ClickSHIFTERS™ Member Agreement ---
This is an important document which you must consider carefully when choosing whether to adopt the goods or services of ClickSHIFTERS™ at any time.
THE FOLLOWING DESCRIBES THE TERMS OF THE ClickSHIFTERS™ OFFER ---
We do not store credit card details nor do we share financial details with any 3rd parties
Acceptance of Member Agreement
This Member Agreement ["Agreement"] is a contract between you and ClickSHIFTERS™ if you are a member of ClickSHIFTERS™ websites ["Site"].
The Site is offered to you conditional upon your acceptance of the Member Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this Member Agreement.
This Member Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and ClickSHIFTERS™ as to its subject matter.
If you disagree with any of these terms and conditions you should immediately cease to use the Site. Please note that if you carry out activities which are in contravention of this Member Agreement, and its associated policies incorporated by reference, then your access to your ClickSHIFTERS™ account ["Account"], or the Services provided by us on the Site ["Services"], may be limited [including limiting access to your funds] either temporarily or permanently.
Amendment of Member Agreement
ClickSHIFTERS™ may amend or modify this Member Agreement in whole or in part from time to time, without notice, by posting an amended Member Agreement on the Site or any linked information. Such updated version of the Member Agreement will be effective at the time ClickSHIFTERS™ post the update online.
ClickSHIFTERS™ offers its Goods and Services to its Members.
ClickSHIFTERS™ shall have absolute discretion as to whether or to accept or decline a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is only available to Members of 18 years of age or more. If Members lack qualification, they are barred from use of any of ClickSHIFTERS™ Services including those, and any others, that require the Member's ability to form legally binding contracts. Each Member is responsible for what occurs on their Account and must report any unauthorised use of their Account to ClickSHIFTERS™.
The terms "You", "Your", "Member", or "Members" refer to anyone accessing ClickSHIFTERS™ Services or Site for any reason.
ClickSHIFTERS™ is a Private Members Club and as such provides a venue to introduce Members who wish to provide professional services ["Drivers"] and Members who seek such professional services ["Employers"] respectively, or jointly, as the "Parties" and individually as a "Party". The Site enables Members to identify each other and work together online to complete, invoice and pay for transportation Jobs.
3. LEGAL RELATIONSHIP BETWEEN YOU AND ClickSHIFTERS™
ClickSHIFTERS™ reserves the right to terminate the participation of any Member without reason but expressly including any Member that ClickSHIFTERS™ judges to be in violation of the Member Agreement. Without limiting the foregoing, ClickSHIFTERS™ may terminate the participation of a Member if it appears that Member is creating problems, legal liabilities [actual or potential], infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Members
The Members are Private Club Members that are engaging with each other to create Private Trust Agreements to negotiate Jobs. The only parties to a Job are the Driver and the Employer. Upon the Employer awarding a Job to a Driver and the Driver's acceptance of a Job on the Site, the Employer agrees to purchase, and the Driver agrees to deliver the ClickSHIFTERS™ Services in accordance with the following agreements:-
(1) the Member Agreement;
(2) the Member Services Agreement between the Employer and Driver available on the Site, as amended from time to time;
(3) any other contractual provisions, accepted by both the Driver and Employer, uploaded to the Site, that are other than consistent with the Member Agreement; and
(4) the Job terms as awarded, and accepted on the Site, that are other than consistent with the Member Agreement.
You agree never to enter into any contractual provisions in conflict with the Member Agreement. Any provision of a member contract in conflict with the Member Agreement is void.
3.3 Member Responsibilities
The responsibilities of the Driver and Employer are set out in the Services Agreement between Driver and Employer.
When you enter into a transaction, you create a legally binding contract with another Member, unless the transaction is prohibited by law or by this Member Agreement.
You are responsible for ensuring that you comply with your obligations to other Members. If you fail to do so, you may become liable to that Member(s). You must ensure that you are aware of any domestic laws [including Common Law], international laws, statutes, ordinances and regulations relevant to you as an Employer or Driver, or in any other uses you make of the Site.
If another member breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, ClickSHIFTERS™ has no responsibility for enforcing any Member rights.
3.4 Zero ClickSHIFTERS™ Insurance
Individual identification on the Internet is challenging and so ClickSHIFTERS™ is unable to confirm each Member's purported identity.
