Last updated: March 27, 2017
These Terms of Service (“Terms”) govern “your”, “you”, (the “User”) use of the platform offered by WorkMeNow App, LLC (“WorkMeNow” or “Company”) at Company’s website (www.workmenowapp.com the “Site”) or similar mobile applications. The platform services provided by Company, the Site, and mobile applications together are hereinafter collectively referred to as the “WorkMeNow Platform” or the “Services”.
The Services constitute a technology platform that enables Users of WorkMeNow’s mobile applications or websites (each, an “Application”) to arrange and schedule services with third party providers of such services, including, but not limited to, third party transportation providers and third party logistics providers (“Workers”). “Users” are individuals and/or business seeking to obtain services (“Service(s)”) provided by Workers. “Workers” are individuals and/or businesses seeking to perform Services for Users. Users and Workers together are hereinafter referred to as Users. If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in Section 5 below. Unless otherwise agreed by WorkMeNow in a separate written agreement with you, the Services are made available solely for personal, noncommercial use.
YOU ACKNOWLEDGE THAT WORKMENOW DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. WORKMENOW DOES NOT SUPERVISE, DIRECT OR CONTROL A WORKER’S WORK OR THE SERVICES IN ANY MANNER, WHICH USER HEREBY ACKNOWLEDGES. WORKMENOW DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
The WorkMeNow Platform only enables connections between Users for the fulfillment of Services. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Workers, Users, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and services provided by Users identified through the WorkMeNow Platform whether in public, private, or offline interactions.
Subject to your compliance with these Terms, WorkMeNow grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through this Agreement, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WorkMeNow and WorkMeNow’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by WorkMeNow; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
As part of the functionality of the WorkMeNow Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the WorkMeNow Platform; or (ii) allowing WorkMeNow to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to WorkMeNow and/or grant WorkMeNow access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating WorkMeNow to pay any fees or making WorkMeNow subject to any usage limitations imposed by such third party service providers. By granting WorkMeNow access to any Third Party Accounts, you understand that (i) WorkMeNow may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the WorkMeNow Platform via your account, including without limitation any friend lists, and (ii) WorkMeNow may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be User Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the WorkMeNow Platform. Please note that if a Third Party Account or associated service becomes unavailable or WorkMeNow’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the WorkMeNow Platform. You will have the ability to disable the connection between your account on the WorkMeNow Platform and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. WorkMeNow makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and WorkMeNow is not responsible for any SNS Content. You acknowledge and agree that WorkMeNow may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the WorkMeNow Platform. At your request made via e-mail to firstname.lastname@example.org, Company will deactivate the connection between the WorkMeNow Platform and your Third Party Account and delete any information stored on WorkMeNow’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
The Services and all rights therein are and shall remain WorkMeNow's property or the property of WorkMeNow's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except for the limited license granted above); or (ii) to use or reference in any manner WorkMeNow's company names, logos, product and service names, trademarks or services marks or those of WorkMeNow's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal User Services account (“Account” or “User Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to WorkMeNow certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and/or may result in WorkMeNow's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. WorkMeNow has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security you will immediately contact WorkMeNow. Unless otherwise permitted by WorkMeNow in writing, you may only possess one Account.
By providing your mobile phone number and using the WorkMeNow Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the WorkMeNow Platform. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or WorkMeNow’s mobile application, or by emailing email@example.com.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Servicess from Workers unless accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). During your use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Worker or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
User Provided Content.
WorkMeNow may, in WorkMeNow's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to WorkMeNow through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to WorkMeNow, you grant WorkMeNow a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WorkMeNow's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WorkMeNow the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor WorkMeNow's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WorkMeNow in its sole discretion, whether or not such material may be protected by law. WorkMeNow may, but shall not be obligated to, review, monitor, or remove User Content, at WorkMeNow's sole discretion, at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WorkMeNow does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The WorkMeNow Platform hosts User Content relating to reviews and ratings of specific Workers (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company, and each User should undertake their own research to be satisfied that a specific Worker is the right person for a Service. You agree that WorkMeNow is not liable for any Feedback or other User Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company does not automatically investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Company do so.
