Freelancer Terms
Who we are
Qwick uses technology to connect businesses with ready-to-work hourly temporary workers to work on-demand daily shifts across the united states. Qwick’s proprietary platforms feature automation of workforce logistics and staffing functions.
Workers using the Qwick platform, who we call “freelancers,” use our technology to decide when and where they want to work. Freelancers can view, claim, and work a variety of shifts scheduled across a variety of businesses. Because our freelancers have the flexibility to claim the shifts they want, they have the power to build success on their own terms.
Introduction to our terms of use
Qwick, Inc (“Qwick”, “we”, “us”, or “our”) uses its proprietary technology communications platform to connect individuals seeking to provide services (“freelancers”) with businesses seeking to obtain services (“businesses”).
These terms of use (“terms of use”) govern your access to and use of the websites located at qwick.com and qwickjobs.com, the Qwick technology platform, the services we provide through the websites and platform (collectively, the “services”), and all of all the text, data, information, software, graphics, videos, photographs and other materials that we and our licensors may make available to you through the services, whether you are a freelancer or a business.
These terms of use are a legal contract between you and Qwick and Qwick’s subsidiaries. By opening, accessing, browsing, or otherwise using any of the services, you agree to be bound by these terms of use, including any subsequent changes or modifications to any of them. If you are agreeing to these terms of use as an individual, “you” refers to you individually. If you are agreeing to these terms of use as a representative of an entity, you represent that you have the authority to bind that entity and “you” refers to that entity and all the users accessing the services by, through or on behalf of such entity. If you do not agree with all of these terms of use, do not open, access, browse, or otherwise continue to use the services.
Please read the terms of use, our privacy policy, and our other terms and conditions very carefully before using the services as they contain important information regarding your legal rights, remedies, liabilities, and obligations. Qwick may make changes to these terms of use at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified terms on the Qwick websites and platform and, if you have registered for an account with Qwick (as described below), Qwick will notify you of such changes via an email to the email address we have on file for you. If you do not agree to changes to these terms of use, then you must cease use of the services and cancel your account by submitting a written notice to Qwick at cancel@qwick.com or sending written notice of termination to Qwick, Inc Attn: Termination of Account, 6501 E Greenway Pkwy #103-470, Scottsdale, AZ 85254 within 30 days of the date of such notice of changes. Your use of the services following such notice shall be deemed your acceptance of such changes.
Any dispute between you and us must be resolved by individual binding arbitration. Please read the arbitration provision in these terms of use as it affects your rights under this contract.
Qwick merely provides an online platform for facilitating connections between freelancers and businesses. Once a connection has been made, the applicable freelancers are solely responsible for the provision of all professional services. Qwick does not, nor does it intend to, provide such professional services.
The services may be accessed via a mobile phone, tablet or other wireless device (collectively, “mobile services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the mobile services. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your mobile carrier, and not all mobile services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the mobile services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the mobile services, and how much they will cost you. Nevertheless, all use of the services and the related mobile services must be in accordance with this terms of use. As further described in our privacy policy, Qwick may collect and store your location information for certain purposes if you enable your mobile device to send it to us. Collection of your location may improve the provision of the services. The services use location-based apis as an essential part of their functionality, and certain features of the services will not function correctly if location services are disabled in the services.
Eligibility
By using any of the services, you represent and warrant that you are at least eighteen (18) years of age, and that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of the terms of use. Clients may require investigative consumer reports of temporary workers. Qwick, on behalf of its clients, may, from time to time, request freelancers to voluntarily submit to an investigative consumer report or background check to be eligible for certain shifts. Should you agree to such investigations, certain types of criminal offense history may bar your access to shifts. We make an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of thirteen (13). We are not responsible for any misrepresentations related to the user's age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.
Services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, do not use the services, register or submit any personal information to the services.
Using the services:
Creating an account
In order to access certain password-restricted areas of this services, you must successfully register for an account with us. If you want an account, you must submit all of the information required on the account registration page (which may vary depending on whether you are a freelancer or a business).
