Gigify Terms of Service
These Terms of Service constitute a legally binding agreement between you as a User and Gremer Limited (C-92006) (the “Company”), and are intended to govern your use of the Gigify Platform which is accessible through the Company’s website at www.gigify.mt (the “Website”) or through its official mobile application which is accessible at Google play store and App store (the “App”).
The purpose of the Gigify Platform is to allow Clients to connect with GigWorkers for the purposes of obtaining and providing assistance in performing short-term tasks.
In order to use the Gigify Platform, you must be at least eighteen (18) years old and fully capable at law of contracting and entering into a binding legal agreement on your own behalf. Any persons under eighteen (18) years of age are prohibited from accessing or using the Gigify Platform.
In the case that you do not agree to be bound by this Agreement or any part thereto, you are expressly prohibited from accessing or using the Gigify Platform in any way.
The Client is a person or entity who uses the Gigify Platform with the objective of connecting with a GigWorker, so that the GigWorker can assist the Client in carrying out a short-term task.
A Gig is a short-term task which a GigWorker agrees to perform for a Client through the Gigify Platform. A Gig may only be a short-term task which shall not require any equipment or capital investment other than what shall be immediately apparent in the request submitted via the Platform.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
The GigWorker is an individual (not a legal entity) who uses the Gigify Platform with the objective of connecting with a Client, so that the GigWorker can perform a Gig for the Client in question.
Gigify claim policy
The Gigify Claim Policy is a voluntary scheme, detailed within Section 18, which has been set up so that the Company can provide non-obligatory compensation, at its own discretion, to Users of the Gigify Platform who have suffered damages which fall beyond the liability of the Company.
MAPFRE Middlesea p.l.c. (C-5553), which is authorised by the Malta Financial Services Authority to carry on both Long Term and General Business under the Insurance Business Act, 1998.
The Service Agreement shall refer to an agreement facilitated by the Gigify Platform for the performance of a service, which shall be entered into by and between a Client and a GigWorkers, and to which the Company shall not be a party.
The Gigify Platform includes those services provided by the Company for the purpose of connecting GigWorkers to Clients, which may be provided through the Website and the App, without limitation to communications and information issued by the Company to Users of the Gigify Platform in relation to the services.
The Territory shall include the Republic of Malta.
Any GigWorker, Client, or person who uses or accesses the Gigify Platform.
3. User Warranties
Any User of the Gigify Platform hereby warrants that such User:
- Has attained the age of eighteen (18) years;
- Is not a legal entity, since only natural people can become Gigworkers;
- Has full legal capacity to enter into contracts to bind himself or herself;
- Has read, understood, and accepted the terms of this agreement and duly agrees to abide by them entirely, throughout his or her use of the Gigify Platform;
- Shall only use the Gigify Platform for the purposes for which it was intended by the Company, to the exclusion of any motivations or interests which fall outside the scope of the Gigify Platform including without limitation any unlawful practices, or any journalistic or investigative purposes;
- Shall fulfil and execute fully and in good faith, the commitments made to other Users through the use of the Gigify Platform;
- Shall act professionally, reasonably and responsibly in his or her interactions with other Users which occur on the Gigify Platform or which are facilitated by the Gigify Platform;
- Shall fully comply with all relevant provisions of Maltese and European Union law in any and all use of the Gigify Platform.
4. Client-specific Warranties
When a User acts as a Client in using, or attempting to use, the Gigify Platform to connect with a GigWorker with the objective of receiving assistance in the performance of a Gig, the Client hereby warrants that he or she:
- Shall only use the Gigify Platform to request assistance in carrying out Gigs by submitting a request to the App (the “Gig Request”), which Gig Request shall not require any equipment or capital investment other than that as may be agreed by and between the GigWorker and the Client either through the Gigify Platform chat or verbally;
- Shall, once connected with a GigWorker, contract with that GigWorker in good faith, while maintaining full contractual liability for any obligations or responsibilities entered into thereto;
- Users of the Gigify Platform will be exclusively liable for the payment of any tax due in terms of the Gig being performed;
- Shall maintain exclusive responsibility over any personal data obtained with respect to the GigWorker as a result of the interaction between the two parties, shall duly adhere to all relevant provisions of the GDPR in the collection and processing of such personal data, and shall remain fully liable to the GigWorker for the confidentiality and processing of any personal data relating to the GigWorker.
