These Connecc Terms of Service (the “Terms of Service” or the “Terms”) constitute a legally binding agreement between the User (defined below) of the Platform (defined below) (“you” or “your”) and Connecc (together with its Affiliates (defined below), “Connecc”, “we”, “us” or “our”) governing your use of Connecc’s websites (including www.connecc.app, www.conneccapp.com) (together, the “Sites”), mobile applications (together, the “Apps”), and related services, information and communications (collectively referred to herein as the “Platform” or the “Connecc Platform”).
The use of all personal data you submit to the Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”).
These Terms, together with the Privacy Policy governs your access to and use of the Platform. The Agreement also includes all other supplemental policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into the Agreement by reference.
FOR U.S. AND CANADIAN USERS, SECTION 24 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST CONNECC TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE AGREEMENT (INCLUDING, ALL TERMS INCORPORATED HEREIN BY REFERENCE).
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
THE PLATFORM
A. Online Marketplace.
The Platform is an online web- and app-based two-sided marketplace which enables connections between Clients and Service Providers. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Job(s)”), and “Provider(s)” are businesses seeking to perform Jobs for Clients. Clients and Providers are referred to herein together as “User(s)”.
Providers are independent business owners, providing services under their own name or business name (and not under Connecc’s name), using their own tools and supplies. Providers choose the applicable rates for Jobs, without deduction by Connecc. Providers may (a) maintain a clientele without any restrictions from Connecc; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Service Agreements (defined below). Providers are independent contractors of Clients, and Clients are therefore clients of Providers, not Connecc.
Any reference to a Provider being licensed or credentialed in some manner, or being "badged”, “reliable”, “reliability rate”, “elite”, “great value”, "background checked", “vetted” (or similar language) indicates only that the Provider has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Providers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Connecc of a Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
Notwithstanding any feature or service of the Platform that a Client may use to expedite Provider selection, the Client is responsible for determining the Job and selecting or otherwise approving their Provider and should undertake their own research prior to booking any Job to be satisfied that a specific Provider has the right qualifications.
B. Connecc’s Role.
The Platform is not an employment agency service or business, and Connecc is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Connecc.
Users hereby acknowledge and agree that (a) Connecc does not (i) perform Jobs nor employ individuals to perform Jobs, (ii) supervise, scope, direct, control or monitor Providers’ work (including that Connecc does not set Providers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Providers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Connecc, nor any employment or other relationship between Connecc and the Users or between the Client and the Provider. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Connecc (including that Providers may not modify all or any part of the Connecc fees (see Section 3 below).
Connecc is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Provider assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security or National Insurance Contribution withholdings as to the Provider and all persons engaged by the Provider in the performance of the Job Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
C. License.
Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms and Connecc’s Acceptable Use Policy), Connecc grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Users are subject to, and agree to comply with, the Acceptable Use Policy in their use of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Connecc’s prior written consent. Any rights not granted by Connecc are expressly reserved.
D. User Representations and Warranties.
In your access to and use of the Platform, you represent and warrant that you:
will comply fully with the terms of the Agreement, including, without limitation, these Terms;
- are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
- will only request and/or perform (as applicable) Jobs in a country where the Platform has a presence;
- will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or Connecc without obtaining the prior written consent of Connecc and/or the relevant User, as applicable;
- will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users);
- will only utilize the third-party PSP (as defined in the Fees, Payments and Cancellation Supplemental Terms) to make or receive payment for Jobs;
- will use your legal name and/or legal business name (as per your government-issued identification and registration documents) and an up-to-date photo on your profile;
- will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
- will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
- will ensure that all communications regarding Jobs (including, without limitation, scoping and payments and any questions relevant to Jobs), remain on the Platform, before, during and after the Job.
E. Additional Provider Representations and Warranties.
If you are a Provider, you additionally represent and warrant that, in your access to and use of the Platform, you:
- are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform;
- are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform, and maintain an independent clientele;
- have the unrestricted right to work in the jurisdiction in which you perform Jobs;
- have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Jobs (including, as applicable, a business license, business tax registration, and/or contractor’s license);
- have and will maintain all insurance required to operate your business and perform the Jobs;
- will respond to invitations promptly; provide timely, high-quality services for your Clients as agreed in the Chat Thread (defined below); only offer and provide Jobs for which you have the necessary expertise to perform; and perform the Jobs as agreed upon with your Client in a safe manner; and
- will promptly disclose to Connecc in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.
USE OF THE PLATFORM
A. Registration.
You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Connecc of any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Connecc by texting STOP to any text message sent to the retiring phone number. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Connecc’s termination of this Agreement with you. Connecc may restrict anyone from completing registration if Connecc determines such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.
B. Account Security.
You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Connecc has no control over any User’s account. You agree to notify Connecc immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.
C. Provider Onboarding
(i) Background Checks. To the extent permitted by applicable law, Providers may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”). If a Provider, to the extent permitted under applicable law, you agree to undergo such Background Checks. Connecc cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.
(ii) Professional Licensing. Connecc does not independently verify that Providers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Jobs. It may be unlawful to perform certain types of Jobs without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Providers are solely responsible for avoiding such prohibited Jobs. If you have questions about how national, state, provincial, territorial and/or local laws apply to your Jobs on the Platform, you should first seek appropriate legal guidance. Clients are solely responsible for determining if a Provider has the skills and qualifications necessary to perform the specific Job and confirming that the Provider has obtained all required licenses, permits, or registrations, if any. Clients may wish to consult their national, state, provincial, territorial and/or local law requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional.
D. Service Agreement.
The Platform allows Users to offer, search for and book Jobs. After identifying and selecting a Provider to perform a Job, the Client and the Provider may communicate via the chat thread in the Platform (the “Chat Thread”) to understand the scope, schedule and other details of the Job (including, without limitation, any specific hazards, obstacles, or impediments in the Job location (whether visible or concealed) that may impact the performance of the Job). Once the Job is scheduled via the Platform by the Provider, the Client and Provider form a legally binding contract for the Job, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Client and the Provider in the Chat Thread for the Job (the “Service Agreement”). The Client and the Provider each agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a Job. Providers are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs; and acknowledge that there is a chance for individual profit or loss. Connecc is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Connecc.
E. Other Parties
(i) Provider Assistants. Where approved in advance by the Client in the Chat Thread for the Job, Providers may engage assistants, helpers, subcontractors or other personnel (“Pro Assistant(s)”) to perform all or any part of a Job; provided that such Pro Assistants have registered through the Platform and meet all of the requirements applicable to the Provider as set out in the Agreement. The Provider assumes full and sole responsibility for the acts and omissions of all Pro Assistants used in its performance of Jobs and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its Pro Assistants, (b) all required and applicable tax withholdings as to such Pro Assistants, and (c) ensuring all Pro Assistants are registered Providers on the Platform.
(ii) Client Agents. The Client agrees that if they have authorized someone other than the Client to book a Job on their behalf or to be present in their stead when the Job is performed, the Client is appointing that person as their agent (“Client Agent(s)”), and the Client is deemed to have granted to the Client Agent the authority to act as their agent in relation to the applicable Job. Client Agents may direct or instruct the Provider’s performance of the Job, and the Provider may follow such direction as if the direction was given by the Client. The Client assumes full and sole responsibility for the acts and omissions of Client Agents.