Once you submit the required registration information, we will determine whether or not to approve the proposed account based on the needs of Qwick’s customers. For so long as you use the account, you agree to provide true, accurate, timely, updated and complete information to us. We are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us.
You are responsible for complying with these terms when you access and use the services, whether directly or through any account that you may set up through or on the services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use the services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s). Should you believe your password or security for the services has been breached in any way, you must immediately notify us.
Businesses
Businesses may seek to book freelancers at any time. Once we receive a request, we relay your information to available freelancers.
Cancellation policy – cancellations for work requests must be received 24 hours prior to requested start time, or be subject to a minimum charge of 4 hours per freelancer.
Minimum request duration – work requests will be a minimum duration of 2 hours.
Minimum work duration – if a freelancer works less than the posted work request duration, the business agrees to be charged for 4 hours at the posted hourly rate per freelancer.
Insurance - coverage: $1 million limit occupational accident insurance, $2 million limit; general liability policy, $5 million aggregate coverage umbrella policy. Freelancer documentation available upon Qwick’s request.
Freelancers
Freelancers may select the days and times that they are available to be matched with a business. We will contact you and other freelancers with notice of the opportunity, and opportunities will be matched on a first-come, first-served basis. When you accept a work request, you confirm your availability for that date and you commit to being available for the shift; however, due to the possibility of last minute changes and cancellations, we cannot guarantee that you will actually work a particular request, even if you have confirmed your availability for that date.
All freelancers must (I) provide their own transportation to and from events, and (ii) have access to a mobile device to receive and respond to emails and texts from us and businesses.
Freelancers registering for work that requires food and/or alcohol handling or other certifications will be required to provide evidence of their certification status during their onboarding process.
All freelancers agree to not accept work requests from businesses that you are currently employed by in a part-time or full-time capacity.
Submissions
Certain areas of services may permit you to submit information, data, text, software, messages, or other materials (each, a “user submission”). You agree that you are solely responsible for your user submissions and that any and all user submissions are considered both non-confidential and non-proprietary.
By submitting any user submission, you represent and warrant that:
You own all rights in your user submissions (including, without limitation, all rights to the reproduction and display of your user submissions) or, alternatively, you have acquired all necessary rights in your user submissions to enable you to grant to us the rights in your user submissions as described in these terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your user submissions;
Your user submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all “moral rights” that you may have in your user submission;
Any information contained in your user submission is not known by you to be false, inaccurate, or misleading;
Your user submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your user submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your user submission;
Your user submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your user submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your user submission does not contain any information that you consider confidential, proprietary, or personal; and
Your user submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You hereby irrevocably grant to Qwick and its affiliates, advertisers, promoters, or distribution partners a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, and transferable (in whole or part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit any user submission provided in any way by you to us and hereby agree that we and our affiliates, advertisers, promoters, or distribution partners may use such content as determined to be appropriate our sole discretion, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. We may, but are not obligated to, pre-screen user submissions or monitor any area of the services through which user submissions may be submitted. We reserve the right to delete any such content that, in the sole discretion of Qwick, violates these terms of use or which may fall under the prohibited activities below.
Prohibited activities
Unauthorized use of the services may result in violation of various united states and international laws. Unless you have written permission from us stating otherwise, you are not authorized to use the services in any of the following ways:
Impersonate another user or entity or create an account for anyone other than a natural person;
Harass others in any way, including stalking;
Expressly state or imply that any statements you or others make are endorsed by Qwick unless you have the prior written consent of Qwick;
Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the services;
Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
Disrupt or interfere in any way with the services or any of the servers or networks connected to the services;
Utilize or copy any information or content to provide any service that is competitive with Qwick; for the avoidance of doubt, you are encouraged to use the services of competitors of Qwick, but you agree not to use or disclose any of Qwick’s information to provide competitive services;
Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the services or any software, hardware, and/or equipment related to it;
Share any non-user information without such non-user’s express permission;
Disguise the origin of any information transmitted via the services;
Direct any person to the services by using meta tags, code, or any other devices including any reference to the services to for any reason whatsoever;
Remove, cover or otherwise obscure any form of advertisement included on the services;
“frame” or “mirror” any part of the services without our prior written authorization;
Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the services or any other software used on or for the services; and/or
Override or attempt to override any security component on the services.
