The Hospitality Gig: Terms of Use for Hospitality Businesses

  1. Introduction 

1.1    The Hospitality Gig platform  (the Site) is owned and operated by The Hospitality Gig of 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom (we, us).

1.2    By registering on the Site as a Client,  you agree to be bound by these terms of use (the Terms). The Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by the Terms, do not use the Site.  If you have any questions, you can contact us by email at Support@TheHospitalityGig.com.  Please note that there are separate terms of use for Workers.

1.3    We reserve the right to update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email with details of the change and the effective date of the change.  Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them.

1.4     The Site is an online marketplace where Clients can engage Workers to provide Services.  We do not provide services directly, nor do we act as principal in any transaction, nor as agent for either party except to facilitate payments.   We are an intermediary platform, and we are not bound by any contract that may arise at any time between a Client and a Worker. We do not act as an employment agency and/or an employment business in respect of the Site.   We do not employ any Worker.

1.4    Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use, and share information about you and our Cookie Policy to understand what cookies we use on the Site and how you can control cookies.

  1. Definitions & Interpretation

2.1    Words defined in Condition 1 shall have the same meaning when used throughout the Terms.  In addition, the following words have the following meanings:

Client, you: a business or other entity that registers on the Site in order to find a Worker to provide Services;

Commission: the sum due from you to us in consideration of the facilitation by us of your  access to the Worker and Services;

Confidential Information:  has the meaning given to it in Condition 14;

Data Protection Legislation: any laws and regulations of the United Kingdom relating to the processing of Personal Data including the Data Protection Act 2018 and, to the extent it continues to apply in the United Kingdom, the General Data Protection Regulation 2016/679;

Fee: the fee due from you in consideration of the Services together with all applicable VAT;

IP Rights:   any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;

Personal Data shall have the meaning given to it in the Data Protection Legislation;

Project: a description of the Services required to be provided by a Client;

Review: any review, comment or other feedback provided to us;

Services: the services to be provided by a Worker;

Service Contract: the relationship between the Worker and the Client in respect of the provision of the Services;

Worker: an individual who registers on the Site seeking to provide Services; and

Working Day:  any day other than a Saturday, Sunday or public holiday in England.

2.2    Words in the singular include the plural and in the plural include the singular.

2.3    Headings shall not affect the interpretation of the Terms.

2.4    References to Conditions are references to the conditions of the Terms.

2.5    Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.

2.6    Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related words.

  1. Registration  and Use of the Site

3.1    If you wish to register as or on behalf of  a Client on the Site, you must have the authority to bind the Client to the Terms, be at least 18 years old and legally capable of entering into a contract.   There may be other requirements and we shall set those out on the Site, in particular within the registration form, from time to time. The details that you provide on registration must be true, accurate and complete. You agree to update your account to reflect any changes to those details, or to notify us accordingly and we can make the changes.  At our request, you shall provide evidence of your compliance with this Condition 3.1. You also agree to provide any further information we may require from you from time to time, including information relating to your identity.  We may not accept your registration until we have verified this information and we shall notify you accordingly.

3.2    When you register on the Site you will create a user identification and password. You are responsible for keeping your password confidential.  You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to Support@TheHospitalityGig.com if you believe there has been any unauthorised use of your account.     Please ensure that your username is appropriate and in particular you should not select a username that is intended to impersonate another person, that uses the name of a well-known brand or company and/or that may be offensive.    If you do so, we will contact you and your registration will be suspended until you change your username to comply with this Condition 3.2.  You may not transfer your account to anyone else.  We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.

3.3    Following registration, you agree that we shall be entitled to reproduce and use within marketing and publicity for our business:

(a)    the Client’s name and associated logos; and

(b)    details of Projects and Services provided to you as case study examples.

3.4    You may not have more than one account on the Site.

3.5    When you use the Site you must comply with all applicable laws and you agree not to:

(a)     try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;

(b)     override or attempt to override any security component of the Site;

(c)        harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(c)     add another user, including any Worker, to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;

(d)     upload any virus or malicious software, or transmit spam, chain letters or other unsolicited emails;

(e)    access the Site with the intention of using any information, content or other know-how to set up a competitive platform;

(f)    Remove, cover or otherwise obscure any form of advertisements; and/or

(f)         reproduce, redistribute, sell, alter, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

3.6    You agree that we may need to contact you from time to time about Services, and accordingly, you agree that by providing us with your contact details, including mobile telephone number, we may contact you by any means including text, WhatsApp and email.

