Terms & Conditions
Terms and conditions governing access to and use of the Shift Happens platform.
Use of Our Platform
These terms of use are entered into by and between the User and Shift Happens Limited, a company incorporated in Hong Kong ("Shift Happens" or "we" or "us"). The following terms and conditions and any documents they expressly incorporate by reference (together, the “Terms”) govern the User’s access to and use of our website (shifthappens.app) and our associated online application "Shift Happens" (collectively, the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.
The Platform, including the services that are provided through and as a part of it, are offered and available only to users who are (1) businesses that are qualified to do business in Hong Kong ( “Eligible Businesses”), or (2) individuals who warrant that they are eighteen (18) years of age or older, who have the right, authority and capacity to enter into this agreement and to comply with all terms and conditions of its use, and who are authorized to work in Hong Kong (such individuals being referred to herein as “Eligible Workers”). Shift Happens is not responsible for any misrepresentations related to the user’s age and reserves the right to terminate the account of any user whom it believes provided false information on the platform.
Eligible Businesses, after they are registered with us through the Platform, are referred to herein as “Employers”;
Eligible Workers, after they are registered with us through the Platform (which registration requires acceptance by us in our sole discretion and which registration may be revoked at any time by us in our sole discretion for any or no reason), are referred to herein as “Applicants.” Collectively, Employers and Applicants are referred to as “Users” or "you" (or a "User" individually).
By using the Platform, the User represents and warrants that they meet all of the foregoing eligibility requirements to be an Eligible Business or an Eligible Worker. If the User does not meet all of these requirements, the user must not access or use the Platform.
You agree that the use of our Platform constitutes your acceptance of these Terms, which take effect on the date when you first use the Platform.
You agree to use our Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Platform. Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Platform.
Binding agreement
Our Platform is provided to you for your use subject to these Terms. These Terms form a binding agreement between you and Shift Happens. By accessing or using our Platform you agree to accept and be bound by these Terms.
Notwithstanding the foregoing, the terms of time, location, pay rate, duties, attire, and any other term specified by an Employer in a listing of an engagement between an Employer and an Applicant that is processed through the Platform constitute a separate and independent contract (an “Engagement”) between that Employer and that Applicant over which Shift Happens has no control and, once agreed to between them, those terms to that Employment Contract are not affected by changes to the Platform and Shift Happens is not a party to that Engagement.
User Accounts
To access certain features of our Platform, you may be required to create an account. You agree to provide accurate, true, current, and complete information during the registration process and to update such information to keep it accurate, true, current, and complete. You are responsible for safeguarding your password and for any activities or actions (authorised or unauthorised) under your account.
You are entirely responsible if you do not maintain the confidentiality of your login details. Furthermore, you are entirely responsible for any and all activities that occur within or through your account. You may change your password at any time by following the instructions in ‘Settings’. You may also delete services attached to your registration at your convenience.
If you do not maintain the confidentiality of your login details, you will be responsible for all resulting losses or damage incurred by us or you shall be borne by you, and you shall fully indemnify us should we suffer any loss or damage.
If we determine that you have breached these Terms or other terms of including, in particular, the community guidelines of Shift Happens, we may suspend or permanently disable or delete your account. We may also disable or delete your account where we are required to do so for legal reasons.
Entering an Engagement, Performance and Payment
Employers' monthly subscription fee
Shift Happens offers Eligible Businesses the opportunity to hire workers from our Platform for full-time positions. To facilitate this process, Employers are required to pay a monthly subscription fee of HK$1,888 to us.
Entering and performing an Engagement
Any Engagement is solely between an Employer and an Applicant. Shift Happens is not a party to the Engagement and exercises no control over the terms and conditions, including but not limited to time, location, pay rate, duties, and attire, of any specific Engagement. Shift Happens provides a marketplace through its Platform where persons who seek temporary work as independent contractors can communicate with persons or entities seeking to staff positions with independent contractors on a temporary basis. Any decision by an Applicant or an Employer to offer or accept an engagement is a decision made in the sole discretion of the Applicant or an Employer.
The Users acknowledge that their ability to accept engagements through the use of the Platform does not establish Shift Happens as a provider of Engagements or create an employment relationship, partnership, or joint venture between the User and Shift Happens. As noted above, each of the Engagements entered into between an Employer and an Applicant shall constitute a separate agreement between such persons or entities.