You are entirely responsible for all insurance. ClickSHIFTERS™ excludes any form of insurance or other Employer or Driver protection for any Member, because ClickSHIFTERS™ Site is limited to providing the online venue for Members to offer, sell, and buy professional services and ClickSHIFTERS™ is otherwise excluded from the transactions and interactions between Employers and Drivers.
Some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited employer or Driver protection or charge-back services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
3.5 Independent Contractors
Each Member acknowledges and agrees that the relationship between Members is that of independent contractors. Nothing in this Member Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Members; or (2) between ClickSHIFTERS™ and any Member.
3.6 Services offered by ClickSHIFTERS™
ClickSHIFTERS™ offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Drivers and to enable Drivers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You have zero right to copy, sell, or otherwise exploit for any commercial purpose the Services or content [in whole or in part], access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Members of this service and/or articles with original content and opinions. Use of this content or links to this content is at the Member's own risk. No warranty is made that the information is accurate or reliable and ClickSHIFTERS™ and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The Member understands and agrees to the following terms:-
ClickSHIFTERS™ Site merely acts as an online venue to allow Members to offer and buy private services. You acknowledge and agree that ClickSHIFTERS™ is excluded from involvement in the actual transaction between the Members, Drivers, and Employers.
ClickSHIFTERS™ has zero control over the quality or legality of the private services provided by Members on the Site, or the ability of Drivers to provide the services or the Employers to pay for the services.
ClickSHIFTERS™ excludes any guarantee that a Member will actually complete a transaction or act lawfully in using the Site, although ClickSHIFTERS™ may take action in the best interests of the site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Members should always use their own efforts to confirm such information with a professional(s) in the pertinent field(s).
All of the information that ClickSHIFTERS™ provides should never be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabelled or deceptively labelled accidentally by ClickSHIFTERS™ or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
ClickSHIFTERS™ may provide unmonitored access to third-party content. ClickSHIFTERS™ is only acting as a venue and/or portal, and has zero liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
ClickSHIFTERS™ web site may contain links to third-party web sites. ClickSHIFTERS™ has zero control over or in relation to always reviewing the web sites linked to the Site.
ClickSHIFTERS™ excludes any endorsement of the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Members should avoid treating any link as an endorsement or acceptance of veracity or value.
ClickSHIFTERS™ excludes, and lacks the resources to, any undertaking of any obligation to, control, research, verify, validate, or approve the content that is received or viewed on the Site.
ClickSHIFTERS™ expects that the Member will undertake necessary activities and practices and will use caution and common sense when using ClickSHIFTERS™ for Member's Account.
You agree and acknowledge that unless explicitly requested, ClickSHIFTERS™ may display your company name, logo and public description of your Jobs and profile as part of the ClickSHIFTERS™ website(s) and / or other ClickSHIFTERS™ marketing materials.
3.9 Transfers between Sites
If you decide to swap your default currency, your agreement with the Site will move to the regional operating entity, if any, corresponding to the currency you select. For AUD, NZD, EUR, GBP and USD this agreement will be between yourself and ClickSHIFTERS™ from the date of change onwards.
All fees are set forth in the summary of ClickSHIFTERS™ fees and charges which can be found on the Site. All fees will be assessed in GBP. Your Account and all transactions are made and displayed in GBP unless otherwise specified.
ClickSHIFTERS™ earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by ClickSHIFTERS™ that are accessible through the Site and to cover expenses and fees ClickSHIFTERS™ incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, ClickSHIFTERS™ transfers the remaining payment amount to the Driver-Member.
ClickSHIFTERS™ charges fees in relation to the posting of a Job; selecting a Driver; posting a featured Job; hiding a Job from search engines; hiding bids from other Members; posting a full time Job; Job commission fees; and other miscellaneous fees that are described on the Site.
Members can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.
5. AFFILIATE PROGRAM
The ClickSHIFTERS™ Affiliate Program ["Affiliate Program"] is a program that allows you to receive a payment from ClickSHIFTERS™ ["Bonus"] into your Account for referring a new member ["Referred Member"] to ClickSHIFTERS™. To participate in the Affiliate Program, you must comply with all of these requirements, and have an Account that is in good standing.