3.7    Neither of us has any right to bind the other party, to direct or control the data-to-day activities of the other or create or assume any obligation on behalf of the other.  Nothing in these Terms restricts you from performing services to third parties.

  1. Projects

4.1    We agree to send your Project, or details of your Project, to our Workers via the platform as we deem reasonably appropriate.

4.2    All of your Projects should be lawful and appropriate for the Site.  They should include sufficient information for the Worker to review and decide whether or not they are interested.  We suggest including the following information in your Projects:

(a)    a clear description of the Services required. The Project should accurately describe the role and not mislead the Worker. Sufficient detail should be included in order for the Worker to understand the nature of the Services and the basic requirements of the Services;

(b)        any assumptions or likely difficulties associated with the Services;

(c)    any timetable and milestones to be achieved under the Services if known;

(d)     the requirement for any professional indemnity insurance;

(e)    if any orientation day may be required, and whether a Fee is paid for this day;

(f)    details of any policies, including health and safety requirements at the Client’s venue, or any other venue where the Services are to be provided; and

(g)    the Fee due to the Worker.

4.3    Your Projects and communications with Workers must be written and posted in a fair, honest and professional in the context of the potential relationship.

4.4    You must not post any content  on the Site that:

a) is deliberately dishonest or false;

b) is obscene offensive, hateful, inflammatory, or unlawful, or promotes illegal activities, violence or hatred;

c) is discriminatory or appears to be discriminatory of any group of people including on the grounds of sex, race, age or disability;

d) includes any IP Rights that do not belong to you unless you have the written permission of the owner of such IP Rights to reproduce it on the Site;

e) includes any personal insults or attacks; and/or

f) breaches the provisions of any law, statute or regulation including the Equality Act 2010 and the General Data Protection Regulation 2016; and/or

g) encourages or otherwise deliberately or recklessly involves any breach of applicable laws, regulations, codes of practice and/or guidelines.

4.5    We may at our sole discretion:

(a)     require you to amend any content you have posted on the Site; and/or

(b)     remove any content you have posted on the Site at any time and without notice to you if we reasonably believe that such content breaches any part of the Terms.

4.6    We shall host the Project in accordance with the Terms on the Site for a period of 90 (ninety) days.   If the Project is filled within that 90 day period,  you agree to promptly remove the Project from the Site.

  1. Your relationship with Workers

5.1    Within your account you will be able to see which Workers (if any) are interested in your Project.  If a Worker indicates on the Site that they are interested in one of your Projects, you can then view the profile of the  Worker and contact the Worker on the Site to discuss the Services and the Project.

5.2    You shall treat all Personal Data and other information relating to a Worker as confidential and  you shall comply with the Data Protection Legislation in respect of the Worker’s Personal Data. In particular, you shall:

(a)    keep secure the Worker’s Personal Data, and not share it with any third party, or use it for any purpose except in relation to a Project under the terms of the Service Contract unless the Worker agrees to any other use;

(b)    take appropriate security measures (including physical, electronic and procedural measures) to help safeguard the Worker’s Personal Data from unauthorised access, loss and disclosure;

(c)    ensure that individuals processing the Worker’s Personal Data are subject to a duty of confidence in relation to the Worker’s Personal Data;

(d)    assist us to respond to a data subject access request;

(e)    assist us to allow Workers to exercise their rights under Data Protection Legislation and to meet our legal obligations in relation to the security of processing, the notification of breaches of Personal Data and data protection impact assessments; and

(e)    at our request, submit to audits and inspections by us to ensure that you are complying with your obligations under this Condition 5.2 and notify us if you are requested to take any action in breach of any the Data Protection Legislation relating to a Worker’s Personal Data.

5.3    If you agree to purchase and the Worker agrees to provide Services, the terms of the Service Contract shall apply and accordingly you warrant and represent to us that you will comply with the provisions of the Service Contract. For the avoidance of doubt however, you may not enter into any Service Contract where the terms are inconsistent with the Terms, in particular the payment provisions.  The Service Contract may be a written agreement, or set out in an exchange of emails.  However, we strongly advise Clients to put in place a written Service Contract with a Worker, in particular if the Worker may be processing personal data for the Client, receiving confidential information from the Client and/or creating deliverables for the Client.  We do not however provide advice on the terms of a Service Contract.

