Staffy Platform Services Agreement
Last Updated 13 January 2023.
Staffy Canada Inc. (the “Company”) operates a digital platform (the “Platform”) (available at www.staffy.com and through the Staffy mobile application) that connects healthcare, hospitality and other professionals (each such individual being a “Professional” as defined below) with enterprise Clients offering short-term working opportunities.
Subject to the terms and conditions set forth in this Staffy Platform Services Agreement (together with any User Addendum incorporated herein by reference, the “Agreement”), the Company makes the Platform available to User for access and use on a remote basis via the Internet, and provides various related content, functionality, products, and services, as may be made available through the Platform from time to time (collectively, the “Platform Services”).
This Agreement governs the User’s access to and use of the Platform Services.By clicking “ACCEPT”, or by otherwise accessing or using the Platform, User agrees with Company to be bound by this Agreement as either: (i) a Professional; or (ii) a Client (all capitalized terms as defined herein). If an individual is agreeing to this Agreement on behalf of a corporation or other legal entity, such individual represents that he/she has the legal authority to bind such entity to this Agreement.
The following capitalized words and expressions have the following meanings unless otherwise expressly provided in this Agreement:
“Client” means a Person who has registered for a Client Account on the Platform in accordance with this Agreement and who accesses or uses the Platform Services for the purpose of posting Shift Postings and hiring Professionals.
“Client Account” means a User Account for use by a Client.
“Client Addendum” means addendum that contains additional terms and conditions governing Client’s access to and use of the Platform Services, which may be incorporated into and made part of this Agreement, as applicable.
“Client Content” means any content uploaded, transferred, submitted or otherwise made available by Client to the Platform or Company, including Shift Postings and other materials relating to a Shift Posting provided by the Client.
“Company Parties” means Company, its affiliates, and their respective officers, directors, employees, agents, and any other parties working for or engaged by Company or otherwise involved in connection with the operation or administration of the Platform or the provision of Platform Services.
“Contract Services” means the services provided by Professional to Client in connection with a Shift Posting.
“Documentation” means any available user guides and other documentation relating to the Platform Services made available (regardless of form) by Company.
“Login Credentials” has the meaning given to it in Section 2.2.
“Hosting Provider” has the meaning given to it in Section 4.3.
“Parties” means the Company and the User that has entered into this Agreement, with each being referred to respectively as a “Party” to this Agreement.
“Person” means an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity.
“Platform Enhancements” means any and all improvements, modifications, upgrades and updates (including revisions, patches, improvements, modifications, enhancements, corrections and new releases) to the Platform Services, including those designed to improve the capabilities or performance of the Platform Services and third-party tools.
“Platform Service Fee” has the meaning given to it in Section 6.2. For certainty, Platform Service Fees include any transaction fees or other fees charged by any third-party payment processors.
“Professional” means a Person who has registered for a Professional Account on the Platform in accordance with this Agreement and who accesses or uses the Platform Services for the purpose of responding to Shift Postings posted on the Platform by Clients and performing Contract Services for Clients.
“Professional Account” means a User Account for use by a Professional.