5.2 Requirements for Referred Members
You must never refer yourself for the Affiliate Program or a Member having the same IP address as yourself. The Referred Member must be an individual [or business] with whom you have a pre-existing relationship. You must never obtain names for referrals from group email addresses, third party bulk mailing lists, customer lists, or other similar sources. You must never send unsolicited e-mails ["Spam"]. If you send Spam in order to recruit Referred Members, ClickSHIFTERS™ may immediately and permanently close your Account, without paying out any accrued Bonus.
5.3 Bonus Amount
The amount of the Bonus is based on the Referred Member's net Job commissions ["Job Commissions"], defined as the total Job commissions less any charge-backs, refunds, and reversals. The amount of the Bonus will be determined by ClickSHIFTERS™ and equal to 90% percentage of Job Commissions for referrals through affiliate links; or 20% through referrals via the "Invite Friends" module.
5.4 Payout Period
You are eligible to receive Bonus payouts for the first 3 months of the Referred Member's Account ownership.
To be eligible for a Bonus, the Referred Member must: (1) sign up for an Account through either the supplied affiliate links or invitations through the "Invite Friends" module; (2) become a Member; and (3) be free from any current ClickSHIFTERS™ Account at the time of the referral [or previously].
5.6 Discontinuance or modification of Program
ClickSHIFTERS™ may discontinue or modify the Affiliate Program at any time by providing you with seven days’ notice. In the event that the Affiliate Program is discontinued, you will receive the Bonus for all of your Referred Members that have satisfied all of the requirements in this section prior to the discontinuation date of the Affiliate Program.
Failure to comply with these terms may result in your Account and participation in the Affiliate Program being terminated.
6. MILESTONE PAYMENTS
6.1 Zero ClickSHIFTERS™ escrow service
ClickSHIFTERS™ never operates an Escrow service. ClickSHIFTERS™ does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a Job to a Driver. Depending on the agreement of the Employer and Driver, the Employer can create an advance payment which will remain pending until:-
(a) the Employer and the Driver agree that the funds should be released to the Driver;
(b) until the Employer and the Driver have concluded the process of the Dispute Resolution Services [as defined below];
(c) until the Employer instructs ClickSHIFTERS™ to pay a Driver that performed a service for him/her; or
(d) until the Employer acknowledges that the Driver has completed the service fully and satisfactory.
If an Employer in any way withholds approval of the Driver's work product, the Parties have the option to resolve the issue through the terms of the Dispute Resolution Services set out below.
6.2 Inactive Members
In the event that the Employer in any way withholds instruction to ClickSHIFTERS™ with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has been absent from log in to ClickSHIFTERS™ Site during that time period, such Milestone Payment will be refunded to the Member account of the individual who initially paid it.
7.1 Opening Account
To become a Member and access the ClickSHIFTERS™ Site and Services you must register for an "Account" and become a Private Club Member. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree that you will receive zero earnings or interest on the funds that ClickSHIFTERS™ handles as your agent. ClickSHIFTERS™ may receive interest on those funds. ClickSHIFTERS™ will have zero liability for any lost interest on such funds.
All amounts are stated in and all payments will be made in GBP funds.
ClickSHIFTERS™ reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit [e.g. stolen credit card] will be reversed immediately.
If, in a fraudulent payment situation, a withdrawal has already been processed, you will be expected to return the funds to your ClickSHIFTERS™ account or face account termination and any other remedies available to ClickSHIFTERS™ to recover the funds.
Any Member that ClickSHIFTERS™ removes from the service due to violation of the Member Agreement will receive zero credit or zero payment and will become liable for certain fees described in this Member Agreement.
ClickSHIFTERS™ requires you to make all payments to ClickSHIFTERS™ and to make payments to and accept payments from other ClickSHIFTERS™ Members in the purchase and sale of Services for ClickSHIFTERS™ Jobs directly through the mechanisms available on the Site.
You understand and agree that ClickSHIFTERS™ will never hold funds [including Milestone Payments] delivered to ClickSHIFTERS™ from Members for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Members and with funds of ClickSHIFTERS™ in any account, at any institution, or in any other manner ClickSHIFTERS™ may decide in its sole discretion from time to time.
In addition, you understand that such commingled-funds could be used to pay other Members and, by ClickSHIFTERS™, for general corporate purposes or otherwise, provided that ClickSHIFTERS™ will remain contractually obligated to make payment to you, as a Driver or Employer, for any purchases and sales of Services provided by you through ClickSHIFTERS™.
