Indeed Flex – User License

Indeed Flex – User License 

Last updated August 28, 2022 

Welcome to Indeed Flex, Inc. (“Flex” or “us”)! We are an online platform that connects businesses that are looking to engage temporary staff on an as-needed basis (each such business being the “Client”) with individuals who are looking for temporary employment opportunities (each such individual being a “Flexer”).

This Flexer User License (“Flexer User License”), presides over your use of the services offered by Flex via Flex’s website, web application (accessible via the following URL https://indeedflex.com) and mobile applications. Such services, website and mobile applications (including the Indeed Flex App) are hereinafter together referred to as the “Service”. Your use of the Service as a Flexer or prospective Flexer constitutes your acceptance of and agreement to all of the terms and conditions defined herein.

Flex reserves the right to change the Flexer User License at any time, in its sole discretion, by notifying you of such changes by any reasonable means, including by posting the latest version on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

 

1. Definitions and Interpretation

The following definitions and rules of interpretation apply in this Flexer User License:

“Account” means the Flex account you open when you register to become a Flexer and use the Service;

“Affiliate” shall refer to any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;

“Assignment” means a description of the requested services (i.e. specific job duties, pay rate, time(s) and location(s) for the performance of such services) that is posted by Clients on the Service;

“Engagement” means a Client’s engagement of a Flexer via the Service to provide Flexer Services in respect of any Assignment; an Engagement may be comprised of a single Shift (as defined in herein) or multiple Shifts;

“Flexer” means an individual employed by Indeed Flex, Inc. to perform Flexer Services as defined in this Flexer User License and the Flexer Employment Terms;

“Flexer Services” means the activities to be performed by Flexers during the course of any Engagement; and

“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary). For Indeed Flex Inc., “Group Company” shall refer to any Affiliate under the common control of Recruit Holdings Co., Ltd.;

“Indeed Flex App” means Indeed Flex’s proprietary application through which Users and Clients may access and use the Indeed Flex Platform;

“Rating” means the numerical start rating a Client has submitted about any Flexer in related to an Engagement; 

“Shift” means one or more recurring periods in which a Flexer provides services during a single Engagement;

“User” means anyone (including but not limited to a Flexer or a Client) that registers for an Account;

In this Flexer User License, headings (including any sections and subsections) are for convenience only and do not affect interpretation;

References to “you” or “your” are deemed to be references to a User.

 

2. User Accounts

Users create an Account when they register to use the Service. By creating an Account, a User confirms that they are 18 years old or over and are legally capable of entering into binding contracts. 

All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a User has any reason to believe that their Account is being used by anyone else, contact Flex immediately by emailing [email protected] If we believe that a User’s Account has been compromised, we may suspend that account and will attempt to contact the User to try and resolve the problem.

We may, at our sole discretion, refuse to register any person or entity as a User.

If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on [email protected].

By providing Flex with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you agree to receive calls (including using artificial or pre-recorded voice), and texts from Flex. To stop receiving text messages, reply to the text with STOP or contact your Flex supervisor. For clarity, you agree and understand that texting STOP in response to a Flex SMS alert will unsubscribe you from those Flex SMS alerts; however, you may continue to receive texts which you have otherwise consented to receive. You may continue to receive texts related to your performance of Flexer Services. To revoke consent to receiving such texts, contact your Flex supervisor. Flex may require you to provide alternative methods for contacting you in connection with your performance of Flexer Services. You may also revoke your consent to receive text messages by terminating your Flexer Account. Revoking consent by replying STOP or terminating the Account does not apply to a phone number that a Client already has that you provided to the Client. Once a Client has your phone number, you agree that Flex is not responsible or liable for the manner in which the Client uses the number.

 

3. Content on our Service

Flex may change or remove content, functionality or parts of the Service at any time in its sole discretion.

The legal rights (including the intellectual property rights) in the Service and any content on it is owned by Flex, or licensed to Flex by third parties. The Service and content are protected by intellectual property rights. Save for the limited right to use the ordinary functionality of the Service as granted under this Flexer User License, nothing on the Service grants you any license or right to use, copy, alter or remove such material. You may not use the Flex trademarks, logos or other intellectual property without obtaining prior written approval from Flex.

User Generated Content is content added by users as opposed to content created by the Service. All content uploaded to the Service by our users is User Generated Content. The user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. Flex may monitor User Generated Content, and reserves the right to delete any User Generated Content or portion thereof that Flex, in its sole discretion, deems inappropriate.

From time to time, the Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. Flex has no control over, or responsibility for, the content of the linked websites, applications or web properties.

Flex does not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative, you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, Flex shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. Flex or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. Flex has the right to update the software included in the Service from time to time.   In any case, Flex will not be liable to you for the unavailability or failure of the Service or our services.

Your access to the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Flex will endeavor to restore the Service as soon as reasonably possible.  Additionally, Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice, and may require you to take measures necessary to maintain access to the Service, including creating and maintaining user accounts.

Flex does not guarantee that the Service, or any content on it, will be free from errors or omissions.