Qwick reserves the right to investigate and take legal action against anyone who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators.
Term and termination
The terms of use are effective immediately upon your access to any of the services and will remain in full force and effect during the duration of your use of the services (including the duration your account is open, regardless of your activity thereon). You may terminate your account and these terms of use at any time by submitting a written notice to Qwick (email to cancel@qwick.com is preferred media for this notification purpose). If for some reason you are unable to email us at cancel@qwick.com, please send written notice of termination to Qwick, Inc attn: termination of account, 3550 North Goldwater Blvd. #1154, Scottsdale, AZ 85251. You may not receive a refund of fees. If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period.
We may terminate your use of our services and these terms of use at any time with a minimum of 15 days’ notice, or immediately with no notice in the event of your material breach of these terms of use. We will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. You will not be entitled to any refunds of applicable monies if we terminate your account due to your breach of the terms of use. The intellectual property rights, disclaimers of warranties, representations made by you, indemnities, limitations of liability, arbitration provisions and general provisions shall survive any termination of these terms of use.
Interactions with other users
Interaction between users: you are solely responsible for all interactions with other users. Businesses, freelancers, and all users agree to make their own decisions regarding persons they engage, and shifts (gigs), campaigns, events or projects they claim. Users represent, understand and expressly agree that Qwick does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold Qwick or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the services.
We are not a party to any service contract
You hereby acknowledge and agree that we are not a party to any oral or written agreement for services or any other contract entered into between users of the services, even if we facilitate communications between such users.
No agency or partnership
No agency, partnership, joint venture, or employment is created as a result of these terms of use or your use of any part of the services, and nothing in these terms of use creates an employee/employer relationship between any freelancer and any business. Qwick does not serve as an employer of any user of the services and you do not have any authority whatsoever to bind us in any respect. All freelancers are independent contractors. Neither we nor any users of the services may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other and you are encouraged to, and not restricted from, performing services for third parties.
Disputes between users
Your interactions with individuals and/or organizations found on or through the use of the services, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, businesses, freelancers and other service providers or recipients.
You understand that deciding whether to use the services of a freelancer or other service provider, to provide services to a business, or to use information contained on the services, is your personal decision for which you alone are responsible. You understand that we do not and cannot make representations as to the suitability or fitness of any business, freelancer or other individuals with whom you may decide to interact on or through the services and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
If there is a dispute between users of the services, or between any user of the services and any third party, you acknowledge and agree that we are under no obligation to become involved. In the event that a dispute arises between you and any third party, you hereby release us, our officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the services. If you are a California resident, you waive California civil code §1542, which says: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor or released party.”
Links
We may provide links on the services that lead to other websites. We do not control and are not responsible for the content of such websites, nor do we endorse or make any representations about such websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. You acknowledge that all such links are provided for your convenience only. It is your responsibility to evaluate the content on other websites and you access and use all third-party websites at your own risk. All such websites are governed by the applicable privacy policies and terms and conditions of those sites, which we do not control and are not responsible for. You hereby agree to hold Qwick harmless from any liability that may result from your use of links that appear on the services.
License and restrictions
Subject to your compliance with these terms of use, we hereby grant you a limited, revocable license and right to access, view information on, and make personal use of the services for their intended purpose. You may not assign or sublicense such license or rights without prior express permission from us in a signed agreement. All rights not expressly granted in these terms of use are expressly reserved by Qwick without limitation.
The services are for the use of freelancers and business users only and any use in connection with any non-Qwick commercial endeavors without the express prior written consent of Qwick is strictly prohibited.
We reserve the right to place limitations on your account in order to maintain the performance and availability of the services and to enforce the terms of use. Such limitations may include, without limitation, the number of reviews posted, the number of messages sent through the system, and the number of requests made. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our customer services department with any concerns you have over the limitations on your use and you agree to abide by any determinations made by our customer services representative.
