Welcome to Indeed Flex+ Guidelines
Welcome to Indeed Flex+! The Indeed Flex+ Service is an online platform which allows businesses (each such business being the “Client”) to connect with and manage a pool of workers sourced by and employed by the Client (“Workers”) by posting, offering and managing engagements for the provision of services known as “shifts”. These Indeed Flex+ Guidelines (the “Indeed Flex+ Guidelines”) govern the use by a Client’s Workers of the Indeed Flex+ platform. Indeed Flex+ is separate and distinct from Indeed Flex (“Flex”) which is an external online platform (https://indeedflex.co.uk/ in the United Kingdom or https://indeedflex.com/ in the United States) that connects Clients looking to engage external temporary staff supplied by Indeed Flex (“Flexers”) on an ad hoc basis to meet particular requirements, such as covering events.
Flexers are subject to a separate set of terms and conditions which govern the use by Flexers of the services offered by Flex and the terms and conditions on which Flexers are supplied to Clients (in United Kingdom, the “Indeed Flex Community Guidelines”; in the United States the “Flexer Terms and Conditions”). Consequently, if a Client engages Flexers through the Indeed Flex+ online platform:
- the Indeed Flex Community Guidelines or Flexer Terms and Conditions (between Indeed Flex and each Flexer) govern Flex’s agreement with Flexers; and
- the Indeed Flex Terms and Conditions (the “Terms of Service ”) (between Indeed Flex and the Client) govern Flex’s supply of Flexers to the Client.
SECTION 1 – TERMS FOR WORKER USE OF THE PLATFORM
Section 1 of these Indeed Flex+ Guidelines are a contractual agreement between Flex and a Worker which govern use by the Worker of the technology services provided by Flex to Clients via Flex’s Indeed Flex+ website, web application (accessible via the following URLs https://portal.syftforce.com/ or https://portal.indeedflex.com/, as applicable by location) and mobile applications (iOS and Android). Such services, website and mobile applications are hereinafter together referred to as the “Service”. In the United States of America, the Service is operated by Indeed Flex, Inc. 6433 Champion Grandview Way, Austin, Texas 78750. In the United Kingdom, the Service is operated by Syft Online Limited of One Smart’s Place, 1st Floor, London, WC2B 5LW, UK (company registration number: 09372516) referred to as “Syft”, “we”, “our”, “us” and the “Company”.
Flex reserves the right, from time to time, with or without notice, to change these Indeed Flex+ Guidelines at its sole discretion. The latest version will be made available on the Service with the date that it was last updated. Flex will notify Workers by way of notice on the Indeed Flex+ online platform when any changes are posted. By using the Service after any changes have been posted, the Worker agrees to the new terms.
1. Definitions and Interpretation
1.1 The following definitions and rules of interpretation apply in these Indeed Flex+ Guidelines:
“Account” means the Indeed Flex+ account a Worker opens when registering to use the Indeed Flex+ Service, having been provided with login credentials and on-boarding information by a Client;
“Assignment” means a description of work required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of that work;
“Engagement” means the engagement by a Client of a Worker, facilitated via the Service, to provide services, or arrange the provision of services, for the duration of a Shift for the Client in respect of any Assignment;
“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;
“Shift” means one or more recurring periods in which a Worker provides services, or arranges the provision of services, in respect of an Assignment for the Client in relation to a single Engagement;
“Worker Content” means applications for assignments (which may include, for example, pictures, text, information and/or other types of content);
In these Indeed Flex+ Guidelines headings (including any sections and subsections) are for convenience only and do not affect interpretation.
2. User Accounts
2.1 Workers are required to create an Account in order to use the Service. By creating an Account, a Worker confirms that they are aged 18 or over and are legally capable of entering into binding contracts. The Client will provide the Worker with login credentials and on-boarding information.
2.2 All Worker Accounts are associated with individuals. All Workers are responsible for their Accounts, including making sure that all Worker details are correct and kept up-to-date and for ensuring that their password is secure. If a Worker has any reason to believe their Account is being unlawfully used by anyone else, the Worker must immediately contact the Client who provided your login credentials and notify Flex by emailing firstname.lastname@example.org (in the United States) or email@example.com (in the United Kingdom).
