CrewDriver Software Terms of Use
THIS AGREEMENT GOVERNS THE USE OF THE CREWDRIVER SOFTWARE PROVIDED BY BLACKHAMMER MEDIA OPERATIONS LTD. YOU MAY NOT USE THE CREWDRIVER SOFTWARE EXCEPT PURSUANT TO THIS AGREEMENT.THIS AGREEMENT LIMITS AND EXCLUDES WARRANTIES AND REMEDIES REGARDING THE CREWDRIVER SOFTWARE, EXEMPTS BLACKHAMMER MEDIA OPERATIONS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS YOU SHOULD READ. BY CICKING THE “I ACCEPT” CHECKBOX, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS AGREEMENT.1. YOUR ACCEPTANCE OF THIS AGREEMENT
This Agreement is between you and all persons you represent and Blackhammer Media Operations Ltd. (“BLAMO”) regarding the use of the CrewDriver software (the “Software”). By clicking the “I Accept” checkbox, and each time you use the Software, you signify your acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement. If you do not accept and agree to this Agreement, do not use the Software.
2. OWNERSHIP The Software is protected by Canadian, U.S. and international copyright and other intellectual property laws. BLAMO and its suppliers own and retain all right, title and interest, including all intellectual and industrial property rights, whether or not registered or registrable (including, without limitation all copyrights, patents, moral rights and trademark rights) in, to and associated with the Software. The Software is licensed, not sold, to you. You will not acquire any right, title or interest in or to the Software pursuant to this Agreement or otherwise, except for the limited license to use the Software as set forth in this Agreement. All rights not expressly granted under this Agreement are reserved to BLAMO.
3. LICENSE You are granted a limited, non-sublicensable license to access and use the Software in accordance with the terms of this Agreement. This Agreement does not authorize: (a) any resale of Software or resale of use of the Software; (b) modifying or otherwise making any derivative uses of the Software; (c) use of any data mining, robots or similar data gathering or extraction methods; or (d) any use of the Software other than for its intended purpose. This license is revocable at any time by BLAMO for any reason.
4. ACCESS TO THE SOFTWARE Your use of the Software is based on your account being in good standing.
Plan options vary, and include additional use limitations listed on the website for crew members, included confirmations, cost for additional confirmations, user accounts, total messages sent for a time period and number of job types.
5. BASIC FEATURES
Access to the Software entitles you to:
(a) Access the software via a single user account;
(b) Create a minimum of 5 listed positions;
(c) Use rankings of up to 10 tiers;
(d) Add a minimum of to 15 workers;
(e) Automatically send work offers, confirmations and declinations to your staff; and
(f) View the results of polling your staff for availability.
6. FEES AND BILLING A 30 day trial period (the “Trial Period”) for your usage begins on the day you activate your user account. Any fees payable by you in accordance with Sections 4 and 6 of this Agreement will be charged to your credit card or deducted from your deposit balance by BLAMO on the first day of the month following. BLAMO may, in its discretion, choose to invoice you rather than charge your credit card. This is subject to you satisfying any credit checks that BLAMO reasonably requires. Invoices not fully paid within 30 days of the date of such invoice will be charged interest at a rate of 18 per cent per month.
7. TERMINATION You or BLAMO may terminate this Agreement and your access to the Software at any time. If you wish to terminate this Agreement, you must send an email to info@getworkers.ca with “cancellation” as the subject header at least two (2) days prior to the end of the current Billing Period.Upon termination of the Agreement, BLAMO reserves the right to delete and destroy all content you have saved using the Software (including, without limitation, workers’ information and work calls made using the Software) with no liability whatsoever to you. You will be charged Subscription fees up to and including the last day of the billing period in which you terminate the Agreement. For the avoidance of doubt, Subscription fees are not refundable for any reason.
8. DEPOSIT REBATE If you terminate your usage of the Software in accordance with this Agreement, BLAMO will pay you a rebate equal to the deposit you paid in less any fees incurred, in accordance with this Agreement.
9. YOUR OBLIGATIONS You agree: (a) that you will use the Software only for lawful purposes and in accordance with this Agreement; (b) that you are fully responsible for all use of the Software; (c) that you will immediately notify BLAMO of any unauthorized use of the Software.
10. INDEMNIFICATION You and all persons you represent will indemnify, defend, and hold harmless BLAMO and its past, present and future directors, officers, employees, lawyers, agents, subcontractors, representatives, successors, permitted assigns, related persons and each of them from and against any and all claims and proceedings directly or indirectly arising from, connected with, or relating to your use of the Software or any negligence, misconduct or breach of this Agreement by you.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
BLAMO does not accept any liability for your use of the Software. For that reason, the following provisions apply to all matters arising from, connected with or related to the Software:
A) DISCLAIMERS THE SOFTWARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SEQUENCE, OR TIMELINESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLAMO MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT (A) THE SOFTWARE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
(B) THE SOFTWARE WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
(C) THE SOFTWARE WILL MEET YOUR REQUIREMENTS;
(D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE SOFTWARE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE;
(E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH ACCESS TO OR USE OF SOFTWARE;
(F) ACCESS TO AND USE OF SOFTWARE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND BLAMO DISCLAIMS ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. 12. LIMITATION OF LIABILITYNOTWITHSTANDING ANY OTHER PROVISION OF THESE SITE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL BLAMO OR ANY OF ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SOFTWARE, THE TERMINATION OF YOUR LICENSE TO THE SOFTWARE, OR YOUR CONTRACTING WITH ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE SITE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). IF, NOTWITHSTANDING THE ABOVE, BLAMO IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF BLAMO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY FEES YOU PAY TO BLAMO FOR ACCESS TO OR USE OF THE SOFTWARE OR ANY BLAMO SERVICES.
13. COMPLIANCE WITH LAW You will comply with and ensure that your use of the Software complies with, all applicable local, provincial, national and foreign laws and regulations, including without limitation all laws relating to data privacy, human rights, employment and workplace health and safety.
14. APPLICABLE LAW AND VENUE Your use of the Software shall be governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made and to be entirely performed within the Province of British Columbia (even if your use is outside of the Province of British Columbia), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims, any action at law or in equity arising out of or relating to your use of the Software and this Agreement shall be filed only in the provincial and federal courts located in British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
15. TERMINATION If your permission to use the Software is terminated by you or Company for any reason, then this Agreement will continue to apply and be binding upon you regarding your prior access to and use of the Software, and anything connected with, relating to or arising therefrom.
16. SEVERABILITY If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
17. WAIVER No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
18. QUESTIONS & CONTACT INFORMATION All other questions or comments about the Software should be directed to GetWorkers Support at: info@crewdriverapp.com