General terms and conditions (Gig workers)
- Scope of Validity of these Terms and Conditions
- Unigigster Limited a subsidiary of Vida Technologies Limited (hereinafter, “Unigigster”) maintains on its websites and the mobile application (hereinafter, “Platform”) in which registered participants / students (hereinafter, “Gig worker”) may apply for, get accepted and execute advertised tasks.
- These general terms and conditions (hereinafter and as amended and in effect from time to time, “Terms”) apply to and define the contractual relationship between Unigigster and the Gig workers. Deviations from, or amendments or supplements to, these Terms will be valid and effective with the consent of Unigigster. Individual or special agreements between Unigigster and specific Gig workers will take precedence over these general Terms.
- Unigigster is entitled to amend, supplement or replace these Terms. Unigigster will advise Gig workers of any amendments, supplements or replacements of these Terms by e-mail, via the mobile application, or in writing. Each Gig worker is hereby expressly advised that any such amendment of these Terms will become legally binding and incorporated into the contractual relationship between each such Unigigster and Gig worker unless any such Gig worker objects in writing or by e-mail to any such amendment, supplement or replacement within one (1) calendar week of notification thereof to Unigigster.
- Establishment of a User Account
- In order to use the platform, each prospective Gig worker is required to establish a free user account with Unigigster. Any prospective Gig worker must be at least 18 years old. Prospective Gig worker shall have no legal entitlement to require Unigigster to accept their applications to establish a user account and Unigigster shall be entitled to accept or reject any such application by a prospective Gig worker in its sole and absolute discretion.
- Each prospective Gig worker shall, in applying for a user account, be required to provide requested personal data in an orderly, accurate and truthful manner. Unigigster reserves the right to request and require appropriate documentation or other proof of the personal information provided by any prospective Gig worker prior to accepting any such application for a user account.
- Each Gig worker is required to update and maintain the accuracy of all data provided and to undertake any necessary changes immediately and without delay. Unigigster will provide Gig worker with a mechanism in the platform to make such changes (if any) themselves. Unigigster will not be responsible for its inability to contact any Gig worker who fails to update their personal information.
- Each prospective Gig worker shall be required to choose and provide an email ID, Mobile number and password to establish a user account. Each Gig worker shall be responsible and required to maintain the confidentiality of his/her password.
- Unigigster does not permit any person to establish a user account on behalf of third parties. Gig worker are prohibited from establishing or maintaining more than one user account.
- Unigigster shall be entitled to enter into framework contracts with any person or entity (regardless of legal form) with respect to the use of the platform. Any such person or entity shall thereby be entitled itself or through employees to make offers pursuant to Section 3, below. However, any such person or entity shall be required to ensure that its individual employees may be definitively and discretely identified by Unigigster.
- Acceptance by Unigigster of an application by a prospective Gig worker to establish a user account shall not give rise to an additional contractual relationship between any such Gig worker and Unigigster.
- Unigigster reserves the right to expunge and delete the user account of any Gig worker and to terminate its contractual relationship with any such Gig worker if she/he violates these Terms and/or violates any other obligations arising from this contractual relationship. In the event thereof, any such Gig worker will receive payment of any amounts recorded in his / her user account in respect of services rendered.
- Gig worker shall be entitled to delete and expunge their user accounts on the platform at any time on their own initiative. Notwithstanding the foregoing, any information or data legally required to be maintained (such as, for example, invoices and credits) will be expunged and deleted only on expiration of applicable legal requirements.
- Gig worker Offers / Use of the platform
- Unigigster will present gigs in the platform together with any applicable conditions relating thereto (in each case only as an “invitation to submit an offer”). On acceptance and establishment of their user accounts, Gig workers may review gigs that correspond to their interests. Gig workers may submit offers to Unigigster to undertake gigs subject to the conditions set forth in the applicable gig description. Unigigster is not required to accept any such offer(s). Consequently, submission by Unigigster of project descriptions in the platform shall not constitute binding offers by Unigigster.
- Should Unigigster accept an offer by a Gig worker, then the data necessary for the completion of any such gig shall be made available in the platform. Acceptance of the offer(s) of any Gig worker(s) by Unigigster shall not give rise to any entitlement or expectation by Unigigster that any such Gig workers(s) will in fact complete any such gig(s) in accordance with the conditions thereof.
- In return, Unigigster shall not be required to accept any work product of any Gig Worker that does not satisfy the conditions prescribed therefore in the applicable gig description and which, as a consequence, is inadequate and unsatisfactory. Without limitation, Unigigster will not accept any work product submitted after expiration of the deadline prescribed therefore.
- Each Gig Worker agrees to keep confidential vis-a-vis any third parties any and all data or gig descriptions provided in connection with his / her performance of work for any project and to use any such data or gig descriptions exclusively for the performance of work for Unigigster. Without limitation, each Gig Worker must work and produce work product in a manner such that third parties have no access to any such data or gig descriptions provided by Unigigster. These confidentiality obligations shall survive any termination of these Terms or the contractual relationship between any Gig Worker and Unigigster. Unigigster reserves the right to exercise any and all available legal remedies (including without limitation by obtaining injunctive relief or pursuing claims for damages) against Gig Worker that culpably violate these provisions.