To the extent ClickSHIFTERS™ is obligated to make payment to you, you will be an unsecured creditor of ClickSHIFTERS™.
You acknowledge that:-
(1) ClickSHIFTERS™ is a neither a bank or any other type of licensed financial institution and ClickSHIFTERS™ excludes provision of any banking services;
(2) the amounts shown as on deposit, including Milestone Payments, in a Member Account are free from segregation into a separate account but the amounts represent unsecured obligations of ClickSHIFTERS™ to the Member with respect to the purchase and sale of Services through ClickSHIFTERS™;
(3) ClickSHIFTERS™ is excluded from acting as a trustee, or fiduciary, with respect to and amounts, funds or payments, but is acting only as an agent; and
(4) amounts transferred through or stored in the payment service are uninsured or without-guarantee deposits.
(5) Your Account is excluded from constituting a milestone.
(6) By initiating and sending payments through ClickSHIFTERS™, you appoint ClickSHIFTERS™ as your agent to obtain the funds and hold and to transfer such funds to the Driver or Employer, for Services, subject to the terms and conditions within the ClickSHIFTERS™ Member Agreement.
7.4 Inactive Accounts
ClickSHIFTERS™ reserves the right on Member Accounts that have been inactive for more than 365 days ["Inactive Accounts"] to impose a dormant account fee of GBP£10 per month until either the Account is terminated or reactivated.
ClickSHIFTERS™ reserves the right to cancel or archive Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any charge-backs [a charge-back occurs when an employer rejects or reverses a charge on his or her credit card through the credit card issuer] on funds paid to you by Employers through the Site are your responsibility and you will never hold ClickSHIFTERS™ liable for such.
You agree that ClickSHIFTERS™ may reverse any such payments that are subject to charge-back via our Payment Processors. To cover the cost of processing charge-backs, ClickSHIFTERS™ assesses a GBP
£20.00 fee to Members for credit and debit card payment charge-backs [Subject to change without notice].
7.6 Insufficient funds in Accounts
If there are insufficient funds in your Member Account to meet outstanding fees and charges, ClickSHIFTERS™ reserves the right to collect any amounts owing to ClickSHIFTERS™ by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided via ClickSHIFTERS™. These taxes will be added to fees billed to you, if applicable.
7.8 Identity Authentication
You authorize ClickSHIFTERS™, directly or through third parties, to make any inquiries we consider necessary to validate your “commercial person” identity in compliance with applicable Anti-Money Laundering and Counter-Terrorism Financing Acts. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may additionally ask to see your driver’s license or other identifying documents at any time to reasonably identify you as part of our own anti-fraud measures. Applicable law may require that ClickSHIFTERS™ verify the information provided to us before allowing access to fund transfer or withdrawal services through the Site. The Site reserves the right to close, suspend, or limit access to your Member Account and/or ClickSHIFTERS™ Services in the event of challenges to obtain or verify to ClickSHIFTERS™ satisfaction the information required by this clause.
8. AVOIDING COMMISSIONS
8.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a Job with another member directly [outside of ClickSHIFTERS™] after that Job has been created/opened and before that Job has been closed [i.e. during an ongoing Job]. This also applies to any Job that was closed without a Driver being chosen, and then contacting them about the Job anyway. Both parties are responsible for notifying ClickSHIFTERS™ if the payment amount increases [above the bid amount] after the Job is closed.
You are strictly prohibited from under-bidding on Jobs in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at ClickSHIFTERS™, and such activities interfere with providing such a marketplace. ClickSHIFTERS™ charges Job commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final bid amount.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely refuse to tolerate any fee avoidance or underbidding on the Site.
Members agree to never post their e-mail address on the site, except in the "e-mail" field of the sign-up form, or when asked by ClickSHIFTERS™. You may use the Job message board and inbox private messaging on site to communicate. As well as applying to e-mail addresses this refers to all methods of communication, including, for example only --- phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
8.3 Providing contact information
You are prohibited from making direct contact with another Member, unless it's for a Job you [a Driver] have been picked for, or you [an Employer] have picked a Driver for. This includes for example --- giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site.