Should you believe that you are entitled or required by law to act contrary to these terms of use, you agree to provide Qwick with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these terms of use. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.
Billing and payment policy:
Payments to Qwick
You are responsible for providing timely payment for your use of the services and the provision of services by freelancers. By using the services, you authorize Qwick to charge you for all such services.
All payments will be automatically withdrawn from the specified checking account or charged to the designated credit card at the time of service provided. In an effort to better serve our users and simplify the billing experience, you hereby authorize Qwick to (as applicable): (a) initiate automated clearing house (ach) debit entries or (b) charge a specific credit card account. The amount of any such payments will be the total amount due for services provided, plus all applicable credit card transaction fees. You also authorize Qwick to credit a specific credit card account in the appropriate amount for any refunds or other billing adjustments. You agree to review each payment receipt received and provide Qwick written notice of any errors or disputed charges within one week of receipt via email to invoice@qwick.com. If you inform Qwick that an error exists, Qwick will attempt to correct that error as soon as practically possible.
Qwick shall bear no liability or responsibility for any losses of any kind that you may incur as a result of an erroneous statement, any delay in the actual date on which an account is debited or your failure to provide accurate and/or valid payment information.
If any changes occur in the billing information provided, you must immediately update your account or notify Qwick in writing of such changes by email to: invoice@qwick.com. If you either do not notify Qwick in writing of such changes or do so in an untimely fashion, Qwick shall bear no liability or responsibility for any losses incurred to the extent permitted by law. Qwick’s sole liability to you shall be Qwick’s obligation to make any appropriate changes once in receipt of notification.
If we do not receive payment from you for any services provided by us or any freelancer, you agree you will be personally liable and responsible for paying all amounts due upon demand and, should you fail to do so, Qwick may terminate or suspend your account. All paid services are subject to the terms of use and any other applicable terms and conditions in any executed service agreements.
Payments to freelancers
When you sign up to be a freelancer you will be required to create an account with us and provide us with information as to the bank account or debit card where payments to you should be made. We will process payments to you and direct deposit them into your designated bank accounts or credit them to your designated debit card. Payments to you will be based on your performance of services for businesses. All payments will be subject to processing fees and sales commissions. As a freelancer, you are solely responsible for any expenses that you incur in connection with your performance of services for businesses. You are also solely responsible for, and will file on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to your performance of services and receipt of payments from Qwick. You are also solely responsible for reporting any paying any applicable taxes on any tips you receive in connection with the services you perform. No part of freelancers’ compensation will be subject to withholding by Qwick for the payment of any social security, federal, state or any other employee payroll taxes. Qwick will regularly report amounts paid to freelancers by filing form 1099-misc with the internal revenue service as required by law.
Indemnification
You agree to indemnify, defend, and hold harmless Qwick and its affiliated and related entities and its and their respective officers, directors, agents, investors, and employees (the ”Qwick indemnitees”) from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with (a) your use of the services, (b) your failure to comply with the terms of use in any way, (c) any activity in which you engage on or through or because of your use of the services, and (d) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defense of any such claims. Qwick reserves the right to select its own legal counsel to represent its interests and you agree to reimburse Q for its attorneys’ fees and costs immediately upon request as they are incurred. You agree not to settle any such claim without the prior written consent of Qwick. The obligations described in this section shall include indemnifying and holding harmless the Qwick indemnities from and against losses incurred in enforcing this section. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.
Intellectual property rights
Qwick owns and retains all intellectual property and other proprietary rights throughout the world in the services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, html, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the services (collectively, the “materials”), and the coordination, selection, arrangement and enhancement of any such materials, are owned by or licensed to Qwick. You agree that, as between you and Qwick, Qwick owns and retains all such right, title and interest that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any materials without Qwick’s prior express permission in a signed writing. Users are prohibited from posting, sending, sharing, or distributing any Qwick materials that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties.