WorkMeNow may, in WorkMeNow's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Worker’s services, subject to any additional terms that WorkMeNow establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by WorkMeNow; (iii) may be disabled by WorkMeNow at any time for any reason without liability to WorkMeNow; (iv) may only be used pursuant to the specific terms that WorkMeNow establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. WorkMeNow reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that WorkMeNow determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Worker (“Charges”). After you have received services or goods obtained through your use of the Services, WorkMeNow will facilitate your payment of the applicable Charges on behalf of the Worker, as such Worker's limited payment collection agent.
WorkMeNow currently uses Stripe (“Stripe”) for payment processing services, but may use similar or other applications in the future. By using the Stripe payment processing services, you agree to the Stripe Payment Services Agreement available at https://www.stripe.com/us/legal and the applicable bank agreement available at https://www.stripe.com/us/legal. Please note that WorkMeNow is not a party to the Stripe Payment Services Agreement and that you,Stripe, and any other parties listed in the Stripe Payment Services Agreement are the parties to the Braintree Payment Services Agreement and that WorkMeNow has no obligations or liability to any User/Worker under the Stripe Payment Services Agreement.
Payment of the Charges in this manner shall be considered the same as payment made directly by you to the Worker. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by WorkMeNow. You retain the right to request and/or negotiate with a Worker for lower Charges for service before or at the time you receive such service work from the Worker. WorkMeNow will respond accordingly to any agreement between you and a Worker to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated by WorkMeNow using the preferred payment method designated in User’s Account, after which WorkMeNow will send User a receipt by email or post to your online Account portal. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WorkMeNow may, as the Worker's limited payment collection agent, use a secondary payment method in User’s Account, if available.
As between User and WorkMeNow, WorkMeNow reserves the right to establish, remove and/or revise Charges for any Service obtained through the use of the Services at any time in WorkMeNow's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. WorkMeNow will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. WorkMeNow may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a Worker at any time prior to such Worker’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Worker for the Service provided. WorkMeNow does not designate any portion of your payment as a tip or gratuity to the Worker. Any representation by WorkMeNow (on WorkMeNow's website, in the Application, or in WorkMeNow's marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for Services provided is not intended to suggest that WorkMeNow provides any additional amounts, beyond those described above, to the Worker. You understand and agree that, while you are free to provide additional payment as a gratuity to any Worker who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Worker.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Worker property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Worker reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by WorkMeNow in WorkMeNow's reasonable discretion, WorkMeNow reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Worker using your Account. Such amounts will be transferred by WorkMeNow to the applicable Worker and are non-refundable.
Contract between Users and Workers
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Service with another User/Worker. The terms of the Service Agreement include the terms set forth in this Agreement, the engagement terms proposed and accepted on the WorkMeNow Platform, and any other contractual terms accepted by both the User and the Worker to the extent such terms do not conflict with the terms in this Agreement and do not expand WorkMeNow’s obligations or restrict WorkMeNow’s rights under this Agreement. You agree that WorkMeNow is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between WorkMeNow and the Worker.
Where approved in advance by the User, the Worker is not obligated to personally perform the Services. Before any services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Worker, the Worker shall require any such individuals to become registered Workers on the WorkMeNow Platform pursuant to WorkMeNow policies as described on the WorkMeNow Platform. The Worker assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Worker and all persons engaged by the Worker in the performance of the service.
Worker Classification and Withholdings
AS SET FORTH IN SECTION 2, WORKMENOW DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of WorkMeNow. Each User acknowledges that WorkMeNow does not, in any way, supervise, direct, or control a Worker’s work or Service performed in any manner. WorkMeNow does not set a Worker’s work hours or location of work. WorkMeNow will not provide any equipment, labor, or materials needed for a particular Service. WorkMeNow does not provide any supervision to Users of the Services performed by Workers.
The WorkMeNow Platform is not an employment service and WorkMeNow is not an employer of any User/Worker. As such, WorkMeNow is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of services.
Release Regarding WorkMeNow’s Liability Between Users
As set forth in Section 2, the WorkMeNow Platform is only a venue for connecting Users/Workers. Because WorkMeNow is not involved in the actual contact between Users/Workers or in the completion of Services, in the event that you have a dispute with one or more Users/Workers, you release WorkMeNow and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. WORKMENOW EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS/WORKERS OF ITS SERVICES/WORKMENOW PLATFORM.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WORKMENOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WORKMENOW MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, GOODS, OR SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WORKMENOW DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF WORKERS/THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WORKMENOW SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WORKMENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORKMENOW SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY WORKER, EVEN IF WORKMENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORKMENOW SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WORKMENOW'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT WORKERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL WORKMENOW'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
WORKMENOW’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH WORKERS/THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WORKMENOW HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY WORKERS/THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless WorkMeNow, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Services/WorkMeNow Platform; (ii) your use of the Services obtained through your use of the Services; (iii) any content submitted by you or using your Account to the WorkMeNow Platform, including, not but limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; (iv) your breach or violation of any of these Terms; (v) WorkMeNow's use of your User Content; or (vi) your violation of the rights of any third party. WorkMeNow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter that impacts WorkMeNow’s legal rights without the written consent of WorkMeNow.