ClickSHIFTERS™ provides you with message boards, which should be sufficient for pre-Job planning. The only exception to this is on "Full-time" Jobs. If a Job has the "Full-time" graphic on it, that means the Employer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
9. MEMBER CONTENT
The Member is solely responsible for content or any other information the Member provides to ClickSHIFTERS™. Member understands and agrees to the following:-
ClickSHIFTERS™ is only acting as a venue for the online distribution and publication of Member content. However, no warranties as to the actual distribution or publication of Member content are made or implied. ClickSHIFTERS™ has the right [but no obligation] to take any action deemed appropriate with respect to Member content if it is believed that such content may create liability for ClickSHIFTERS™, harm its business operation or reputation, or cause ClickSHIFTERS™ to lose the services of its suppliers.
Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify Member-submitted content upon the discretion of the Site administrators. Evaluation of Member-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of Member-submitted content, are set solely by the Site and applied exclusively within the Site.
ClickSHIFTERS™ Member represents and warrants that Member's content:-
(a) will never infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy;
(b) will never violate any applicable law or regulation;
(c) will never be defamatory or trade libellous;
(d) will never be obscene or contain child pornography;
(e) will never include incomplete, false or inaccurate information about Member or any other individual; and
(f) will never contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Zero copyrighted material can be posted on the Site.
This includes scripts which are sold by an author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
9.2 Grant of License
Subject to clause 9.3 below, by submitting Member content to ClickSHIFTERS™ [including, for example only, creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Job; sending messages through or to ClickSHIFTERS™], you hereby grant to ClickSHIFTERS™ a worldwide, exclusive, sub-licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform Member content, under all Member intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of ClickSHIFTERS™ [such as a portfolio of sample works hosted on Your own web site] will never be considered "submitting" such content for purposes of this license grant.
9.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave [whether a "Employer" or "Driver"], consisting of comments and a multidimensional rating [e.g. Quality, Communication, etc] together with a composite rating by ClickSHIFTERS™ ["Feedback"]. You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may never use it or deal with it in any way inconsistent with ClickSHIFTERS™ policies as posted on the Site from time to time, without our prior written permission.
You may never do [or omit to do] anything that may undermine the integrity of the Member feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to ClickSHIFTERS™.
ClickSHIFTERS™ feedback ratings belong to us and may never be used for any purpose other than facilitating the exchange of services between Members of the Site. You may never use your Member feedback [including, but never limited to, marketing or exporting your composite rating or feedback comments] in any real or virtual venue other than a website operated by ClickSHIFTERS™ or its related companies without our written permission.
10. MEMBER RESTRICTIONS
Members are prohibited from advertising a website on the Site. Any URL posted in a bid, Job description, or the message board, must relate to a Job on ClickSHIFTERS™. An example of a permissible URL would be a Member's portfolio or resume page.
Drivers can only place bids that equal the total amount of money they are requesting for the Job. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Employers. Employers cannot create Jobs that directly or indirectly require Drivers to place hourly or other abnormal bids. The only exception, for both Employers and Drivers, is when the Job is full-time.
The Employer agrees that:-
The Employer is strictly forbidden from redistributing any of the content of the Site, including but never limited to [for example] private messages, documents and support tickets.
The Employer will never use the Employer's Account to post false or misleading Job descriptions.
The Employer will never post Job descriptions that, in the judgment and discretion of ClickSHIFTERS™, are inappropriate to ClickSHIFTERS™ audience and viewers.
The Employer agrees to pay featured Job fee if Job posted should have been posted as featured.
The Employer agrees to pay full-time Job fee if Job posted should have been posted as full-time.
The Employer will never falsify the Employer's own or any other identity.
The Employer will comply with all of ClickSHIFTERS™ policies as posted on the Site from time to time.
The Driver agrees that:-
The Driver will never redistribute any of the content of the Site, including but never [for example] limited to private messages, documents, support tickets.
The Driver will never falsify Driver's own or any other identity.
The Driver will comply with all ClickSHIFTERS™ policies as posted on the Site from time to time.
10.5 Prohibited use of Site content
The content and information on the Site [including, but never limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material], as well as the infrastructure used to provide such content and information, is proprietary to us. All Members agree never to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree never to:-
use this Site or its contents for any commercial purpose;
access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site for any purpose without our express written permission;
"frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
10.6 General restrictions
Members agree that:-
Members will never use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of ClickSHIFTERS™.