Notice of trademark rights
Qwick owns certain service marks, trademarks, logos and/or trade names (collectively, “Qwick marks”) appearing on the services. The other service and trademarks appearing on the services are the property of their respective owners. Users may not copy or use any of the Qwick marks without the prior written permission of Qwick. You acknowledge Qwick’s rights and the rights of third parties with respect to the foregoing.
Privacy
Please read our comprehensive privacy policy which is hereby fully incorporated into the terms of use by reference and governs, among other things, the treatment of all information you submit to us. You acknowledge that your submission of any content, material, or information in any form is completely voluntary. You hereby acknowledge our privacy policy.
Intellectual property infringement
You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the services infringe upon your copyrights or other intellectual property rights, please provide our copyright agent with the following (see 17 u.S.C. 512(c)(3) for further detail):
A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the services where such material is located;
A description of where the original or an authorized copy of the copyrighted work exists;
An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
Your contact information including your full name, address, telephone number, and email address;
A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and
An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.
If you believe that your content that was removed (or to which access was disabled), is not infringing, is subject to the copyright defense of “fair use” pursuant to 17 u.S.C. 107, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in such removed content, you may send a counter-notice containing the following information to our copyright agent:
Your physical or electronic signature;
Identification of the user content that has been removed or to which access has been disabled and the location at which the user content appeared before it was removed or disabled;
A statement that you have a good faith belief that the user content was removed or disabled as a result of mistake or a misidentification of the user content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may, in our sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the content or user, the removed content may be replaced, or access to it restored.
Our copyright agent can be reached at:
Qwick, Inc
Attn: Compliance
3550 North Goldwater Blvd. #1154
Scottsdale, AZ 85251
compliance@qwick.com
Modifications to the services
Qwick reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the services or any content or information thereon with or without providing notification to users. You agree that Qwick and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the services.
Compliance with a.R.S. § 23-1603
For purposes of Qwick qualifying as a qualified marketplace platform and freelancers qualifying as qualified marketplace contractors under Arizona revised statutes § 23-1603, you and qwick both acknowledge and agree that:
That freelancers are providing services under these terms of use as an independent contractor and not as an employee.
That all or substantially all payments paid to freelancers by Qwick shall be based on their performance of services.
That freelancers are allowed to work any hours or schedules that they choose. If freelancers elect to work specified hours or schedules, a contract may require them to perform work during those selected hours or schedules.
That these terms of use do not restrict freelancers’ ability to perform services for other parties.
That freelancers bear all or substantially all the expenses that they incur in performing the services.
That freelancers are responsible for the taxes on their own income.
That these terms of use may be terminated without cause by either party at any time on reasonable notice given to the other party, consistent with the term and termination provision, above.
Notifications and service messages
You agree that we may communicate with you regarding the services, your Qwick account and all services via your Qwick account or through certain other means including email, text message, mobile number, telephone, or via delivery services including the postal service. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You further agree that Qwick and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the services.
Applications
We may offer services through various applications including applications on smartphones, tablets and similar devices, and interactive plugins distributed on other websites. You agree these terms of use and any other agreements required to download such applications shall govern, and you agree that various information including, but not limited to, your device on which you utilize to access these applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. May be communicated to us and used by us in our sole discretion. If you import any content through any such application, you represent that you have the authority to share such content with us and/or your mobile carrier, internet access provider, or other provider. Should you change phone numbers or deactivate your device account, you agree to update your account information to reflect such a change and agree that any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of these applications.
The following additional terms and conditions apply with respect to any application that we provide to you designed for use on an Apple iOS-powered mobile device (an “Apple app”):
You acknowledge that these terms of use are between you and Qwick only, and not with Apple, Inc. (“Apple”).
Your use of the Apple app must comply with Apple’s then-current app store terms of service.
Qwick, and not Apple, is solely responsible for the Apple app and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our Apple app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Apple app.
You agree that Qwick, and not Apple, is responsible for addressing any claims by you or any third-party relating to the Apple app or your possession and/or use of the Apple app, including, but not limited to: (I) product liability claims; (ii) any claim that the Apple app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and you further agree all such claims are governed solely by these terms of use and any law applicable to us as provider of the Apple app.
