement shall in anyway limit or exclude inploi’s liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything, which may not be legally excluded or limited. inploi does not review User work postings or other comments or content, and is not involved in any transactions carried out directly between Users.
16. Acceptable use & the right to modify certain information
inploi reserves the right, where deemed necessary, to access your account in order to modify any information determined not to be in line with these terms and conditions or the spirit of the service. This includes, by may not be limited to, editing contact numbers and addresses intended to remove users from the inploi ecosystem and altering inappropriate profile pictures.
17. No Liability
inploi is not responsible for and shall have no liability in relation to any works or other dealings that are facilitated by Users using our Services other than to the limited extent set forth in the inploi Protection Pledge. Any disputes in relation to any works or dealings with Clients or Workers should be raised and resolved directly with Client or Worker concerned. If you have a dispute with any Users whilst using the Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes.
You hereby agree to indemnify inploi, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners in promotions, sweepstakes, or contests from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. inploi reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of inploi.
19. Governing Law
These Terms of Services and your use of the Services shall be governed by English law. You agree that any dispute between you and us regarding these Terms of Service or the Services will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
20. General Provisions
Failure by inploi to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and inploi with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of inploi, its successors and assigns.
21. Changes to this Agreement and the Services
22. Contacting us
If you have any questions about these Terms of Services or about the Service, please contact us by email at email@example.com or by post to 2 Eastbourne Terrace, Paddington, London, W2 6LG.