2.3 If the Worker has any problems creating an account, logging into their Account or updating their details, the Worker should have a look at our FAQs or in the first instance contact the Client Staffing Team or alternatively contact firstname.lastname@example.org (in the United States) or email@example.com (in the United Kingdom), stating that the Worker is a Indeed Flex+ User and providing the name of the Client that provided the Worker with access.
3. Content on our Service and liability
3.1 Flex may change or remove content, functionality or parts of our Service at any time.
3.2 The legal rights (including the intellectual property rights) in the Indeed Flex+ Service and any content on it is owned by Flex or licensed to Flex by third parties. Flex and by extension the Indeed Flex+ Service and content is protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Guidelines, nothing on our Service grants the Worker any licence or right to use, alter or remove such material. The Worker may not use our trade marks, logos or other intellectual property without our prior written approval.
3.3 From time to time, our Service may include links to other websites, applications or web properties. These links are provided for the Worker’s convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.
3.4 We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), the Worker accepts that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
3.5 The Worker’s access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
3.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
3.7 To the extent permitted by law, Flex excludes all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
3.8 In no event shall Flex be liable for any claim, damage, or loss which may be incurred by the Worker as a result of any of transaction involving the Service (including participation in any of Engagement).
3.9 The Worker agrees to indemnify and keep indemnified Flex, each of Flex’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against Flex by any third party due to or arising out of the Worker’s negligence, misrepresentation or breach of these Indeed Flex+ Guidelines, or their infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.
3.10 Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice.
4. User Licence
4.1 We allow Workers to use the Service to submit applications for Assignments with the Client in accordance with Client requirements (which may include, for example, pictures, text, information and/or other types of content) (the “Content”).
4.3 The Worker irrevocably and unconditionally waives any and all moral rights in any Content.
4.4 The Worker is solely responsible for their Content, the accuracy of same and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein.
4.5 By uploading and publishing Content the Worker warrants, represents and undertakes that the Worker is the creator and owner of the Content, has the right to grant Flex and the Client the rights contained in these Indeed Flex+ Guidelines and that the Worker will comply with all their obligations regarding uploading content to our Service including without limitation those set out at clause 5.1 below. The Worker warrants that the Content is accurate and complete in all material respects and has (and will continue to have during their use of the Service) all necessary licences, rights, consents and permissions that are required to enable use of the Worker’s Content as contemplated by these Indeed Flex+ Guidelines.
5. The Worker’s use of our Service
5.1 The Worker agrees that he/she/they will not:
- impersonate any other person, conduct himself/herself/themself in an offensive or abusive manner, or use the Service for any unlawful purposes;
- advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service
- use virtual private networks, false email addresses or any other means to mask his / her identity;
- attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- disable or modify any copy protection technology used on the Service;
- abuse or manipulate the rating/review system on the Service;
- alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
- collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
- upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
- upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
- do or omit to do anything which would bring us, the Service, our suppliers or other Indeed Flex+ users into disrepute or in any way damage our or their reputation;
- interfere with another Indeed Flex+ user’s use and enjoyment of the Service in any other manner that could damage, disable, overburden or impair the Service;
- otherwise use the Service in violation of these Indeed Flex+ Guidelines; or,
- treat anyone with whom the Worker interacts in the course of using the Service or while performing any Engagement less favourably because of race, sex, disability, age, sexual orientation, religion, belief, ethnic or national origin, or any other legally protected ground;
5.2 Flex may suspend, restrict or terminate the Worker’s Account and/or his / her access to the Service, with prior agreement from the Client, if Flex has reason to believe that the Worker has breached these Indeed Flex+ Guidelines. This does not limit Flex’s right to take any other actions against the Worker that Flex considers appropriate to protect its rights.
5.3 The Worker acknowledges that they will be given feedback by the Client to whom the Worker has provided services. The Worker acknowledges that that feedback will consist of ratings and reviews left by the Client and that these ratings and reviews may be displayed on the Worker’s profile.
6. Terms of Assignments
6.1 Flex does not review, approve, recommend or verify any of the credentials, licences or statements in relation to Assignments posted by any Client on its Services. Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by a Client.