5. Gigworker-specific Warranties
When a User acts as a GigWorker in using, or attempting to use, the Gigify Platform in order to connect with a Client with the objective of providing assistance in carrying out a short-term task, the GigWorker hereby warrants that he or she:
- Shall only use the Gigify Platform to request assistance in carrying out Gigs which constitute short-term tasks which shall not require any equipment or capital investment other than what shall be immediately apparent in the request submitted to the App;
- Shall only offer his assistance for the performance of Gigs for which he is suitably capable and/or qualified to perform sufficiently, including by responding to gig requests promptly; performing the service(s) as agreed upon with the Client; and providing timely, high-quality services to the Client;
- Shall have all and any insurance required for the performance of the Gigs;
- Shall exercise all reasonable standards of due diligence in performing the Gig for the Client;
- Shall have in place any requisite license, authorization, permit, or other permission that may be required in order to perform the Gig;
- Shall, once connected with a Client, contract with that Client in good faith, while maintaining full contractual liability for any obligations or responsibilities entered into thereto and any damages which may occur due to the negligence or wilful intent of the GigWorker;
- Shall maintain exclusive responsibility over any personal data obtained with respect to the Client as a result of the interaction between the two parties, shall duly adhere to all relevant provisions of the GDPR in the collection and processing of such personal data, and shall remain fully liable to the Client for the confidentiality and processing of any personal data relating to the Client.
6. Contracts Between Clients and Gigworkers
Users of the Gigify Platform hereby acknowledge and agree that by agreeing to the terms of a Gig to be performed by a GigWorker for a Client, both the Client and the GigWorker are lawfully entering into a legally binding Service Agreement for the performance of a service. In executing such Service Agreement, both Users warrant that they shall comply with the Service Agreement and this Agreement before, during and after execution of the service.
Any GigWorker who uses, or attempts to use, the Gigify Platform with the aim of receiving remuneration for Gigs performed does so of his own volition and on an independent basis.
The terms of Service Agreement entered into between Client and GigWorker shall implicitly include those warranties set out in Section 3 of these Terms of Service, but may otherwise include any lawful contractual terms which may be set out and accepted by both the GigWorker and the Client so far as these do not violate any of the terms of this Agreement. It should be noted, however, that the right of withdrawal contemplated in terms of the Consumer Rights Regulations, Chapter 378.17 of the Laws of Malta shall not apply to the Service Agreement.
Gigs may not be delegated, shared, assigned, or sub-contracted by the GigWorker to any third-party, and must be performed solely and exclusively by the GigWorker.
The Client shall pay the GigWorker for the completed Gig through the portal available on the Gigify Platform, which amount shall be estimated in accordance with the terms of the Service Agreement agreed upon and entered into between the Client and GigWorker. The final amount payable to the GigWorker may vary depending on the number of hours required to execute the Gig in its totality.
The Company shall not be a party to such Service Agreement, and neither shall any agreement expand or restrict the rights of the Company pursuant to this Agreement. The role of the Company shall be limited to its role in acting as a payment collection agent, and thereby facilitating the payment of the GigWorker by collecting payment from the Client through the Gigify Platform and re-distributing it to the GigWorker once both parties confirm that the task has been executed. For the avoidance of doubt, upon a task being completed by the GigWorker, the GigWorker shall mark the Gig as complete , which shall prompt an automatic invoice to be sent to the Client. The Client is then notified to review the invoice and effect payment to the GigWorker.
No Service Agreement between a Client and GigWorker shall, under any circumstances, create a relationship of employment between a User and the Company, or between a GigWorker and a Client.
No agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created by this Agreement. GigWorkers are independent business owners and are in no way screened, monitored or endorsed by the Company.
No Users shall, in any instance whatsoever, have any authority to enter into any agreement for or on behalf of the Company in any way or form.
The Users hereby agree to notify the Company of any disputes arising out of Service Agreements which were facilitated by the Gigify Platform, at least thirty (30) days prior to initiating any legal proceedings whatsoever. The Company reserves the right to suspend or terminate any incomplete service or account relating to a dispute.
7. Billing and Payment
Once a Gig has been marked as complete by the GigWorker on the Website or the App, an automatic invoice will be generated for the review, and if necessary amendment by the GigWorker (the “Invoice”). At this stage, the GigWorker may include the actual time that was necessary to perform the Gig together with any expenses incurred for any agreed upon costs for materials or other resources required in order to fulfil the Gig (“Out of Pocket Expenses”). Clients and GigWorkers undertake to communicate and agree on Out of Pocket Expenses via the Platform Chat.
The Client shall then be notified to review the Invoice and ultimately effect payment to Gigify. The mode of payment through which Clients shall pay GigWorkers for the performance of each Gig shall be by means of a credit card via the Website or the App. The Clients will be required to provide their payment method details, more specifically their name, surname, credit card number, credit card expiry date and the card security code (“CVV”). The GigWorker shall be required to provide the name, surname and IBAN number for payment to be effected.
The Client shall be responsible for paying the Invoice which shall include the pricing terms of the Gig provided by the GigWorker and agreed upon by and between the Parties through the Services Agreement, any Out of Pocket Expenses and the company service charge.
8. Promotional Activities
The Company may, at its own discretion, organise promotional activities, schemes, or competitions (together referred to as “Promotional Activities”) which it may make available to Users. Any such Promotional Activities shall be organised at the exclusive and sole discretion of the Company, which shall have the authority to define all terms and conditions of such Promotional Activities, including the applicable rules, applicable participants, beginning and end-date.
9. Permitted Use
The Gigify Platform contains an integrated chat that allows Clients and GigWorkers to communicate once they have mutually confirmed a Gig booking. For the safety and integrity of the Gigify Platform, Users should not share personal contact information with other Users.
Without limitation, all Users are excluded from using the Gigify Platform to:
- Abuse, intimidate, harass, or otherwise act aggressively or threateningly towards other User, staff or representatives of the Company or Gigify Platform, or other person;
- Advertise or offer for sale any goods which are not relevant to the intended use of the Gigify Platform;
- Solicit for any other business, service or website not related to the Gigify Platform;
- Solicit business from Users they meet through the Gigify Platform, except through the Gigify Platform and except in accordance with this Agreement;
- Solicit for employment, contracting or other purposes not encompassed within the intended use of the Gigify Platform;
- Publish or distribute any obscene or defamatory content;
- Perform, or seek assistance in performing, any matters which may violate the laws of the Republic of Malta or any other applicable rules or regulations;
- Upload any content which violates the intellectual property rights, or the rights to privacy, of any User, third-party, or the Company;
- Upload any content which contains malicious software including but not being limited to Trojan horses, corrupted files, or other forms of malware which may conceivably cause damage to the physical or digital integrity of other persons’ computer software or hardware;
- Copy, collect, process, or assume ownership over any intellectual property which appears on the Gigify Platform;
- Conduct or disseminate surveys, contests or competitions not issued by the Gigify Platform, or chain correspondences;
- Upload the same content repeatedly (“spamming”) on the Gigify Platform;
- Use User reviews, feedback, or content abusively, such as to threaten, blackmail or manipulate other Users;
- Use any form of automated software or devices to perform “data crawling” activities on the Gigify Platform, such as data-mining, data-crawling, scraping, mining, transmitting, indexing or managing any data whatsoever located on the Gigify Platform;
- Register under one or multiple “fake profiles” which use falsified personal data to gain access to the Gigify Platform;
- Cause, request, or encourage any third parties to engage in any of the prohibited activities set out above.