5.4    We are not a party to the Service Contract.  Therefore, all issues, concerns and/or enquiries relating to the Services must be raised with the Worker.  However, you agree to comply with all applicable laws in your relationships with  Worker including the Equality Act 2010 and the Protection From Harassment Act 1997.

5.5    If the Services provided by the Worker generate tips or gratuities, you agree that all such tips and gratuities intended to be paid to a Worker by a customer adding the sum to a credit or debit card payment, shall be paid to the Worker promptly and in full.

  1. Reviews

6.1.    Workers and Clients may leave a Review for each other following completion of the Services.

6.2    You warrant and represent that your Reviews shall:

(a) be fair, genuine and honest, and properly represent your experience;

(b) not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and/or

(c) not be construed as an advertisement for your or any third party’s products, services or business.

6.3    We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.

6.4    You agree that you must not offer or receive any incentive to write a Review.

6.5    You grant to us a licence to edit and use your Review on the Site within marketing and publicity materials for our business and to improve the functioning of the Site and monitor the activities of Site visitors.

6.6    A Review is not an endorsement or recommendation by us of a Worker, and you rely on the content of a Review at your sole discretion.

  1. Disclaimer – Your attention is particularly drawn to this Condition

7.1    You acknowledge and agree that the Site is provided for information purposes only and to facilitate payment. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Worker for a particular Project.  It is your responsibility to ensure the Worker is suitable for a particular Project.  All normal, prudent checks should be carried out, including identity checks, qualifications and experience.

7.2    We do not warrant or represent that any Worker will be interested in your Projects or agree to provide Services to you.

7.3    We do not warrant or represent that we:

(a)    obtain confirmation of the identity of a Worker through the Site (although our payment providers may do so);

(b)    confirm the suitability of a Worker for a Project, or that they have the experience, training, qualifications or authorisation required or desirable to provide the Services;

(c)    take any steps to ensure the Worker is aware of any requirement imposed by law or otherwise which must be satisfied to permit the Worker to provide the Services;

(d)      propose any particular Worker to you or provide any additional information about a Worker; and/or

(e)    take up any references in relation to a Worker.

7.4    We are not responsible in any way whatsoever for any act or omission of a Worker or for the Services performed by the Worker or any failure of the Worker to perform the Services.

7.5    Subject to Condition 7.8, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:

(a)    loss of profit, anticipated profits or business;

(b)    loss of data and content including communications on the Site;

(c)    loss of opportunity;

(d)     loss of revenue or wasted expenditure;

(e)     loss of goodwill or reputation; and/or

(f)     consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

The provisions of this Condition 7.4 are severable.

7.6    We shall only be liable to you for direct losses that arise a s a result of our breach of the Terms or for our negligence.

7.7   Subject to Condition 7.8, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the Commission that we received for the  Services that are the subject of the claim, or where the liability does not relate to any particular Services, our liability shall in no circumstances exceed £100.

7.8    Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

  1. Indemnity

You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any third party claim or allegation:

8.1    in relation to the content of a Project; and

8.2    from a Worker or any third party relating to your acts or omissions whether on the Site or otherwise including during the provision of your Services; and

8.3    any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of your obligations or exercise of your rights under these Terms, where the recovery is not prohibited by law.

This indemnity will survive termination of your account on the Site.

  1. Fees 

9.1    No Fees are due from Clients to register on the Site, post Projects, or to view information relating to a Worker.  Fees and Commission are due however if you engage a Worker.

9.2    All payments for Services must be made in accordance with this Condition 9, and in particular, please note that:

(a)  you need a Stripe account (a Stripe Account) to make payments and you agree that Stripe has the right not to accept you as a Stripe customer. Please note that you can only set up a Stripe account if you are located in a country that is supported by Stripe as set out here https://stripe.com/global. We are not responsibile for this process or any other act or omission of Stripe;

(b)   all payments on the Site will be processed by Stripe;

(c)   payments are subject to the limitations and requirements listed at https://stripe.com/en-gr/connect;

(d)   all Stripe costs associated with your payments on the Site are payable by you on your Stripe account.  These costs are listed under Stripe ‘Custom Connect’ pricing at  https://stripe.com/en-gr/connect/pricing;

(e)   you must ensure that your Stripe Account is always in credit;

(f)    payments are made by you from your Stripe Account to an escrow account operated by Stripe;

(g)   payments are made in advance of the provision of the Services for each milestone within the Services; and

(h)   when you accept the Services or each milestone within the Services provided by the Worker, the Fee is paid to the Worker.