You also agree to indemnify, hold harmless and defend WorkMeNow from any and all claims that a Worker was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Worker was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that WorkMeNow was an employer or joint employer of a Worker, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Dispute Resolution By Email, Then Mediation, Then Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Service Department at firstname.lastname@example.org in order that WorkMeNow is given an early opportunity to resolve an issue. In the unlikely event that WorkMeNow is unable to resolve a complaint you may have to your satisfaction (or if WorkMeNow has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to formally mediate the dispute before a paid mediator, which will be scheduled and paid for by WorkMeNow, so there is no charge to you. If mediation does not result in a successful resolution, we each agree to then resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.For any non-frivolous claim that does not exceed $75,000, WorkMeNow will pay all costs of the arbitration, so there is no charge to you. Moreover, in arbitration, you are entitled to recover attorneys' fees from WorkMeNow to at least the same extent as you would be in court.
Mediation and Then Arbitration Agreement and Process
WorkMeNow and you agree to first discuss by email, then mediate, then arbitrateall disputes and claimsbetween us. This agreement to email, then mediate, and then arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to “WorkMeNow,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. Notwithstanding the foregoing, after the aforementioned email and then mediation process, either party may then bring an individual action in small claims court instead of filing an arbitration action. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and WorkMeNow are each waiving the right to a trial by jury or to participate in a class action.This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to WorkMeNow should be addressed to: Attn: Customer Service Dept., 5851 Legacy Circle, 6th Floor, Plano, Texas 75024 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If WorkMeNow and you do not reach an agreement to resolve the claim within 30-days after the Notice is received, you or WorkMeNow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WorkMeNow or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WorkMeNow is entitled.
After WorkMeNow receives written notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, WorkMeNow will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless WorkMeNow and you agree otherwise, any arbitration hearings will take place in Dallas County, Texas and will be confidential. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, WorkMeNow will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse WorkMeNow for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of WorkMeNow’s last written settlement offer made before an arbitrator was selected, then WorkMeNow will:
If WorkMeNow did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.:
The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of money damages, attorneys' fees, or costs. Although under some laws WorkMeNow may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, WorkMeNow agrees that it will not seek such an award. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WORKMENOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WorkMeNow agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding any provision in this Agreement to the contrary, we agree that if WorkMeNow makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will email, then mediate, then arbitrate any dispute between us in accordance with the language of this provision.
If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
8.2 No Agency.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
8.3 No Waiver.
Failure by WorkMeNow to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and WorkMeNow with respect to its subject matter
8.4 Assignment; Governing Law.
8.4.1 Assignment. WorkMeNow may assign this Agreement, but you may not assign this Agreement without WorkMeNow’s prior written consent.
8.4.2 Governing Law. The laws of the state of Texas shall govern this Agreement and any interpretation of this Agreement.
8.5 Changes to this Agreement and WorkMeNow Platform
Effective: July 1, 2016
Please review this Policy periodically as WorkMeNow may revise this Policy without notice. Each time you use the WorkMeNow Platform or provide WorkMeNow with information, by doing so you are accepting the practices described in this Policy at that time.
Data WorkMeNow Collects From You
WorkMeNow collects information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with WorkMeNow. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
When you use our Services, WorkMeNow collects information about you in the following general categories:
Data WorkMeNow Collects From Other Sources
WorkMeNow may also receive information from other sources and combine that with information WorkmeNow collects through WorkMeNow Services. For example, if you choose to link, create, or log in to your WorkMeNow account with a social media service (e.g., Facebook), WorkMeNow may receive information about you or your connections from that site or app. When you request on demand services, WorkMeNow Workers and/or Drivers may provide WorkMeNow with a User rating after providing services to you.
