Terms of Service

Terms of Service Last Updated: August 8, 2022

YaHired Inc. Terms

YaHired Inc. ("YaHired", "we", "us" and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these "Terms"). In these terms we call this web site, any successor web sites (together, the "Site") and the software we provide (including the Site and any mobile applications we provide) the "Application". We refer to the services provided by the Application as the "Services".

Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services. The Services are not intended to be used by children. You must be at least of the age of majority in your local country and state, to use the Services.

General

In these Terms, users of the Services who are looking for temporary contract support (whether they are individuals or companies or others) from support personnel are referred to as "Contractee", while users of the Services who are using the Services to search for temporary work opportunities are referred to as "Contractor". These Terms use the expression "Customer" to refer to all users of the Services, whether they are Contractors or Contractees, and all users of the Services, whether they be Customers or unregistered casual browsers of the Application, are referred to in these Terms as "Users".

YaHired reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. You must check these Terms of Service frequently and pay attention to any changes. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation) and except also, in the case of Contractee, for charges for placement of Contractors before termination and also except as described in Section 3. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Application, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

YaHired is not an employment or placement agency – rather it is a tool that allows Contractors to find and book employment opportunities, typically short-term and short-notice, using a self-service platform. YaHired charges a fee to the Contractee for each placement of Contractor into temporary positions.

1. Privacy Policy.

Please refer to YaHired’s privacy policy, available at www.yahired.com/privacy (the "Privacy Policy") for information on how YaHired collects, uses and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; Account Security.

If you register for an account on the Application, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to YaHired, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to YaHired. You are responsible for all activity on your YaHired account, and for all charges incurred by your YaHired account. You agree that all other information you enter into the Application will be accurate and truthful, and that you have all necessary rights and authority to do so.

3. Fees and Charges; Taxes.

Currently, we do not charge any fees to Contractors for the use of the Services. The only fees that we charge to Users for the Services are charged to Contractees. Fees and any other charges for the use of the Application are described on the Site. They may change from time to time. If we change them, we will notify you. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will be applicable after the effective date of the change, and will not be applicable to any placements before the date of the change. Your obligation to pay fees due to us survives any termination of your account or these Terms.

Please note that the placement fees charged to Contractees for the Service apply to any temporary placement of any Contractor registered with us to whom the Contractee was introduced through the Application whether that placement is arranged through the Application or not and for any such placement even if it occurs after the termination of the Contractees account or these Terms, and if you are a Contractees and you do any such temporary placement outside of the Application you hereby authorize us to charge the applicable fee to your usual method of payment. Both the Contractors and the Contractees are required to promptly notify us of any such placement arranged other than through the Application, and failure to do so may result in termination of your account. For clarity, the payment obligation survives any such termination.

YaHired is not responsible for paying Contractors, that responsibility is on the applicable Contractee. YaHired does not warrant or guarantee payment to Contractors by the applicable Contractee. Contractors are responsible for documenting their hours, rate of pay, date of birth, Social Insurance Number and other information the Contractee requires to process payment, prior to leaving the Contractee premise.

The Contractee and the Contractor is responsible for all taxes applicable to the fees and charges for the Services in any applicable jurisdiction.

Regarding Delinquent Payments to Contractors

YaHired is not responsible for any unpaid payments owed to the Contractor by the Contractee. Contractors are paid directly by the Contractee as independent contractors. At the time of posting a temp shift, the Contractee specifies the payment terms for the shift. If the Contractee is delinquent or delayed delivering payment to the Contractor, YaHired may at its sole discretion, terminate the account of the Contractee.

YaHired Affiliate Program

By using, sharing, or otherwise distributing a YaHired Affiliate Link, you are participating in YaHired Affiliate Program and agree to the Terms of Service of YaHired Affiliate Program.

Regarding Short-Notice Shift Cancellations by Contractee

If a Contractee has a booked and confirmed shift and cancels the shift with less than 24hrs of notice, the Contractee agrees to pay to the Contractor the full payment amount that was agreed for the shift. The Contractee also agrees to pay the full placement fee owed to YaHired.

Regarding Multiple Accounts

Contractees are restricted to one account per business. Creating or attempting to register multiple accounts by the same business may result in permanent removal/ban from the service. Contractors are restricted to one account per individual. Creating or attempting to register multiple accounts by the same individual may result in permanent removal/ban from the service.

Regarding SMS Messages

YaHired sends out SMS notifications for confirmation of booked shifts. Depending on mobile carriers, SMS text message fees may apply which are the sole responsibility of the user.

4. Ownership, Copyright and Trademarks.

In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users is called "User Content". For example, information provided by a Contractee about that Contractee’s business or a rating provided about a particular Contractor is User Content of that Contractee, and information provided by a Contractor about their work history or a rating provided about a particular Contractee is User Content of that Contractor. User Content is that User’s property and their responsibility. YaHired’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 16 of these Terms.

Other than the User Content, the Services, all Content, the Application and all software available on the Services or used to create and operate the Services is the property of YaHired or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by YaHired.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. You acknowledge that the ratings you give using the Application may be viewed by other Users, and you agree to act responsibly when you review or rate any other person using the Services. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you use the Services in a manner that permits third parties to view or otherwise access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for your provision or their use of such User Content.