6.2 In respect of each Engagement, the Worker shall be engaged by the Client under such terms as may be agreed between the Worker and the Client, but which Flex understands ordinarily to be a casual worker contract. For the avoidance of doubt Flex is not a party to any such agreement, which is a matter for the Worker and the Client alone. Flex’s role is limited to providing the platform and matchmaking Service which facilitates Workers and Clients in agreeing upon such Engagements. The Worker is neither an employee nor a worker / dependent contractor engaged by Flex. The Worker is not an agent of Flex and has no right to make contracts or enter any engagements on its behalf. To the extent that such control is exercised, the Worker acts for and under the control of the Client for the duration of each Engagement. Flex and its Group Companies are not responsible for and bear no liability in relation to the actions, omissions, negligence or misconduct of Workers or the Client in relation to any Engagement or the Indeed Flex+ Guidelines generally. Flex has no responsibility for any other aspect of service delivery or interaction between Workers and Clients.
7. Accepting Engagements
7.1 Workers are not obliged to apply for any Assignments and, upon applying for an Assignment, are not obliged to accept any subsequent Engagement which may be offered. Similarly, the Client is not obliged to make any Assignments available to any Worker or to offer the Worker any Engagements. The Client’s Terms with the Worker govern any Engagement which a Worker agrees to undertake and the cancellation of such Engagement.
8. Data Protection
8.2 By using the Service, the Worker may be required by the Client to provide a photograph of himself or herself that may be used by the Client for identification and security clearance purposes; for example, if an Engagement requires security clearance, Flex may request a Worker to supply a photograph and provide this to the Client which may pass on necessary details to the relevant authorities.
9. Immigration Compliance
9.1 The Client may be obliged to confirm that the Worker has the legal right to work in the place of employment. The Worker’s use of the Service is subject to and conditional upon the Worker being at all times authorized to work in the location of employment by and the Worker’s ability to provide legally sufficient evidence to satisfy right to work regulations in the location of employment. The Client may terminate the Worker’s right to use the Service if at any stage the Worker loses his or her right to work in the location of employment.
10.1 If the Worker does not use the online platform for more than six months Flex will be entitled to remove the Worker’s profile from the Service and archive it on the Indeed Flex+ online platform.
10.2 Either the Worker or Flex may terminate this contract (and, in Flex’s case, access to the Indeed Flex+ platform) with immediate effect upon notice to the other party at any time and for any reason.
11. Other Important Terms
11.1 If any provision or part-provision of these Indeed Flex+ Guidelines is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Indeed Flex+ Guidelines.
11.2 Nothing in these Indeed Flex+ Guidelines is intended to, or shall be deemed to, establish any partnership or joint venture between the Client, Flex and any Worker, constitute either the Client, Flex or any Worker the agent of the other, or authorise either the Client, Flex or any Worker to make or enter into any commitments for or on behalf of the other.
11.3 These Indeed Flex+ Guidelines are between the Worker and Flex. Save for Flex’s Group Companies and the officers, directors, agents and employees of Flex and its Group Companies upon whom rights are conferred by these terms (and who may enforce those rights directly against the Worker), and where applicable a Client, no other person has any rights to enforce any of its terms.
11.4 The Worker may not assign, sub-licence or otherwise transfer his or her rights or obligations under these terms to anyone else. The Worker agrees that Flex may assign or transfer any of its rights or obligations under these terms.
11.5 If Flex delays exercising or fails to exercise or enforce any right available to it under these Indeed Flex+ Guidelines, such delay or failure does not constitute a waiver of that right or any other rights under these Indeed Flex+ Guidelines.
11.5 These Indeed Flex+ Guidelines, together with any documentation referenced within them, constitute the entirety of the agreement between the Worker and Flex.
11.6 Any notice or other communication given to a party under or in connection with these
Indeed Flex+ Guidelines shall be in writing and shall be (i) delivered by hand or by pre-paid first- class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Worker’s Account. Notices will be deemed given 24 hours after the email is sent (if sent by email) or the third day after the date of mailing (if sent by post).
In the United Kingdom, these Indeed Flex+ Guidelines are governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes. In the United States of America, these Indeed Flex+ Guidelines are governed by and interpreted in accordance with the laws of the State of Texas, United States of America.
Contacting Flex. In the United States, Flex’s office is located at 6433 Champion Grandview Way, Austin, Texas 78750. In the United Kingdom, Flex’s office is located at One Smart’s Place, 1st Floor, London, WC2B 5LW. The office is open Monday and Friday from 9.30 AM – 6:00 PM by appointment only. Please feel free to contact us by email firstname.lastname@example.org (in the United States) or email@example.com (in the United Kingdom).