You agree that Qwick, and not Apple, shall be responsible, to the extent required by these terms of use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Apple app or your possession and use of the Apple App.
You represent and warrant that (I) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using the Apple app (e.g., you must not be in violation of your wireless data service terms of agreement when using the Apple App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these terms of use as they relate to your license of the Apple app. Upon your acceptance of these terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you as it relates to your license of the Apple app as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that we provide to you designed for use on Android-powered mobile devices:
You acknowledge that these terms of use are between you and Qwick only, and not with Google, Inc.
Your use of such applications must comply with Google Play Store’s then-current terms of service.
Qwick, and not Google, Inc., is solely responsible for the application and the services and content available thereon. Google, Inc. has no obligation or liability to you with respect to the application or these terms of use.
Disclaimers
You agree that Qwick and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the services or in connection with the services and no user should rely on any information therein or on the continued availability of the services.
The services and all materials are provided on an “as is” and “as available” basis and the entire risk as to the use of the services is with you. Qwick, its officers, directors, agents, investors, and employees, and each of their respective affiliates, advertisers, promoters, or distribution partners expressly disclaim all warranties of any kind (express, implied or statutory) with respect to the services, including, to the fullest extent permissible under applicable law, all implied warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement.
Without limiting the generality of the foregoing, we make no warranty that the services will meet your requirements or that your use of the services will be uninterrupted, timely, secure, or error free or that defects in services will be corrected. We make no warranty as to the results that may be obtained from the use of this services, or as to the accuracy or reliability of any information or services obtained through the use of the services, and are not responsible for the products, services, actions, or failure to act of any third party. No advice or information, whether oral or written, obtained by you through services or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
We are not responsible for any communications occurring on the services or as a result of any of the services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the services will not infringe on the rights of third parties.
Limitation of liability
You are using the services at your sole risk. Neither Qwick nor its officers, directors, agents, investors, or employees shall be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from the services. In no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, or damages related to loss of data, revenue, profits, cost of substitute goods and services, use, or other economic advantage) however arising, even if we know there is a possibility of such damage. If you are a new jersey resident, this limitation of liability section is to be only as broad and inclusive as is permitted by the law of the state of new jersey.
You acknowledge and agree that we do not have an obligation to conduct background checks on any user, including, but not limited to, businesses and freelancers. You are solely responsible for all of your communications and interactions with other users of the services, and with other persons with whom you communicate or interact as a result of your use thereof. You understand that we do not make any attempt to verify the statements of users of the services. We make no representations or warranties as to the conduct of users of the services or their compatibility with any current or future users of the services. You agree to take reasonable precautions in all communications and interactions with any persons with whom you communicate or interact as a result of your use of the services, including, but not limited to, businesses and freelancers, particularly if you organize an event and meet offline or in person, regardless of whether we facilitate such meetings. We explicitly disclaim all liability for any act or omission of any user of the services and all other third parties.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of the services.
Direct engagement
Nothing in these terms of use is intended to constrain the engagement of freelancers directly by businesses, provided the terms of such engagement are in accordance with this paragraph. Other than as needed to provide services to businesses, freelancers and businesses agree that they will not use the services for advertising purposes, and further agree that they will not use the services to recruit other users to work for another website without Qwick’s express written consent. Freelancers also agree that they will not use the services to make unsolicited requests for employment with a business or another freelancer without Qwick’s express written consent. As previously noted, we reserve the right to terminate your account or use of the services in our sole discretion at any time if you violate these terms of use. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.
Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “feedback”), suggesting or recommending changes to the services or materials, including, without limitation, new features or functionality relating thereto, all such feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback. Where the foregoing assignment is prohibited by law, you hereby grant Qwick an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the feedback, and you have no right to compel such use, display, reproduction, or distribution.
You agree to first try to resolve any dispute informally by contacting us at legal@qwick.com and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.