All submissions made to the Gigify Feed will be public, and any of your contributions to the Gigify Platform will be publicly identifiable through your profile details, except where indicated otherwise.
Failure to adhere to the Gigify Platform’s boundaries of permitted use may result in the termination and removal of active profiles, at the sole discretion of the Company.
The Company reserves its right to take legal action against any Users who make unauthorised use of the Gigify Platform.
10. Account Security
Upon registering an account with the Gigify Platform, you are the sole authorised user of your account. By allowing another person to access your account on the Gigify Platform, you understand and accept that you are authorising such person to contract and enter into legally binding obligations on your behalf.
While the Company has safeguards in place to ensure the confidentiality of your log-in details, you are exclusively responsible for maintaining the confidentiality of your log-in details, and release the Company from any and all liability in the case that the confidentiality of your profile is breached for any reason which is not attributable to the Company.
The Company may validate an account prior to activation and prior to each Gig Request with the objective of preventing fraud and safeguarding User information from the risk of unauthorized access.
11. App Updates and Upgrades
Upon installation of the App, you undertake and consent to the installation of the App and any subsequent updates or upgrades that are released by the Gigify Platform. The App (including any updates or upgrades) may:
- cause your device to automatically communicate with the Gigify Platform to deliver the App functionality and to record usage metrics;
- affect App-related preferences or data stored on your device;
You may uninstall the App at any time.
12. Termination, Suspension and Restriction
The Company, at its sole discretion, shall have the right to terminate, restrict (in whole or in part) and/or suspend any User accounts on the Gigify Platform:
- if the User violates any provision contained in these Terms of Service;
- if any information provided by the User on the Gigify Platform appears to be false or misleading;
- if we believe that the User may expose the Gigify Platform, any other User or a member of the public to any direct or indirect harm or risk of loss;
- if a User is using the Gigify Platform in a manner that is unlawful or for an unintended purpose;
- if such termination, suspension or restriction is necessary in order to investigate a complaint from a User or interested third party or to assist in any legal proceedings or criminal investigation.
Where we decide to restrict or suspend the provision of the Gigify Platform to a GigWorker, we shall provide, prior to or at the time of the restriction or suspension taking effect, a statement of reasons for that decision. Furthermore, where we decide to terminate the provision of the Gigify Platform to a given GigWorker, we shall provide the Gig Worker concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision.
The notice period referred to in the preceding paragraph shall not apply where we:
- are subject to a legal or regulatory obligation which requires us to terminate the provision of the Gigify Platform to a given GigWorker in a manner which does not allow us to respect that notice period; or
- exercise a right of termination under an imperative reason pursuant to Maltese law;
- can demonstrate that the GigWorker concerned has repeatedly infringed our Terms of Service.
In the case of restriction, suspension or termination, we shall give the GigWorker the opportunity to clarify the facts and circumstances. Should we decide to revoke the restriction, suspension or termination, we shall reinstate the Gig Worker without undue delay. Any User whose account was terminated or suspended is explicitly disallowed from re-accessing the Gigify Platform thereafter through the creation of a new account using similar, different, or false personal information.
The length of any suspension of a User account shall be at the Company’s sole discretion.
Any User who, upon having their account restricted, suspended or terminated, feels as though such measures have not been applied correctly or proportionately, may refer to the Company’s customer care who undertake to answer to and manage the situation upon a written request made by a User within fourteen (14) days from suspension or termination as the case may be.
13. User Generated Content
User generated content shall include any information, review, feedback, or content which you or any other User publishes, uploads, or transmits to the Gigify Platform (“User Generated Content”).
You, the User, shall be entirely liable for the legality, veracity or accuracy of your User Generated Content and any claims arising therefrom.
The Company and the Gigify Platform shall maintain no liability for the content of your User Generated Content, given that the Company does not vet or control User Generated Content, and neither is it involved in the development, design or implication of such content.