9.3    As set out above, payment processing services for users on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively the Stripe Services Agreement).  By agreeing to the Terms, or continuing to operate as a Client on the Site, you agree to be bound by the Stripe Services Agreement as the same may be amended from time to time.  As a condition of us enabling payment processing services through  Stripe, you agree to provide to us accurate and complete information about you and your business and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

9.4    If your Stripe Account has a negative amount of funds, we may, or we may instruct Stripe to:

(a)   set-off the negative amount of funds with funds that you subsequently receive into your Stripe Account;

(b)   if you have funds in multiple currencies in your Stripe Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);

(c)   deduct amounts you owe us from money you subsequently add or receive into your Stripe Account; or

(d)   immediately suspend or limit your access to the Site until such time as your Stripe Account no longer has a negative amount.

9.5   You acknowledge that we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you.

9.6   You shall pay the Fee and the Commission into your Stripe Account in accordance with the terms of the Service Contract.  Within 2 (two) Working Days of acceptance by you of the Services or each milestone within the Services in accordance with the Service Contract, you shall release from our  Stripe account the Fee to the Worker and the Commission to us.

9.7    You must not pay, suggest to pay or agree to pay any sums to the Worker directly.

9.8    If you do not transfer the Fee by the due date then you agree that the Worker shall be entitled to cease further provision of the Services and take such action as required to receive the Fee as a  debt owed.  The Commission shall remain due to us.

9.9    We will refund the Fee to a Client only if:

(a)   we are required by law or consider that we are required by law to do so;

(b)   we determine that a refund to the Client will avoid any dispute or an increase in our costs;

(c)   the Client has made a duplicate payment in error; or

(d)   we consider, at our sole opinion, that it is likely that the refund  is necessary to avoid a credit card chargeback.

9.10     Notwithstanding Condition 9.9, a chargeback (being a challenge to a payment that a Client files directly with their payment issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions. You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you. You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).

9.11   We reserve the right to change the calculation of the Commission due at our sole discretion and on notice to you.

9.12   All payments made by you shall be in pounds sterling, and made in full without any deductions, withholding, set-off or counterclaim.

9.13   If during the provision of the Services you wish to extend the Services, then you should ask the Worker accordingly.  If however, you wish to engage the Worker as an employee either during the provision of the Services or at any time up to 2 months after completion of the Services, then you shall notify us accordingly, and agree to pay to us 5% of the annual salary you have agreed to pay to the Worker.

  1. Circumvention

10.1    You agree that all Fees for Services provided by a Worker at any time shall be paid to us and our Commission remains due on such Fees.  This means that if following completion of a Project, you wish to re-engage the Worker, you shall notify us accordingly, in order that we can issue the invoice to you for the Fees and Commission.

10.2    In order to ensure that you have complied with Condition 10.1, we shall on reasonable notice to you be entitled to audit all payment records relating to a Worker that has been introduced to you through the Site to ensure full and accurate disclosure and payment of all Fees due.  If following the audit, there is found to be a breach of Condition 9 and/or 10.1, then you shall promptly pay to us all sums that we would have retained in respect of any services provided by the Worker and fee paid to the Worker, together with the costs of the audit and enforcement of this Condition 10.

10.3    Any breach of this Condition 10 shall constitute a material breach of the Terms, and we shall be entitled to suspend or terminate your account and claim appropriate damages in respect of any loss suffered as a result.

  1. Site Availability

11.1    We try to maintain and make the Site available at all times.  However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We shall try to schedule maintenance and upgrades outside of normal working hours.  However, you agree that we have no liability to you for such interruptions.

11.2    We are not liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.

  1. Termination or Suspension

12.1     We may suspend or terminate your account at any time and without liability to you for any or no reason, including if:

(a)     any information that you provide to us is not true or we cannot verify or authenticate any such information;

(b)     you are in breach of any of the Conditions of the Terms;  and/or

(c)     we receive complaints or disputes are raised in relation to your activities on the Site or otherwise.

12.2    Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name. Nothing in this Condition shall affect your obligations under Condition 10.

12.3     You may contact us at any time at the email address set out above to terminate your account or you can do so within your dashboard on the Site.