- Any work product delivered will be proofed and reviewed by authorised accepting entity. Should any such review reveal deficiencies in the work product, then such Gig Worker will receive an option to correct said work product. Should any such revisions by a Gig Worker be inadequate or should a Gig Worker refuse to revise deficient work product, then Unigigster will be deemed to have rejected and terminated the applicable contract with such Gig Worker. A Gig Worker will not be owed any compensation in any such case. In certain situations, there will be no possibility for a Gig Worker to revise or correct deficient work product if, for example, gigs must be finally completed by a specific deadline. In any such situation such special condition will be set forth in the applicable gig description.
- If Unigigster finally accepts any work product, then such Gig Worker will receive a credit to his / her user account of the compensation provided therefor in the corresponding gig description. Any such compensation will be paid as provided in section 4, below.
- With respect to any gig, Unigigster will exclusively mandate the Gig Worker who has submitted an offer to perform services relating thereto to complete such gig. Gig Workers are expressly prohibited from subcontracting or outsourcing gigs to third parties unless this is expressly permitted by the terms of a gig description.
- Each Gig Worker is responsible for complying with any and all tax laws applicable to his or her business relationship with Unigigster in the United Kingdom. In particular, each Gig Worker shall be responsible for paying all taxes and deductions required in connection therewith.
- Management of User Accounts
- A Gig worker delivering work product in a timely manner in compliance with Section 3, above, that corresponds to the relevant gig description shall receive credit into his/her user account of the compensation set forth in the corresponding gig description. The said credit will be processed upon final acceptance of such work product.
- Once the compensation of the Gig worker has been finally credited into his/her user account, the compensation will be paid out in accordance with the provisions of the Stripe payment system – via money transfer to a bank account named by the Gig worker. The Gig worker shall provide Unigigster with the information necessary for making such payment.
- Rights to Project Work Product
- Each Gig worker unconditionally assigns to Unigigster the right to use the work product and services produced without limitations. This assignment of rights pertains to and encompasses without limitation all rights of authorship and copyright and trademark rights. This assignment of rights applies to all forms of use, including without limitation the rights to duplicate, disseminate, perform, reproduce in public and publish, work upon and amend or alter any applicable (if any) rights of authorship or other protective rights. This assignment of rights includes without limitation the rights of Unigigster to assign to third parties (including without limitation, clients of Unigigster) corresponding rights to the same extent so that the services and work product of Gig workers shall be freely available to them to the same extent as to Unigigster. Each Gig worker hereby renounces any right to be publicly named or described as the author of any such work product.
- Gig workers shall have been compensated for the assignment of such rights of use with respect to work product or services accepted by Unigigster by payment by Unigigster of compensation pursuant to Section 3, above.
- Each Gig worker represents and warrants to Unigigster that all services performed for, and work product delivered to, Unigigster do not contain any content in violation of applicable law, including without limitation such as a violation of the rights of authorship or other protective rights of third parties, or as might be illegal under any applicable laws. Gig workers are required to reimburse and indemnify Unigigster for all costs and expenses incurred by Unigigster owing to claims asserted by third parties against Unigigster in connection with content or work product furnished by such Gig worker.
- In this context, Unigigster expressly advises Gig workers that its quality control review of the work product furnished by Gig workers includes an examination for possible violations of copyrights.
- Liability of Unigigster, Risks in Providing Services
- Except as otherwise provided in these Terms and in the hereinafter following provisions, any liability of Unigigster shall be limited as provided in applicable law.
- Unigigster shall be liable only for damages resulting from wilful misconduct and gross negligence on its part. On simple negligence, Unigigster shall only be liable for damages relating to injury to life, bodily harm or health; damages relating to breach of a material contractual obligation (an obligation essential to the proper completion of the contract and as to which a Gig worker may, and reasonably does, rely); in such case, however, liability of Unigigster shall be limited to restitution of foreseeable, reasonably expected damages.
- Gig workers represent and warrant to Unigigster that in performing services for, and delivering work product to, Unigigster they are not undertaking any risks beyond the ordinary risks of life. Unigigster will not publish to the Workplace any gig descriptions giving rise to any special risks in connection with the performance thereof.
- Data Protection
- Notices, Applicable Law, Venue
- Any notices provided by Gig workers to Unigigster in connection with the contractual relationship between them are required to be affected in writing or via e-mail. Current contact information of Unigigster may be found on the company legal information of Unigigster Limited.
- In the event a dispute arises between Gig workers and Unigigster. Any dispute arising from or in relation to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of London.
- The invalidity of specific paragraphs of these Terms shall not affect the validity of other paragraphs of these Terms.