The Company simply acts as a passive conduit for the publication of such content. You agree that the Company has no obligation to monitor, vet, review, or filter User Generated Content. This is without prejudice to the right of the Company to remove, limit or restrict User Generated Content at its sole discretion.
By making your User Generated Content available on the Gigify Platform, you hereby grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to lawfully exercise the copyright, publicity, and database rights to that content.
The User releases the Company from all liability for claims arising from the use or exploitation of such User Generated Content and acknowledges that the Company shall not be caused to provide financial or other remuneration for its rights to utilise User Generated Content for any lawful use.
The Company shall be accessing and processing the User Generated Content only insofar as it allows the Company to provide statistics based on User data including but not limited to positive reviews and reliability.
14. Intellectual Property Rights
Any graphics, data, designs, graphs, information, photographs, music, sounds, software, interface, trademarks, logos made available on the Gigify Platform (together referred to as the “Intellectual Property”), are the exclusive property of the Company; with the exception of User Generated Content, which shall be owned by the User responsible for the development and publication of such content.
The Intellectual Property is not to be copied, downloaded, re-used, re-designed, re-configured, or distributed in any way or form whatsoever, except with the explicit written consent of the Company.
15. Limitation of Liability
The Gigify Platform is provided on an “as is” and “as available” basis without warranties or representations not set out within these Terms of Service, whether express, implied or statutory.
The Company does not review User Generated Content before this is made available on the Gigify Platform and is not involved in any transactions, negotiations or agreements which may take place between users.
The Company makes no representation or warranty as to the reliability, timeliness, quality, suitability or availability of any of the services requested through the use of the Gigify Platform, or that such services will be uninterrupted or free of error. Neither does the Company guarantee the quality, suitability, safety, or ability of the third-party service providers who may use the Gigify Platform.
The Company shall not be liable for any conduct or any publication of User Generated Content which violates these Terms of Service, including without limitation any conduct or content which gives rise to civil or criminal liability.
The Company shall not be liable for any loss of money (including profit), goodwill, reputation, or any special, indirect or consequential damages arising out of any use of the Gigify Platform, including, but without limitation to, the negligence, fraud or willful misconduct of the GigWorker, theft, fraud or misappropriation committed by any GigWorker, failure of the GigWorker to complete the Gig according to instructions or specifications, any fault, or any defect or issue with the work of GigWorker.
The Company shall neither be liable for any damages sustained as a result of your use or inability to use the Gigify Platform or as a result of any content provided to the Gigify Platform.
You agree that you shall maintain the entire risk arising out of your use of the Gigify Platform, and any services arising in connection thereto, to the maximum extent possible under the applicable law.
16. Data Privacy
As we only provide a platform to connect GigWorkers with Clients, it should be noted that we assume no responsibility for compliance by our GigWorkers with compliance with applicable data protection laws, and accordingly, such GigWorkers are to be regarded as controllers of personal data in their own right, and under no circumstances shall such GigWorkers be regarded as being a data processor of Gigify.
All Users represent and warrant to fully comply with all relevant provisions of Maltese and European Union law in any and all use of the Gigify Platform, which includes compliance with GDPR. Should GigWorkers be unsure of their legal obligations, they should seek their own legal advice.
17. Access To Data By Gigworkers
18. Gigify Claim Policy
The Gigify Claim Policy is a discretionary policy which has been put in place by Gigify in order to enable Gigify to constantly attempt to ensure that Users are satisfied with the services provided to them through the Gigify Platform.
Where Users are unable to resolve a dispute, which dispute is arising from a connection established through the Gigify Platform and is therefore subject to the terms and conditions set out throughout this Agreement, Gigify may, at its own exclusive and unilateral discretion, opt to apply the Gigify Claim Policy.
A prerequisite for the Gigify Claim Policy to be applied shall be the existence substantial evidence that a User has suffered real, quantified damages as a consequence of the agreement which was the subject of the dispute.
Gigify re-iterates that it shall not be liable for the acts or omissions of Users and does not insure or provide insurance against any losses sustained by Users.