Use Of Information WorkMeNow Collects
WorkMeNow may use the information WorkMeNow collects about you to:
WorkMeNow may transfer the information described in this Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, WorkMeNow will take appropriate measures to protect your personal information in accordance with this Policy.
WorkMeNow’s Sharing of Information
WorkMeNow may share the information WorkMeNow collects about you as described in this Policy or as described at the time of collection or sharing, as follows:
WorkMeNow may share your information:
WorkMeNow will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Effective: July 1, 2016
Last updated: March 27, 2017
WorkMeNow App, LLC (“WorkMeNow”) collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with WorkMeNow.
This Privacy Statement for Drivers (“Statement”) applies to drivers that use the WorkMeNow platform under license (“Drivers”). This Statement does not apply to persons (e.g. riders, Workers, Clients) who use the WorkMeNow app or Services to request transportation or other on-demand services (“Users”). If you interact with the Services as both a User and a Driver, the applicable User or Driver privacy statement applies to your different interactions.
DATA WORKMENOW COLLECTS FROM YOU
WorkMeNow may collect personal information from or about Drivers when Drivers create an account for, and use, the WorkMeNow Services, including location data, which information may be stored, processed, and/or accessed by WorkMeNow, as well as its service providers, for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with WorkMeNow’s legitimate business needs. By submitting information to WorkMeNow during the account creation process and/or by using the Services, Drivers consent to such collection and use of personal data.
DISCLOSURE OF DRIVER INFORMATION TO THIRD PARTIES
Subject to all applicable laws, WorkMeNow may provide to a third party any information (including personal data and any WorkMeNow Data) about Drivers if: (a) there is a complaint, dispute or conflict, including an accident, relating to a Driver; (b) it is necessary to enforce the terms of the Driver agreement; (c) it is required, in WorkMeNow’s sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in WorkMeNow’s sole discretion, to protect the safety, rights, property, or security of WorkMeNow, the WorkMeNow Services, or any third party, including Users; (e) to detect, prevent or otherwise address fraud, security or technical issues; and/or (f) to prevent or stop activity which WorkMeNow, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
LOCATION-BASED SERVICES CONSENT
You hereby expressly consent to WorkMeNow’s use of location-based services and expressly waive and release WorkMeNow from any and all liability, claims, causes of action or damages arising from your use of the WorkMeNow Services, or in any way relating to the use of the precise location and other location-based services.
Last updated: March 23, 2018
The following Membership terms apply to Drivers, Workers (Business), and Users.
Definitions. For the purposes of this Section 4, the following definitions apply:
“Driver” Refers to any member that will be providing the service of driving through the WorkMeNow platform. A driver can also sign up to be a worker. All drivers are considered “users” as well. Also referred to as “Service Provider”
“Worker/Business” refers to any member or business that will be available to provide a specified service through the WorkMeNow platform. A worker can also sign up to be a driver. All workers/businesses are considered “users” as well. Also referred to as “Service Provider”
“Users” refers to members that have a membership of any level and uses the WorkMeNow app/platform for any and all services. Users can sign up to become a Driver/Worker which will be under a new membership account and will have additional requirements.
“Driver/Worker Annual Earnings” means the amount of money each Driver/Worker earns from completing a ride or service through the WorkMeNow platform in a one (1) year period.
“Driver/Worker/User Annual Spending” means the amount of money each Driver/Worker/User spends on rides or services through the WorkMeNow platform in a one (1) year period.
“Membership” means WorkMeNow’s receipt of the following amounts as consideration for each respective Membership from Driver, Worker, Business or User: Free Membership and Founder Membership.
“Founder Membership” means WorkMeNow’s receipt of the following amounts as consideration for each respective Membership from Driver, Worker, Business or User; Founder Membership consisting of a ten dollar ($10) Monthly Subscription Fee..
“E-Wallet” each Driver/Worker/Business/User will have a Wallet associated with their membership. This will consist of Cash Rewards and Credit Rewards.
“Cash Rewards” means the amount of rewards in the value of cash that can be viewed in the member’s E-Wallet. Cash Rewards consists of the following: (A) The earnings a Driver/Worker/Business receives after completing a job/service; (B) the sum of the percentages from your Qualified Referrals earnings and (C) any revenue shared cash back from our Affiliate Partners. A bank account must be linked with your E-Wallet in order to withdraw your cash rewards. Or contact WorkMeNow at email@example.com to verify your information and we will send a check with a ten dollar ($10) processing and handling fee.