5. Your Limited License of Your User Content to YaHired.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. For example, if you post information about your business on the Application, or post a review about another User, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant YaHired and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 6 of these Terms. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. Please note that if you are a Customer, you can use the Application to display certain information about yourself to other Users. Please see the Site for more information about controlling the sharing and visibility of that information to other Users. Please also note that in certain contexts the Application allows other Users to post reviews or ratings of you and/or your business. Again, please see the Site for more information about these features.

6. Our Limited License of Content to You.

YaHired grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by YaHired at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact YaHired at the address set out at the bottom of these Terms.

7. Use of Interactive Areas and the Services.

The Services may include discussion forums, bulletin boards, review services or other forums in which you or other Users may post reviews or other content, messages, materials or other items on the Services ("Interactive Areas"). If YaHired provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

Content that, in the sole judgment of YaHired, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose YaHired or its affiliates or its users to any harm or liability of any type.

Finally, YaHired has a "zero-tolerance" policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

8. Providing a Reliable and Secure Service.

If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be "best-of-class" hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

9. No Responsibility for Third-Party Services, Sites or Content.

As a service to our users, the Application may contain links to third-party Web sites ("Third-Party Sites") or third-party content ("Third-Party Content") and may provide access to third-party services ("Third-Party Services"), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the "Third-Party Materials") or Third-Party Services at your own risk. YaHired makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply YaHired’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. YaHired accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You also acknowledge that YaHired is not responsible for the acts or omissions of any other User, including for clarity any person you engage through the Services or by whom you are engaged through the Services, and that we make no representation or warranty about any other User. If you are engaging the services of a person or being engaged by a person through the Application you acknowledge that it is your responsibility to enter in appropriate agreements with them concerning that engagement.

10. Advertisements and Promotions.

YaHired may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than YaHired, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. YaHired is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

11. Warranty Disclaimer.

The Application, the Content and the Services are provided to you on an "as is" basis without warranties from YaHired of any kind, either express or implied. YaHired expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. YaHired does not represent or warrant that the Application, the Content or the Services are accurate, complete, reliable, current or error-free. While YaHired attempts to make your access to and use of the Services safe, YaHired does not represent or warrant that the Application, the Content or the Services are free of viruses or other harmful components. YaHired makes no representation or guarantee that any Contractor opportunities through the Service will be available or acceptable to you.

12. Limitation of Liability; Indemnity.

Without limitation of the foregoing, neither YaHired nor its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") shall be liable for any punitive, aggravated, special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Application, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Application, the Content or the Services or other information obtained from YaHired or any other Released Party or accessible via the Application, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to YaHired or any other Released Party’s records, programs or services. In no event shall the aggregate liability of YaHired, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application, the Content or the Services exceed the lesser of CDN$100, and any compensation paid by you for access to or use of the Application, the Content or the Services, as the case may be, during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless YaHired and the other Released Parties from any injuries, losses, damages of any kind (whether compensatory, direct, incidental, consequential or otherwise) (collectively, "Losses") arising out of (i) your breach of these Terms or of any of our policies, rules, guidelines or standards; (ii) your use of the Application, the Content or the Services (including from the use of the Application, the Content or the Services by any person to whom you give access to your account); (iii) your interactions with any other User including any Losses suffered as a result of that interaction; (iii) your improper use of our Application, the Content or the Services; and (iv) your breach of any laws, regulations or third party rights. For clarity, this indemnity includes (x) an indemnity by each User who is a Contractor, or a Contractee for Losses, including the loss of business production, due to the failure of that Contractor or Contractee to keep a booking arrangement, and (y) an indemnity by each User who is a Contractor or Contractee for Losses, including loss of income by business Personnel, due to the failure of that Contractor or Contractee to keep a booking arrangement of that Contractor or Contractee, including but not limited to travel expenses of that Contractor or Contractee.

13. Communications.

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice in the dashboard area of your account on the Application, or post the notice elsewhere on the Application. When we post notices on the Application, we post them in the area of the Application suitable to the notice. It is your responsibility to periodically review the Application for notices.

Subject to the Privacy Policy, if you send to YaHired or post on the Application in any public area any information, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that YaHired can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Application or send them to us.

14. Applicable Law and Venue.

The Services are controlled by YaHired and operated by it from its offices in Ontario, Canada. You and YaHired both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and YaHired explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application, the Content or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving YaHired and arising out of or relating to (a) these Terms; (b) the Application, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Application, the Content or the Services; or (d) the relationships that result from these Terms or the Application, the Content or the Services (collectively, a "Claim"), will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify YaHired and the other Released Parties for your failure to comply with any such laws.