  1. Intellectual Property Rights

13.1    The copyright in all content on the Site is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the Site for your own use in order to seek Workers to provide Services and otherwise to exercise your rights under the Terms,  and for no other purposes.  You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the content of the Site without our permission.

  1. Confidential Information

14.1    Confidential Information shall mean all confidential information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).

14.2    The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.

14.3    The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.

14.4    The provisions of Conditions 14.1, 14.2 and 14.3 shall not apply to any Confidential Information which:

(a)     is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party;

(b)     is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or

(c)     is required to be disclosed by any court, government or administrative authority competent to require disclosure.

  1. Linking

15.1    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Terms.

15.2    The Site may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.    Dispute Resolution Procedure

16.1    If a dispute arises between the parties in respect of these Terms or then within 7 (seven) days of the dispute arising, the dispute shall be escalated to a director or such other persons of equivalent seniority as agreed between the parties. Within 7 (seven) days  of escalation such nominated persons shall meet in a good faith effort to resolve the dispute.

16.2    If no resolution to the dispute so referred has been agreed within a further 20 (twenty) days, then the parties will attempt to settle it by mediation in accordance with the Dispute Resolution (CEDR) Model Mediation Procedure.  To initiate the mediation a party must give notice in writing to the other party to the dispute requesting mediation.  Unless agreed between the parties, the mediator will be nominated by CEDR.  The mediation will start no later than 7 (seven) days after the date of the notice.  The commencement of mediation will not prevent the parties commencing or continuing court proceedings.

  1. General

17.1    We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains, or in any part of our business.

17.2    No joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of the Site.

17.3    The Terms (as amended from time to time) constitute the entire agreement relating to your use of the Site as a Client. As noted above, there are separate terms of use for Workers.

17.4    If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

17.5    Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

16.6    You may not assign, delegate or otherwise transfer your account or your obligations under the Terms without our prior written consent. We may assign or otherwise transfer our rights and obligations in terms of the Terms to third parties.

16.7    Any notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms.

16.8    The Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: 10  December 2020

 

The Hospitality Gig: Terms of Use for Workers

  1. Introduction

1.1 The Hospitality Gig platform (the Site) is owned and operated by The Hospitality Gig of 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom (we, us).

1.2 By registering on the Site as a Worker, you agree to be bound by these terms of use (the Terms). The Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by the Terms, do not use the Site. If you have any questions, you can contact us by email at Support@TheHospitalityGig.com. Please note that there are separate terms of use for Clients.

1.3 We reserve the right to update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email with details of the change and the effective date of the change. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them.

1.4 The Site is an online marketplace where Clients can engage Workers to provide Services. We do not provide services directly, nor do we act as principal in any transaction, nor as agent for either party except to facilitate payments. We are an intermediary platform, and we are not bound by any contract that may arise at any time between a Client and a Worker. We do not act as an employment agency and/or an employment business in respect of the Site.

1.4 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you and our Cookie Policy to understand what cookies we use on the Site and how you can control cookies.

  1. Definitions & Interpretation

2.1 Words defined in Condition 1 shall have the same meaning when used throughout the Terms. In addition, the following words have the following meanings:

Client: a business or other entity that registers on the Site in order to find a Worker to provide Services;

Commission: the sum due from a Client to us;

Data Protection Legislation: any laws and regulations of the United Kingdom relating to the processing of Personal Data including the Data Protection Act 2018 and to the extent it remains applicable the General Data Protection Regulation 2016/679;

Fee: the fee due from the Client in consideration of the Services together with all applicable VAT;

IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;

Personal Data shall have the meaning given to it in the Data Protection Legislation;

Project: a description of the Services required to be provided by a Client; Review: any review, comment or other feedback provided to us;

Services: the services to be provided by a Worker which may be a one off or a repeat assignment;

Service Contract: the relationship between the Worker and the Client in respect of the provision of the Services;

Worker, you: an individual who registers on the Site seeking to provide Services; and

Worker Profile: the profile with information about a Worker uploaded to the Site by a Worker;

Working Day: any day other than a Saturday, Sunday or public holiday in England.

2.2 Words in the singular include the plural and in the plural include the singular. 2.3 Headings shall not affect the interpretation of the Terms.

2.4 References to Conditions are references to the conditions of the Terms.

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.

2

2.6 Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related words.