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Flex infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Flex to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Flex a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Indeed Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ indeed.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us at [email protected]

 

4. User License

Flex allows Flexers to submit applications for Assignments (which may include, for example, resumes, pictures, text, information and/or other types of content) (the “Content”). Any resume or application information that you submit through the Service, including personal data included in a resume, application or communication with Clients on the Indeed Flex App is subject to this Flexer User License and to the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex ), as well as the Flexer Employment Terms (accessible via the following URL https://indeedflex.com/flexer-terms/ ), if applicable.

You are solely responsible for your Content and the consequences of posting or publishing it. Flex does not endorse any Content or any opinion, recommendation, or advice expressed therein. Flex assumes no responsibility and disclaims all liability for the information you post, send or receive through the Service, and for any acts or omissions by you in connection with your use of the Service. 

By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contained in this Flexer User License and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licenses, rights and permissions which are required to enable us to use your Content as contemplated by this Flexer User License.

You acknowledge and agree that any Content or confidential information you provide to Flex may be shared with or accessible by Flex’s Group Companies working on Flex’s behalf, or in partnership with Flex, in furtherance of the temporary staffing services being provided or offered, consistent with the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex ) and to the extent permitted by law.

 

5. Your use of the Service

5.1  You agree that you will not:

(a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;

(b)  advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;

(c) use virtual private networks, false email addresses or any other means to mask your identity;

(d) attempt to access the accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;

(e) disable or modify any copy protection technology used on the Service;

(f) abuse or manipulate the rating/review system on the Service;

(g) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;

(h) collect, harvest or ‘scrape’ any data from any web pages contained in the Service;

(i) upload, share or submit content that is or may be interpreted as unlawful, obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of discrimination laws or otherwise objectionable, irrelevant or unconstructive;

(j) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;

(k) do or omit to do anything which would bring  Flex, Flex’s Group Companies, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, overburden or impair the Service; or

(l) otherwise use the Service in violation of this Flexer User License or the Flexer Employment Terms.

Flex reserves the right to use any User Generated Content (including the content of messages or material sent through or to the Site or Indeed) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other Users. Flex reserves the right to not deliver any message that Flex suspects to be malicious or spam, for fraud mitigation, or for any reason. 

5.2  Flex may suspend, restrict or terminate your Account and/or your access to the Service with or without advance notice if we believe that you have breached this Flexer User License. This does not limit Flex’s right to take any other actions against you that we consider appropriate to protect Flex’s rights.

Occasionally, Flex may test improvements to our Service. You agree that Flex may conduct such tests, which are meant to improve the effectiveness of our Service, without notice to you.

5.3 When you use the Service, you consent to Flex knowing, processing, analyzing, storing, and recording any and all activities you take on the Service, including, but not limited to, technical information such as the Internet protocol (IP) address used to connect your device to the Internet; your login details; browser type and version; time zone setting; browser plug-in types and versions; operating system and platform, dates and times you use the Service; work opportunities you view or search for; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); methods used to browse away from the page; and any phone number used to call our customer service number. You agree that Flex may use third-party vendors as necessary to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through the Service, and that such vendors’ activities are an extension of the Service. By using the Service you authorize Flex and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Service. When you view, send, store or receive materials (including messages) through or using the Service, Flex may, for example, use such materials for data analysis, quality control, or to refine the Service or any other Indeed product or service, whether via automated means or otherwise. If you send or receive communication through the Service, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Service’s rules and other Flex policies, content moderation, and to improve the Service or any other Indeed product or service. If and when you ask Flex to transmit a communication or message through the Service, you understand that this is without warranty, as Flex cannot guarantee that the message will be delivered, received, read, accessed or acted upon, and that Flex reserves the right to reformat such message.

 

6. Governing Law 

This Flexer User License and any dispute arising out of or in connection with or related to this Flexer User License (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Flexer User License, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. 

 

7. Disclaimer of Warranties

YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLEX NOR ANY PERSON ASSOCIATED WITH FLEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. Flex disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material. Flex further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Service or on other sites or services on the Internet accessed through the Service. Under no circumstances shall Flex be liable to you or any third party on account of your use or misuse of or reliance on the Service. Additionally, under no circumstances shall Flex be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from the Service. Flex further disclaims all liability for any technical malfunction of the Service, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Service. Flex may offer suggestions, recommendations, or information to Users that may support or improve their experience on the Service. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. Flex assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Flex. FLEX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR GROUP COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Limitations on Liability 

UNDER NO CIRCUMSTANCES SHALL FLEX OR ITS AFFILIATES OR GROUP COMPANIES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INDEED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF FLEX AND ITS GROUP COMPANIES AND AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO MONIES FLEX HAS RECEIVED FROM CLIENTS IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENTS.

Without limiting the foregoing, under no circumstances shall Flex or its Affiliates or Group Companies, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of Flex.

9. Severability and Reformation

If any provision of this Flexer User License is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of this Flex User License.