The Gigify Claim Policy is not an entitlement of the User, and shall be applied at the sole, exclusive and unilateral discretion of Gigify. Previous application of the Gigify Claim Policy shall in no way indicate that the policy shall be applied identically or similarly in the future.
The full terms and conditions applicable to the Gigify Claim Policy shall constitute part of this Agreement and are accessible here.
The Company may provide you with notice by means of a communication on the Gigify Platform, SMS, via electronic mail to the email address listed in your account.
You may give notice to the Company by email to [email protected]
20. Ranking of Gigworkers
The ranking of GigWorkers on the Gigify Platform makes use of algorithms that take into account a number of factors, which are set out below in order of relative importance.
- Average rating in service category.
- Experience in service category.
- Response time
- Acceptance rate
The importance attributed to each factor is designed to ensure that Clients receive quotes from the most reputable and consistent GigWorker(s), and therefore ensuring that Clients receive the best possible service when using the Gigify Platform. Furthermore, GigWorkers may not influence their rankings by making any payment to us, which means that GigWorkers are ranked in order of the above criteria alone.
21. Assignment of Terms
No User shall be permitted to assign or transfer any responsibility or obligation arising from these Terms of Service, without the express written approval of the Company.
The User gives his approval for the Company to assign or transfer its obligations and responsibilities pursuant to these Terms of Service in whole or in part, including to (a) its subsidiaries; (b) to any acquirer of the Company’s business, equity or assets; or (c) a successor by merger.
22. Validity of Agreement
In the case that any part of these Terms of Service shall be declared to be invalid by a court of law in Malta, such provision shall cease to form part of these Terms of Service, but the legality, validity and enforceability of the other provisions in these Terms of Service shall not be affected.
23. Changes to our Terms Of Service
Changes to our Terms of Service shall be notified to all registered GigWorkers in accordance with Section 19 (Notices) at least fifteen (15) days before such changes are to take effect. This notice period shall be extended to thirty (30) days when this is necessary to allow GigWorkers to make technical or commercial adaptations to comply with the changes.
The notice periods stipulated in the preceding paragraph shall not apply, however, where the Gigify Platform:
- is subject to a legal or regulatory obligation which requires us to change our terms and conditions in a manner which does not allow us to respect the notice period referred to in the preceding paragraph; or
- has exceptionally to change our terms and conditions to address an unforeseen and imminent danger related to defending the Gigify platform or Users from fraud, malware, spam, data breaches or other cybersecurity risks.
24. Governing Law
This Agreement, as well as any ancillary informational material or statements which may be issued by the Company from time to time, shall be governed exclusively by the laws of the Republic of Malta.
25. Dispute Resolution
If any controversy, disagreement or dispute should arise between the Company and any User or third party pursuant to the performance, interpretation, or application of this Agreement, the parties in question shall seek to settle the dispute amicably between themselves by negotiation. If such dispute cannot be settled amicably by negotiation within period of sixty (60) days, then the matter shall be finally settled by arbitration in accordance with the provisions of Part IV (“Domestic Arbitration”) of the Arbitration Act (Cap. 387 of the Laws of Malta) and the Arbitration Rules made thereunder, as in force on the date of commencement of the relevant dispute (such commencement to be established in accordance with such Arbitration Rules).
There shall be one (1) arbitrator, to be appointed by agreement between the parties or, failing such agreement within seven (7) days from the receipt by either party from the other of a notice proposing the names of one or more persons who may serve as the sole arbitrator, by the Chairman of the Malta Arbitration Centre at the request of either party.
The seat of the arbitration shall be in Malta at the premises of the Malta Arbitration Centre.
The arbitral proceedings shall be conducted in English language.
26. Optional Insurance Cover
GigWorkers opting to be included as a joint-insured entity under our Company’s master insurance policy in place with our Insurance Provider agree and understand that the Company is not licensed to act as an insurance intermediary and gives no advice on insurance matters, nor do we make any commission or income from the insurance coverage made available to you. Further information on such insurance cover may be found here.