  1. Registration and Use of the Site

3.1 If you wish to register as a Worker on the Site, you must:

(a) be at least 18 years old;

(b) legally capable of entering into a contract;

(c) have the right to work in the United Kingdom (unless you intend only to apply for Projects to be carried out remotely);

(d) not have been convicted of a criminal offence anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which you are not sentenced to any term of imprisonment whether immediate or suspended;

(e) have all appropriate qualifications and experience necessary for the sort of work you are seeking;

(f) comply with any other requirements we set out on the Site, in particular within the registration form, from time to time; and

(g) provide details of at least two references, and in doing so, you confirm that you have notified these two references that we may contact them to verify information about you.

3.2 All details that you provide on registration must be true, accurate and complete. You agree to update your account to reflect any changes to those details, or to notify us accordingly and we can make the changes. At our request, you shall provide evidence of your compliance with Condition 3.1. You also agree to provide any further information we may require from you from time to time, including information relating to your identity. We may also check the information you provide, by accessing social media accounts or otherwise as more particularly described in our Privacy Policy We may not accept your registration until we have verified this information and we shall notify you accordingly. In any case, we may accept or reject your registration at our sole discretion.

3.3 When you register on the Site you will create a user identification and password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to Support@TheHospitalityGig.com if you believe there has been any unauthorised use of your account. Please ensure that your username is appropriate and in particular you should not select a username that is intended to impersonate another person, that uses the name of a well-known brand or company and/or that may be offensive. If you do so, we will contact you and your registration will be suspended until you change your username to comply with this Condition

3.3. You may not transfer your account to anyone else or allow anyone else to use your account. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.

3.4 You may not have more than one account on the Site.

3.5 When you use the Site you must comply with all applicable laws and you agree not to:

(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;

(b) override or attempt to override any security component of the Site;

(c) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(c) add another user, including any Client, to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;

(d) upload any virus or malicious software, or transmit spam, chain letters or other unsolicited emails;

(e) access the Site with the intention of using any information, content or other know-how to set up a competitive platform;

(f) Remove, cover or otherwise obscure any form of advertisements; and/or

(f) reproduce, redistribute, sell, alter, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

3.6 You agree that we may need to contact you from time to time about Services, and accordingly, you agree that by providing us with your contact details, including mobile telephone number, we may contact you by any means including text, WhatsApp and email.

3.7 Neither of us has any right to bind the other party, to direct or control the data-to-day activities of the other or create or assume any obligation on behalf of the other. Nothing in these Terms restricts you from performing services to third parties.

  1. Worker Profile

4.1 You may upload a Worker Profile and you agree that the Worker Profile will include as a minimum all of the information that you are prompted to submit. You warrant and represent that all content included in your Worker Profile shall be accurate and up-to-date and shall accurately describe your qualifications and experience. The content in your Worker Profile shall not:

(a) breach the provisions of any law, statute or regulation;

(b) infringe the copyright, database rights, trade mark rights or other IP Rights of any third party;

(c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;

(d) be deliberately or knowingly false, inaccurate or misleading;

(e) include any content which promotes fraudulent or illegal activities; promotes violence or hatred; is discriminatory of any group of people; is offensive, hateful or inflammatory;

(f) include any content or links to websites or third party advertising; and/or

(g) give rise to any cause of action against us.

4.2 We do not routinely monitor or review any content within a Worker Profile. However, we may remove any content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.1.

4.4 If you no longer wish for your Worker Profile to be available on the Site, please let us know or remove it from your account. Do please note that Clients who have already accessed your Worker Profile will not know that you are no longer interested in receiving information about job opportunities so you will need to inform them of this as and when they contact you.

4.5 You should remove your Worker Profile from the Site if you are no longer seeking the opportunity to provide Services.

4.6 Your communications with Clients must be written and posted in a fair, honest and professional manner in the context of the relationship.

5. Your relationship with Clients 

5.1 Within your account you can indicate if you are interested in a Project. If you do so, then the Client can view your Worker Profile and use your Personal Data to contact you directly and/or contact you through the Site to discuss the Services and the Project.

5.2 We ask that the Client complies with the Data Protection Legislation in respect of your Personal Data. However, we cannot promise that they will do so. If you have any concerns about how a Client is using your Personal Data, please contact the Client.