“Free Member” applies to any free membership after the limited early special has ended; means a user receives status that consist of the following: (A) they will receive a percentage cash back from total revenue received from our Affiliate Partners. No shopping required to receive a portion of revenue share. (B) For service providers only, they can receive up to eighty-five (85%) of the base charge for the service provided.
“Founder Member” refers to a member during Limited Early Special only. This means a member receives status that consist of the following: (A) Ten percent extra (10%) of the revenue received from shopping through our Affiliate Partners is exclusively for our founder members. (B) A five percent (5%) credit back on all WorkMeNow Services ordered, not to exceed one thousand dollars ($1000) credit back in one year. (C) Five percent (5%) of member’s monthly subscription is used to support charitable organizations. (D) For service providers only, they can receive up to one hundred percent (100%) of the base charge for the service provided, not to exceed four thousand dollars ($4000) back in one year, will receive normal premium fare back once cap is reached.
“Inactive Account” means a membership account that has no withdrawals from the cash rewards or usage of the credit rewards for a specified period of time. Also known as a dormant account.
WorkMeNow’s Reservation of Right to Change Percentages. Notwithstanding the Membership Rewards conferred above, WorkMeNow reserves the right, in its discretion, to alter upwards or downwards any percentages above as economic conditions permit or mandate.
Membership Levels; Benefits, Fee and Optional Services.
Free Membership. For every free member they will receive a percentage cash back from total revenue received from our Affiliate Partners. No shopping required to receive a portion of revenue share. No Monthly Fees and no Activation Fees apply.
Founder Membership. Every member will receive: (A) Ten percent extra (10%) of the revenue received from shopping through our Affiliate Partners is exclusively for founder members. (B) A five percent (5%) credit back on all WorkMeNow Services ordered, not to exceed one thousand dollars ($1000) credit back in one year. (C) Five percent (5%) of member’s monthly subscription is used to support charitable organizations. (D) For service providers only, they can receive up to one hundred percent (100%) of base charge for services provided, not to exceed four thousand dollars ($4000) back in one year, will receive normal premium fare back once cap is reached. Every member is held to the following: (E) A one time, twenty dollar ($20) Activation Fee. (F) A ten dollar ($10) Monthly Subscription Fee.
Fees. Every member will be responsible for the following fees when applicable: (A) Background Check Fee for Drivers/Workers only, in the amount of twenty -five dollars ($25) a year, after year one (1) this fee will draft from the Member’s Rewards Account, (B) Fingerprinting Fee for Drivers/Workers only, IF required by state or city, in the amount of forty dollars ($60), one (1) time fee.
WorkMeNow prohibits discrimination against Users, Workers, or Drivers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any User, Worker, or Driver found to have violated this prohibition will lose access to the WorkMeNow platform.
Last updated: October 6, 2017
WorkMeNow offers a service “Shop-MeNow” that allows WorkMeNow community to share in cash back credit on purchases made at many stores. Work Me Now receives varying percentages of qualifying purchases back from merchants we are affiliated with. We share 80% of this cash back revenue with the Work Me Now Community. It is free to sign up and use Shop-MeNow. You can shop our affiliate partners through our website and mobile app. (iOS and Android)
Please read this complete member agreement ("Agreement") for full details on the Shop-MeNow Cash Back Shopping Program ("Program"). We think you will agree that Shop-MeNow offers great incentives for everyone to shop with the stores they are already do.
By signing up with WorkMeNow and/or by utilizing the Shop-MeNow applications ("Applications"), you agree to be bound by this Agreement. Signing up is simple: you must provide an email address so WorkMeNow can inform you when rewards are credited to your account. Members must agree not to use the Program for any illegal or fraudulent activity. Please be aware that participation in the Program and the opportunity to earn cash back are offered at the sole discretion of WorkMeNow and WorkMeNow has the right to change this Agreement in whole or in part, at any time, with or without notice.
WorkMeNow App LLc earns commissions when you use our links to visit and then purchase from our affiliate partner stores. Our affiliate partners have their own list of qualifying purchases on which they pay a commission. Additionally, the percentage of the qualifying purchase that we receive varies from each affiliate partner.
All members (whether you shopped or not) will be measured on the following criteria to determine the percentage of the commissions they receive.
*Receipts must be uploaded and submitted for us to qualify any Top Spending Members.
**Measurements will be taken at the end of each quarter, in order to share the revenue that accumulated that quarter in a fair manner.