Arbitration provision and class action waiver
You and Qwick mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of a court or jury trial. This arbitration provision is governed by the Federal Arbitration Act (9 u.S.C. §§ 1-16) and applies to any and all claims arising out of or relating to these terms of use, freelancer’s classification as an independent contractor, freelancer’s provision of services, the payments received by you for providing or receiving the services described in these terms of use, the termination of these terms of use, and all other aspects of your relationship with Qwick, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination, retaliation, trade secrets, unfair competition, privacy, compensation, classification, minimum wage, expense reimbursement, overtime, breaks and rest period claims and claims arising under or related to the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, or Fair Labor Standards Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship or the termination of that relationship with Qwick. However, this arbitration provision and class action waiver (the “arbitration provision”) does not apply to litigation between you and Qwick, if any, pending in a state or federal court as of the date of your receipt of this terms of use. If it is determined that the federal arbitration act does not apply to any claims covered by this arbitration provision, the parties agree that the law of Arizona will apply.
Limitations on how this arbitration provision applies. The following claims are not covered under this arbitration provision: (I) workers’ compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, this arbitration provision applies to discrimination or retaliation claims based upon seeking such benefits; (ii) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement; and (iii) representative actions for civil penalties filed under the California Private Attorneys General Act (“PAGA”), which may only be maintained in a court of competent jurisdiction (“PAGA exclusion”). However, any claim by freelancer as an individual under PAGA to recover unpaid wages must be arbitrated and is covered by this arbitration provision.
California Private Attorneys General Act waiver. You may bring an action in arbitration for individual civil penalties under PAGA arising from any covered California labor code violations personally suffered by you. There will be no right or authority for any dispute covered by this agreement to be brought, heard, or arbitrated as a joint PAGA action that seeks to recover civil penalties premised on California labor code violations arising out of events involving individuals other than you and the arbitrator will have no authority to hear or preside over any such joint PAGA action claim (“joint PAGA action waiver”). The joint PAGA action waiver shall be severable from these terms of use if there is a final judicial determination that the joint PAGA action waiver is invalid, unenforceable, unconscionable, void, or voidable. In such instances, the joint PAGA action must be litigated in a civil court of competent jurisdiction — not in arbitration.
Notwithstanding any other provision of these terms of use or the aaa rules, disputes in court or arbitration regarding the validity, enforceability or breach of the joint PAGA action waiver may be resolved only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a PAGA action and (2) there is a final judicial determination that all or part of the joint PAGA action waiver is unenforceable, the PAGA action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the joint PAGA action waiver that is enforceable shall be enforced in arbitration. The joint PAGA action waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered via personal delivery or via certified or registered mail, return receipt requested, to: Qwick, Inc., attn: legal, 3550 North Goldwater Blvd. #1154, Scottsdale, AZ 85251.
Class action waiver. This arbitration provision affects your ability to participate in class, collective, or representative actions. Qwick and you mutually agree that by entering into this arbitration provision, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“class action waiver”). Notwithstanding any other clause contained in these terms of use or the aaa rules, as defined below, any claim that all or part of this class action waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the class action waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the class action waiver that is enforceable shall be enforced in arbitration.
You agree and acknowledge that entering into this arbitration provision does not change freelancer’s status as an independent contractor in fact and in law, that freelancer is not an employee of Qwick, any business, or any of their affiliates or clients, and that any disputes in this regard shall be subject to arbitration as provided in this agreement.
Any arbitration shall be governed by the American Arbitration Association commercial arbitration rules (“AAA rules”), which as of the date of this agreement may be found at www.Adr.Org, except as follows:
(a) the arbitration shall be heard by one arbitrator selected in accordance with the aaa rules. The arbitrator shall be an attorney with experience in the law underlying the dispute. The arbitrator shall have authority to decide gateway issues, including arbitrability.
(b) if the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which freelancer performed freelancer contractual duties under these terms of use.
(c) unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that Qwick shall pay all of the arbitrator’s fees and costs in an arbitration brought by a freelancer, and that the parties shall split the arbitrator’s fees and costs equally in an arbitration brought by a business.