5.3 You understand and agree that certain Projects may include particular requirements including:

(a) professional indemnity insurance. We may include links on the Site to third parties that can help you arrange professional indemnity insurance, but you agree that we are not responsible for any act or omission of such third parties or in relation to any professional indemnity insurance policy you may purchase;

(b) an orientation day may be required, and although you should check with the Client, it is likely that no Fee will be paid for this day;

(c) compliance with policies of the Client, including health and safety requirements at the Client’s venue, or any other venue where the Services are to be provided. You agree to comply with a Client’s policy, and if necessary, request a copy so that you are aware of the requirements.

5.4 If you agree to provide Services to a Client, the terms of the Service Contract shall apply and accordingly you warrant and represent to us that you will comply with the provisions of the Service Contract and in any event, carry out the Services to the best of your ability and in accordance with all applicable laws.

5.5 However, you may not enter into any Service Contract where the terms are inconsistent with the Terms, in particular the payment provisions. The Service Contract may be a written agreement, or set out in an exchange of emails. However, we strongly advise Clients to put in place a written Service Contract with a Worker, in particular if the Worker may be processing personal data for the Client, receiving confidential information from the client and/or creating deliverables for the Client. In any case, you agree to ensure that you understand all requirements of the Client in respect of the Project, including Fees, expenses, travel requirements, dress code or uniform. We are not liable for your failure to do so.

5.5 We are not a party to the Service Contract. Therefore, all issues, concerns and/or enquiries relating to the Services must be raised with the Client. However, you agree to comply with all applicable laws in your relationships with Clients, including the Protection From Harassment Act 1997.

5.6 Please notify us if a Client offers to employ you in any capacity.

6. Reviews 

6.1. Workers and Clients may leave a Review for each other following completion of the Services. Reviews will be visible in a Worker Profile. If you are not happy with any Review left about you, please contact us to discuss.

6.2 You warrant and represent that your Reviews about Clients shall: (a) be fair, genuine and honest, and properly represent your experience;

(b) not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and/or

(c) not be construed as an advertisement for your or any third party’s products, services or business.

6.3 We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.

6.4 You agree that you must not offer or receive any incentive to write a Review.

6.4 You grant to us a licence to edit and use your Review on the Site within marketing and publicity materials for our business and to improve the functioning of the Site and monitor the activities of Site visitors.

6.5 A Review is not an endorsement or recommendation by us of a Client and you rely on the content of a Review at your sole discretion.

7. Disclaimer – Your attention is particularly drawn to this Condition

7.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Site. The information contained in this Site may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk.

7.2 You acknowledge and agree that the Site is provided for information purposes only and to facilitate payment. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm that you are suitable for any particular project or Client. You are not our employee and we are not your employer. All normal and prudent checks should be carried out by you before you agree to provide Services and enter into a Service Contract including a detailed understanding of the Project.

7.3 We do not warrant or represent that the Site will include any Project that may interest you. We do not warrant or represent that we:

(a) obtain confirmation of the identity of a Client through the Site (although our payment providers may do so);

(b) confirm the suitability of a particular Project for you; and/or

(c) take any steps to ensure you are aware of any requirement imposed by law or otherwise which must be satisfied to permit you to fulfil the Services.

7.4 We are not responsible in any way whatsoever for any act or omission of a Client including the obligation to pay any sums due.

7.5 Subject to Condition 7.8, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:

(a) loss of profit, anticipated profits or business;

(b) loss of data and content;

(c) loss of opportunity;

(d) loss of revenue or wasted expenditure;

(e) loss of goodwill or reputation; and/or

(f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

The provisions of this Condition 7.5 are severable.

7.6 We shall only be liable to you for direct losses that arise a s a result of our breach of the Terms or for negligence.

7.7 Subject to Condition 7.8, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the Commission that we received for the Services that are the subject of the claim, or where the liability does not relate to any particular Services, our liability shall in no circumstances exceed £100.

7.8 Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

  1. Indemnity

You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any third party claim or allegation:

8.1 in relation to the content of your Worker Profile;

8.2 from a Client or any third party relating to your acts or omissions whether on the Site or otherwise including during the provision of your Services; and

8.3 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of your obligations under these Terms, where the recovery is not prohibited by law.