***Top Spending Members only need to reach the “$1000/month up to $5000+/month” criteria 1 time during the quarter to qualify.
WorkMeNow receives commissions from our affiliate partners on a 30-90 day cycle. All revenue collected in Q1, regardless if the qualifying purchase was made in Q1, will be shared between anyone who was a member of WorkMeNow during Q1. These members will receive this payment in Q2. This pay schedule applies to each quarter.
Jan 1-Mar 31
Apr 1-June 30
July 1-Sept 30
Oct 1-Dec 31
Choose a store, product, coupon or other offer displayed on Shop-MeNow.com or the Shop-MeNow application, click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase. Earning cash back ("Cash Back") is dependent on each affiliated stores program details. Specific Cash Back amounts vary by store and product category and are provided in detail in each stores terms and conditions . The net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.
Certain Affiliate Stores exclude a number of products and purchases from the Program, therefore we receive cash back on “Qualifying Purchases” only. Additionally, for us to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the Shop-MeNow affiliate links. If you visit other sites before completing your purchase or have items stored in your cart from previous site visit, part of your purchase might not earn cash back. If you disable 'cookies' on your computer we will not be able to earn Cash Back as cookies are used to authenticate the affiliate link.
All Cash Back from our affiliate partners is rewarded to WorkMeNow. WorkMeNow has set up a cash-back model to reward all members. 80% of the revenue is shared with the WorkMeNow community based on the following criteria.. 1. Every member qualifies to be rewarded, whether you make a purchase through Shop-MeNow or not. 2. 10% of the revenue will be giving back to Founding Members only. 3. 50% of the revenue will be giving back to all members, based on how many referrals they have accumulated. Pay is scaled in levels, from referring 0 members up to 31+ members. 4. 20% of the revenue will be giving back top spending members. Pay is scaled in levels, from $1000/month in purchases up to $5000+/month in purchases. *Receipts must be uploaded for us to verify which level of top spending you qualify for.
To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with WorkMeNow ("Active Account") with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid bank account to enable direct deposit, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes.
WorkMeNow pays its members accrued Cash Back every 3 months, at a minimum. WorkMeNow pays members in U.S. dollars via check, Paypal, and linked bank accounts. Members may select or change their payment options in the Wallet section under “My Account”. If your check expires without being cashed or deposited or if it is returned to WorkMeNow, it will be returned to your account in the form of WMN credits. Each payment represents Cash Back accrued during the prior quarter based on the schedule below. The minimum payment amount is $10.01. Balances below $10.01 remain in your account for potential payment during the next payment period.
Jan 1-Mar 31
Apr 1-June 30
July 1-Sept 30
Oct 1-Dec 31
Please note that orders from a few Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores and their return and commission policy.
WorkMeNow does not sell or rent your information to third parties. We require your name and address in order to send you Cash Back payments from WorkMeNow . Any other information gathered by WorkMeNow will be used only to improve your experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite stores. Such information might include your favorite stores, preferred types of coupons or shopping categories.
WorkMeNow does not install or require you to install any software to access the Cash Back Shopping Program or require you to shop to qualify for Cash Back. If Members choose to shop they can do so by using only the website Shop-MeNow.com. If you use the Shop-MeNow Application you agree to use it only for your personal use and for accessing the Program. WorkMeNow reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of the Shop-MeNow Application for any reason. You may not rent, sell, or sublicense Shop-MeNow Application without WorkMeNow’s prior written consent..
Membership in the Cash Back program is free: there is no charge to be a Member nor are you required to be a monthly paid Executive Member to earn and receive Cash Back. If your WorkMeNow account is inactive for more than twelve (12) consecutive months, WorkMeNow reserves the right to terminate your membership.
Membership in the Program is subject to this Program Agreement. All Affiliate Store’s Operating Agreements as they relate to their affiliate or partner programs with WorkMeNow and which reside on the Affiliate Store's respective Web sites are hereby incorporated into this Agreement by reference.
WorkMeNow and Shop-MeNow will not share revenue generated from affiliates who strictly prohibit revenue sharing or incentive programs. Members can still shop with these affiliates but all the revenue will be kept by WorkMeNow to help WorkMeNow and Shop-MeNow with operating expenses.
Members may not use scripts or disguised redirects to derive financial benefit from WorkMeNow Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.
Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to WorkMeNow or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.