Members will never distribute unsolicited commercial messages ["spam"] through the Member's Account.
Members will never contact Employers or Drivers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Members will never engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Members will never create multiple Member Accounts for any reason, or under any circumstance ---
If you create a Job, you cannot create another account to bid on it, nor can you award yourself that Job.
If you create a contest, you cannot create another account to enter your own contest, nor can you award your entry the prize.
10.7 Consequences of termination
In the event of termination, Members found in violation of the Member Agreement will never receive any credit or payment from ClickSHIFTERS™.
Without limiting ClickSHIFTERS™ other remedies, to the extent you are in violation of this Member Agreement, you must pay ClickSHIFTERS™ for all fees owed to us and reimburse us for all losses and costs [including any and all ClickSHIFTERS™ employee time] and reasonable expenses [including legal fees] related to investigating such breach and collecting such fees.
You and ClickSHIFTERS™ agree that the damages that ClickSHIFTERS™ will sustain as a result of actions that breach the Member Agreement will be substantial, potentially including [without limitation] fines and other related expenses from its payment processors and Drivers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then ClickSHIFTERS™ may fine you up to GBP£3,000.00 for each such violation and/or ClickSHIFTERS™ may take legal action against you to recover losses that are in excess of the amount charged.
You acknowledge and agree that a fine up to GBP£3,000.00 is presently a reasonable pre-estimate or minimum estimate of ClickSHIFTERS™ damages, considering all currently existing circumstances, including [without limitation] the relationship of the sum to the range of harm to ClickSHIFTERS™ that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that ClickSHIFTERS™ is entitled to charge or deduct such charges directly from any existing balance in the offending Account, or any other ClickSHIFTERS™ Account you have.
Members that are terminated by ClickSHIFTERS™ on any basis other than violation of this Member Agreement will be entitled to receive any payment due from ClickSHIFTERS™.
In the event of termination, you will have no claim whatsoever against ClickSHIFTERS™ in respect of any such suspension or termination of your membership.
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute Resolution Services
For a "Dispute" ClickSHIFTERS™ offers the Dispute Resolution Services to registered members who have elected to use the Dispute Payment feature. You agree and acknowledge that:-
(i) ClickSHIFTERS™ is excluded from providing legal services;
(ii) ClickSHIFTERS™ is excluded from advising you regarding any legal matters; and
(iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You exclude all reliance upon ClickSHIFTERS™ for any such counsel.
In the event of a dispute between an Employer and a Driver regarding a return or release of Disputed Payments, either Employer or Driver may elect to use the Dispute Resolution Services offered by ClickSHIFTERS™.
The Employer and Driver will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold ClickSHIFTERS™ and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Disputed Payments and/or Dispute Resolution Services.
11.2 ClickSHIFTERS™ is excluded from being any form of Party to any Dispute
Any disputes regarding arrangements between Drivers and Employers remain solely between Employers and Drivers. ClickSHIFTERS™ is excluded from any transactions between you and any other ClickSHIFTERS™ Member(s).
You acknowledge and agree that ClickSHIFTERS™ is excluded from being any form of party to any dispute.
If you have a dispute with any other members of the Site, you hereby release ClickSHIFTERS™ from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
11.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions [including, but never limited to, actions made by mistake] of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and ClickSHIFTERS™ is hereby released from the actual and consequential damages brought about by these claims.
11.4 Dispute Resolution Services Code of Conduct
The ClickSHIFTERS™ Code of Conduct applies to all the services offered by ClickSHIFTERS™, including, but never limited to, the Dispute Resolution Services. It is agreed by You that You will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute.
A member caught breaching the Code of Conduct during the Dispute Resolution Service process would automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The member who breached the Code of Conduct would also incur proper disciplinary action. [For more information, read the ClickSHIFTERS™ Member Code of Conduct].
11.5. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the Job and the Disputed payment or payments to be disputed. A member could contest all the payments related to a single Job in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, members are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Job [if an Employer] or wish to get paid for the Job [if a Driver]. The amount could be between 0 and the total amount of the Disputed Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or [after a period of time] choose to have ClickSHIFTERS™ Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party. If the responding party fails to pay the arbitration fee within the 4 days, the result will be in favour of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both members can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision [usually within 48 hours]. Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
11.6 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on ClickSHIFTERS™ and download or access, and test [if necessary], all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
Submit e-mail correspondences as screen-shots or as *.eml files. If submitting screen-shots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will never be honoured.