This indemnity will survive termination of your account on the Site. 9. Fees 

9.1 No Fees are due from Workers to register on the Site.

9.2 All payments for Services must be made in accordance with this Condition 9, and in particular, please note that:

(a) You need a Stripe account (a Stripe Account) to make payments and you agree that Stripe has the right not to accept you as a Stripe customer. Please note that you can only set up a Stripe account if you are located in a country that is supported by Stripe as set out here https://stripe.com/global. We are not responsibile for this process or any other act or omission of Stripe;

(b) all payments on the Site will be processed by Stripe;

(c) payments are subject to the limitations and requirements listed at https://stripe.com/en-gr/connect;

(d) payments are made by the Client from its Stripe Account to an escrow account operated by Stripe;

(e) payments are made in advance of the provision of the Services for each milestone within the Services; and

(f) when the Client accepts the Service provided by you, the Fee is paid to you. We retain the Commission from the Client.

9.3 As set out above, payment processing services for users on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively the Stripe Services Agreement). By agreeing to the Terms, or continuing to operate as a Worker on the Site, you agree to be bound by the Stripe Services Agreement as the same may be amended from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide to us accurate and complete information about you and your business and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

9.4 You acknowledge that we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you.

9.5 The Client shall pay the Fee and our Commission into its Stripe Account in accordance with the terms of the Service Contract. Within 2 Working Days of acceptance by the Client of the Services or the milestone within the Services, in accordance with the Service Contract, the Client shall release from the Stripe account the Fee to you and the Commission to us.

9.6 You must not request any sums from the Client directly or suggest that the Client pays any sums to you directly.

9.7 If the Client does not transfer the Fee by the due date, then you shall be entitled to cease further provision of the Services and take such action as required to recover the debt.

9.8 We will refund the Fee from the Stripe account to a Client if:

(a) we are required by law or consider that we are required by law to do so;

(b) we determine that a refund to the Client will avoid any dispute or an increase in our costs;

(c) we consider, at our sole opinion, that it is likely that the refund is necessary to avoid a credit card chargeback.

9.9 All payments made by you shall be in pounds sterling.

9.10 To be clear, we are not your employer and so you (and not us) are responsible to account to the relevant authorities for all Fees received under these Terms and all income tax and national insurance due or your local equivalent. In addition, you agree that you may only charge VAT if you are registered with HMRC to do so.

  1. Circumvention

10.1 You agree that all Fees paid for Services provided by you to a Client at any time shall be paid to us, and we shall then pay such sums as are due to you under Condition 9. This means that if following completion of a Project, you agree to provide further Services to a Client, you shall notify us accordingly, in order that we can collect the Fee.

10.2 In order to ensure that you have complied with Condition 10.1, we shall on reasonable notice to you be entitled to audit all payment records relating to a Client that has been introduced to you through the Site to ensure full and accurate disclosure and payment of all Fees due.

10.3 Any breach of this Condition 10 shall constitute a material breach of the Terms, and we shall be entitled to suspend or terminate your account and claim appropriate damages in respect of any loss suffered as a result.

  1. Site Availability

11.1 We try to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

11.2 We are not liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.

  1. Termination or Suspension

12.1 We may suspend or terminate your account at any time and without liability to you for any or no reason, including if:

(a) any information that you provide to us is not true or we cannot verify or authenticate any such information;

(b) you are in breach of any of the Conditions of the Terms; and/or

(c) we receive complaints or disputes are raised in relation to your activities on the Site or otherwise.

12.2 Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name. Nothing in this Condition shall affect your rights and obligations under Condition 9.

12.3 You may contact us at any time at the email address set out above to terminate your account or you can do so within your dashboard on the Site.

  1. Intellectual Property Rights

13.1 The copyright in all content on the Site is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the Site for your own use in order to look for Projects and otherwise exercise your rights under the Terms, but for no other purposes. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the content of the Site without our permission.

  1. Disputes

14.1 We hope that you are happy with your user of the Site. But, if you have a complaint, please do let us know and we shall attempt to resolve it promptly. Please do note that any dispute with a Client should be directed to that client.

  1. General

15.1 The Terms (as amended from time to time) constitute the entire agreement relating to your use of the Site. As noted above, there are separate terms of use for Clients.

15.2 If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

15.3 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

15.4 You may not assign, delegate or otherwise transfer your account or your obligations under the Terms without our prior written consent. We may assign or otherwise transfer our rights and obligations in terms of the Terms to third parties.

15.5 Any notice to you via email, regular mail or notices or links on our Site shall constitute acceptable notice to you under the Terms.

15.6 The Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: 10 December 2020