15. Termination/Modification of License and Site Offerings.

Notwithstanding any provision of these Terms, YaHired reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

16. Inactive Accounts; Termination of Agreement.

If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at help@YaHired.ca. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You and YaHired may terminate your use of the Services including your account with us and these Terms at any time. If you terminate your account with us you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination) or for any Services rendered before the date of termination, as the case may be. As noted in Section 3, your obligation to pay fees survives any termination of your account. When your YaHired account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Application such as a blog, forum, or reviews, which may remain on the Application after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 3, 4, 9, 11, 12, 14, 16, 17, 18, 19 and 20 and any representation or warranty you make in these Terms, shall survive indefinitely.

17. Personnel as Independent Contractors, Etc.

All Contractors are considered independent contractors in relation to YaHired, and with respect to their interactions with each other as a result of their use of the Services, also in relation to each other (except, with respect to their relationship to each other, to the extent they agree otherwise), and not as employees or agents thereof. Payments to Contractors are made directly to them by the applicable Contractee, and not by YaHired.

18. Relations Among Users and YaHired.

YaHired makes no representation, warranty, covenant or guarantee with respect to the qualifications, credentials, competence or license status or registration/ license number of any User. YaHired does not verify the validity of Contractor certifications and qualifications, and the entire responsibility of verifying the credentials and license status of a User you deal with through the Services falls solely and exclusively with the Contractee, and YaHired has no liability whatsoever, even if we fail to make any effort to verify the qualifications, credentials, competence or license status of that User. It is up to the Contractee to request a registration/license number from an individual Contractor and verify that information.

In addition, Contractors are responsible for familiarizing themselves with and following the infection control protocols of the applicable Contractee, and are responsible for their own actions when at the Contractee’s business or office, and for following proper infection control guidelines. If the Contractor is uncomfortable with any of the infection control protocols of a Contractee’s business, it is the Contractor’s responsibility to address that issue, including by refusing to work there. You are responsible for your conduct in relation to YaHired and other Users. In particular, if you cancel any engagement you secure through YaHired without the minimum notice required by YaHired or the other User, we reserve the right to suspend or terminate your access to the Services.

If a Contractor finds an engagement with a Contractee through YaHired they must immediately inform YaHired of any additional temporary, maternity, sick -leave, or permanent employment opportunities accepted by them from that Contractee (or any related or associated office) within a period of 8 months subsequent to the last day of that original engagement.

19. Miscellaneous.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. YaHired may assign any or all of its rights and/or obligations hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of YaHired, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and YaHired regarding your use of the Application, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and YaHired regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

20. Alberta Employment Agency Business Licensing Regulation.

This Section 20 applies to any Contractor who is an "individual" as described in Section 10(1) of the Alberta "Employment Agency Business Licensing Regulation":

Fee Prohibition. Section 12 of the Employment Agency Business Licensing Regulation prohibits an employment agency business operator from directly or indirectly demanding or collecting a fee, reward or other compensation (a) from an individual who is seeking employment or from another person on that individual’s behalf, (b) from an individual who is seeking information respecting employers seeking employees or from another person on that individual’s behalf, (c) from an individual for securing or attempting to secure employment for the individual or providing the individual with information respecting any employer seeking employees or from another person on that individual’s behalf, or (d) from an individual for evaluating or testing the individual, or arranging for the individual to be evaluated or tested, for skills or knowledge required for employment, where the individual or employment is in Alberta, or from another person on that individual’s behalf.

Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us here: E-mail: info@YaHired.ca

This Agreement may be executed in any number of counterparts (including counterparts transmitted by facsimile or e-mail transmission of Adobe Acrobat PDF files), each of which shall be deemed to be an original, but all of which taken together shall be deemed to constitute one and the same instrument. Checking the Agreement box in the YaHired platform is considered binding and accepted that this agreement has been read in full and agreed upon without condition.

We reserve the right to block or remove any Contractors, Contractee, or User at any time at our discretion. Note: a Contractors, Contractee, or User who is blocked/penalized due to a shift cancellation may provide documentation validating that their cancellation was related to a disability which YaHired may consider in determining whether to waive the block.

Regarding payments – Contractee pays Contractor directly. YaHired does not guarantee payment, and payment does not come from YaHired.

Regarding resume uploads and submission for Custom Offers: When you submit an offer to work a shift, that business can view your uploaded resume. We try to remove contact information from resumes (e-mail and phone numbers). We do this for 2 reasons:

1. In an effort to help protect your privacy

2. To minimize the occurrence of "off-platform" arrangements. Most Contractees use YaHired as intended, but there are some unscrupulous Contractees that post a shift, collect resumes through Custom Offers, then cancel the posting and contact the Contractor directly from the resume contact information, to avoid the placement fee. This is a violation of our Terms of Service. To avoid this, when you upload your resume, we remove contact information.

This is a manual process and we make no assurances that your contact information will be accurately or completely removed. You are accepting that any/all information contained in your submitted documents can be viewed by Contractees, and that we can’t make any guarantees or assurances of the confidentiality of the information once you submit an offer to a Contractee, or that the Contractee will keep your information confidential.

Regarding Contractor canceling booked/confirmed shifts. We reserve the right to block or remove any Contractor at any time at our discretion. Note: a Contractor who is blocked/penalized due to a shift cancellation may provide documentation validating that their cancellation was related to a disability which YaHired may consider in determining whether to waive the block.