IM conversations should be submitted as screen-shots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will never be honoured.
Provide the products, contracts, and other files relating to the Job and the dispute.
ClickSHIFTERS™ will retain the confidentiality of the Job and the privacy of the involved members and will never release the collected information to any party unless required by a court of law.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by ClickSHIFTERS™ in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between ClickSHIFTERS™ and any associated entity within the ClickSHIFTERS™ organisation. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Data Protection Act 1998. The consent hereby given can, in whole or in part, be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
ClickSHIFTERS™ discloses sensitive personal information only if required to comply with legal obligations or with your consent, on a best efforts basis.
ClickSHIFTERS; ClickSHIFT; ClickSHIFTED; ClickSHIFTER; and ClickSHIFTING are trademarks of ClickSHIFTERS™.
14.1 Copyright of ClickSHIFTERS™
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of ClickSHIFTERS™ and are protected by applicable international copyright laws.
14.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out at ClickSHIFTERS.com/dmca, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
15. NO WARRANTY
ClickSHIFTERS™ is excluded from involvement in the actual transaction between Drivers and Employers.
ClickSHIFTERS™ Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, ClickSHIFTERS™ excludes any representation or warranty that:-
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected; or
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, ClickSHIFTERS™ specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers [as defined by consumer protection laws] may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in their jurisdiction.
If you are considered a consumer under your country’s consumer protection law that applies to ClickSHIFTERS™, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit your Government website or the website of your state fair trading agency.
To the extent that ClickSHIFTERS™ is able to limit the remedies available under this Member Agreement, ClickSHIFTERS™ expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies [the choice of which is to be at ClickSHIFTERS™ sole discretion]:-
(1) in the case of goods, any one or more of the following:-
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
(2) in the case of services:-
the supply of the services again; or
the payment of the cost of having the services supplied again.
However, if you are considered a consumer under your country’s consumer protection law that applies to ClickSHIFTERS™, and you use our Services for personal, domestic or household use, the above clause may be inapplicable to you. For more information on consumer protection laws, please visit your Government website or the website of your state fair trading agency.
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall ClickSHIFTERS™, its affiliates or staff be liable, whether in contract, warranty, tort [including negligence], or any other form of liability, for:-
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits [whether direct or indirect] that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
The limitations on ClickSHIFTERS™ liability to you above shall apply irrespective of whether ClickSHIFTERS™, its affiliates, or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of ClickSHIFTERS™ and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within any applicable Trade Practices Act and relevant state fair trading legislation.
16.2 Jurisdiction's Limitations
As some jurisdictions refuse to allow some of the exclusions or limitations as established above, some of these exclusions or limitations may be inapplicable to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
16.3 Bar to action
ClickSHIFTERS™ may plead this Member Agreement in bar to any claim, action, proceeding or suit brought by you, against ClickSHIFTERS™ for any matter arising out of any transaction or otherwise in respect of this Member Agreement.
You agree to indemnify and hold us and [as applicable] our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages [actual, special and consequential] of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Member Agreement or your violation of any law or the rights of a third party.
Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign currencies [including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances]. You agree to never attempt to use the Site to engage in speculative trading, which could result in substantial losses. Zero advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.
Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are never available through consumer or retail channels. These rates are never a suitable reference for currency changes made on the Site.
Certain currency related services are provided by ClickSHIFTERS™ Investment Management, including its subsidies, as applicable, including ClickSHIFTERS™ Investments.
19. APPLICABLE LAW
Any dispute arising out of or in connection with this Member Agreement shall be governed by the laws of Belize. You and ClickSHIFTERS™ irrevocably submit to the non-exclusive jurisdiction of the courts of Belize.