(d) the arbitrator may issue orders (including subpoenas to third parties in accordance with any applicable federal or state law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
(e) except as provided in the class action waiver, the arbitrator may award all remedies to which a party in his or her individual capacity is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
(f) either party may file motions to dismiss and/or motions for summary judgment and the arbitrator will apply the standards of the federal rules of civil procedure governing such motions.
(g) the arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.
(h) either Qwick or you may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph (h) may be rendered ineffectual.
Nothing in this arbitration provision prevents you from making a report to, or filing a claim or charge with, a government agency, including without limitation the equal employment opportunity commission, US Department of Labor, US. Securities and Exchange Commission, National Labor Relations Board, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs, or law enforcement agencies. Nothing in this arbitration provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This arbitration provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this arbitration provision. Nothing in this arbitration provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Qwick will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under section 7 of the National Labor Relations Act.
This arbitration provision is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration provision. In the event any portion of this arbitration provision is deemed unenforceable, the remainder of this arbitration provision will be enforceable. This arbitration provision survives after the termination of these terms of use and/or after you cease any assignment and/or relationship with Qwick. This arbitration provision will also continue to apply notwithstanding any change in freelancer’s responsibilities, position, or title. Notwithstanding any contrary language in the terms of use or in any Qwick policy or other agreement, this arbitration provision may not be modified or terminated absent a writing signed (electronically or otherwise) by both you and an authorized representative of Qwick.
General provisions
Failure by Qwick to enforce any provisions of these terms of use shall not be construed as a waiver of any provision or right. These terms of use constitute the entire agreement between you and Qwick with respect to the services and subject matter hereof. If any provision of these terms of use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining terms of use shall remain in full force and effect (in New Jersey, this shall include the sections referenced below in the “notice for New Jersey residents” section). These terms of use insure to the benefit of Qwick, its successors, and assigns. Any notice or communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Governing law
Other than the arbitration agreement and class action waiver, which shall be governed by the laws described therein, these terms of use shall be governed by and construed in accordance with the laws of the state of Arizona without reference to its principles of conflicts of laws.
Notice for California residents
Under california civil code section 1789.3, California users are entitled to the following consumer rights notice: the services are provided by Qwick, Inc, 3550 North Goldwater Blvd. #1154, Scottsdale, AZ 85251.
If you have a question or complaint regarding the services, please contact customer service at hello@qwick.com. You may also contact us by writing Qwick, Inc, 3550 North Goldwater Blvd. #1154, Scottsdale, AZ 85251. California residents may reach the complaint assistance unit of the division of consumer services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or hearing impaired at tdd (800) 326-2297 or tdd (916) 322-1700.
Notice for New Jersey residents
If you live in New Jersey, please carefully read our terms of use and understand that by using the services, in addition to the other terms you agree to, you agree that (I) any dispute between us will be governed by Arizona law and decided by non-judicial arbitration, (ii) you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim (see “arbitration provision and class action waiver” section above), (iii) under the laws of the state of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in the “limitation of liability” section may not apply to you, and (iv) you are responsible for any harm (see “indemnification” section above) that you cause us, whether it is because of (a) the content or materials posted on or submitted to the services by you, (b) your material uncured breach of these terms of use, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password.
SMS messaging
1. Messages from Qwick will include shift updates, and communication with our support team, who provide details on questions on user accounts and as needed communication throughout the user experience.
2. Users can cancel the sms service at any time by texting "Stop" to the short code. After users send the sms message "Stop" to us, we will send an sms message to confirm that users have been unsubscribed. After this, users will no longer receive sms messages from us. If users want to receive shifts again, they must re-sign up for us start sending sms messages to users again.
3. If users experience issues with the messaging program they can reply with the keyword help for more assistance, or can get help directly at support@qwick.com.
4. Carriers are not liable for delayed or undelivered messages
5. Message and data rates may apply for any messages sent to users from us and to us from users. Message frequency varies. If users have any questions about their text plan or data plan, it is best to contact their wireless provider.
6. If users have any questions regarding privacy, please read our privacy policy: https://www.qwick.com/privacy-policy/