The provisions of this Member Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by ClickSHIFTERS™ to a third party without your consent in the event of a sale or other transfer of some or all of the assets of ClickSHIFTERS™. In the event of any sale or transfer you will remain bound by the Member Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ClickSHIFTERS™ delay to act with respect to an anticipated or actual breach by you or others is other than a waiver of ClickSHIFTERS™ right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
ClickSHIFTERS™ has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site:-
For each visitor to ClickSHIFTERS™ web site, our web server automatically recognizes only the consumer's domain name, but never the e-mail address. ClickSHIFTERS™ collects only the domain name, but never the e-mail address of visitors to our web site, aggregate information on what pages consumers’ access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our web site, used to notify consumers about updates to our web site, and never shared with other organizations for commercial purposes.
When you participate on the ClickSHIFTERS™ web site, we request certain information. ClickSHIFTERS™ never share any of your personally identifiable or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions.
If you supply ClickSHIFTERS™ with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
Personally Identifiable Information
When visiting ClickSHIFTERS™ or any Client's Web site and signing up for or using ClickSHIFTERS™ services through any Service Page, you may choose to supply ClickSHIFTERS™ with information that identifies members personally. For End-Members [Suppliers of Service], this information may include name and contact information, gender, birth date, occupation and industry, shipping and billing information, credit card numbers and other payment information, behaviour patterns, purchase history, and other information.
From time to time, ClickSHIFTERS™ may use customer information for new, innovative and unanticipated uses never previously disclosed or described in our privacy notice. If our information practices change at some time in the future we will post the policy changes to the ClickSHIFTERS™ web site to notify you of these changes and provide you with the ability to opt out of these new uses or changes. If you are concerned about how your information is used, you should check back at our web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by contacting ClickSHIFTERS™. Upon request ClickSHIFTERS™ provide site visitors with access to all information [including proprietary information] that ClickSHIFTERS™ maintain about them.
Aggregate-Information ClickSHIFTERS™ collects non-identifying, general, generic and aggregate information to better design our Web site and services, and shares the aggregate data with advertisers and other third parties. With respect to security: ClickSHIFTERS™ uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.
22. COPYRIGHT INFRINGEMENT POLICY
ClickSHIFTERS™ respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ClickSHIFTERS™ Copyright Agent with the information specified below in the form of a "Notification of Alleged Infringement".
It is ClickSHIFTERS™ policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a subscriber and concerned about the removal of or blocked access to your content, please provide ClickSHIFTERS™ Copyright Agent with the written information specified below in the form of a "Counter-Notification."
The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act --- the text of which can be found at the U.S. Copyright Office Website at www.Copyright.gov.
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending ClickSHIFTERS™ registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:-
2 Apex Business Center
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include all the following information:-
1. Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed;
2. Identification of the copyrighted material claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled;
5. Information reasonably sufficient to permit ClickSHIFTERS™ to locate the material that is claimed to be infringing or to be the subject of infringing activity;
6. Information reasonably sufficient to permit ClickSHIFTERS™ to contact you, such as a physical address, email address, and telephone number;
7. A statement that you have a good faith belief that use of the material in the manner complained of is never authorized by the copyright owner, its agent, or the law; and
8. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you elect to send us a Counter-Notification, please send an email or letter to ClickSHIFTERS™ registered Copyright Agent at the email or mailing address below:-
2 Apex Business Center
To be considered effective a Counter-Notification must be submitted in writing and include all the following information:-
1. Physical or electronic signature of the subscriber or a person authorized to act on behalf of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Belize and that the subscriber will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
23. OTHER POLICY
2. Delivery Policy – Delivery & Time-frame. Delivery is contracted between members of ClickSHIFTERS™. Pick-up and Delivery time frames are specified and agreed on the system between the members. Progress status of pick-up and delivery are relayed by the system to the involved members. ClickSHIFTERS™ will adjudicate in instances of disagreement and contract non-performance and will strive to aid the members to reach settlement.
3. Refund / Cancellation Policy – Members placing JOBs are able to cancel a JOB, and any attendant charges, if the JOB has never been contracted to by a delivering-member. Once a JOB has been contracted to by a delivering member and the member placing the JOB wants to cancel the JOB, they can do so, without charges, if the delivering-member hasn’t incurred any costs, such as travel time. If the delivering-member has incurred costs on a JOB and the JOB placing member wants to cancel, or substantially alter, the JOB after the contract has been struck, the delivering-member will communicate a charge to the JOB placing member, to be accepted by that member.
4. Contact us –
Postal address: ClickShifters™
2 Apex Business Center
Phone: +44 20 8144 8941