Applicant rating policy
Every new Employer and Shifter on the Platform starts out with a 5-star rating. Employers and Shifters will be given the opportunity to rate each other following Engagements. We do not rate or review the Engagements. The Employer or Applicant's rating indicates how reliable they are. The rating will decrease if an Applicant cancels an agreed Engagement or fails to show up for a confirmed Engagement, or fails to confirm the Engagement by the confirmation deadline or if the Employer fails to meet its behavioural or financial obligations.
All Applicants and employers are responsible for any applicable tax obligations. Shift Happens is not responsible for these.
No employment relationship between Shift Happens and the Applicant and / or the Employer
Nothing in these Terms nor any acts of any Employer, any Applicant, or Shift Happens will be deemed or construed by any of them to create the relationship of principal and agent, employer and employee, or a partnership or joint venture, between Shift Happens and any of the Applicants or Employers. Applicants have no authority to hold themselves out as an employee, agent or representative of Shift Happens. Neither Shift Happens nor the Employer directs or controls any choice of any Applicant to apply to perform work as a temporary worker for any Employer, and no joint employment relationship, partnership or other relationship is created through any Employer's or Applicant's use of the Platform or by any Employer and Applicant entering into any Engagement.
Applicants are solely responsible for their own Engagements. Any Engagement entered into by an Applicant will not be supervised, evaluated, or controlled by Shift Happens; constitutes work that is outside the usual course of our business; and requires the special expertise and skill of the Applicant within the Applicant's trade, occupation, and/or business. Applicants are solely responsible for the Applicant's own expenses and shall supply their own tools and equipment as necessary. Shift Happens will not reimburse Applicants for clothing, any expenses or costs incurred by an Applicant to complete an Engagement.
Applicants are not limited to performing services through the Platform. Applicants are free to contract for work with third parties and/or utilize other platforms. Applicants use the Platform at their sole discretion and may discontinue use of the Platform at any time.
Applicants represent that he or she possesses all required licenses, certifications, approvals and authority necessary to perform work for any Employer with whom he or she enters an Engagement. Applicants are solely responsible for complying with all applicable laws in completing Engagements.
Job Listings
Employers may post job listings on our Platform. We do not warrant or guarantee the accuracy, completeness, or usefulness of any job listing, nor do we endorse any employer. You acknowledge that any reliance on job listings posted on our Platform will be at your own risk.
Applicants may submit job applications on our Platform. We do not warrant or guarantee the accuracy, completeness, or usefulness of any job application, nor do we endorse any Applicant. You acknowledge that any reliance on job applications submitted on our Platform will be at your own risk.
User Content
Users may be able to submit content to our Platform, such as resumes, cover letters, and other materials. Users retain ownership of any intellectual property rights that they hold in that content. By submitting content to our Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, and display that content.
Intellectual Property
All content included on the App, such as text, graphics, logos, images, and software, is the property of Shift Happens or its content suppliers and is protected by international copyright and/or other intellectual property laws. The compilation of all content on this App is the exclusive property of Shift Happens. In accessing the Platform, you agree that the content may only be downloaded for your own personal non-commercial use.
You are not permitted to copy, reproduce, transmit, disseminate, sell, distribute, publish, broadcast, circulate, store (in any medium), adapt or change in any way content under the App for any other purpose whatsoever without our prior written consent.
Limitation of Liability
To the fullest extent permitted by applicable law, Shift Happens will not be liable for any claims, liabilities, damages, losses, expenses, loss of profits or revenues, loss of data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, or whether incidental, special, consequential, or punitive, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal data stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (vi) the conduct or omission (whether or not defamatory, offensive, or illegal) of any third party.
Indemnification
You agree to indemnify, defend, and hold harmless Shift Happens, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
Governing Law and Arbitration
These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
We hope to avoid disagreements with you. Any dispute, difference or claim relating to these Terms or the Users' use of the Platform, including the existence, validity, interpretation, breach or any other dispute regarding non-contractual obligations arising from or relating to these Terms or the Users' use of the Platform, or arising from or related to any Engagement between the Applicant and the Employer, that cannot be so settled, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong and proceedings shall be in English.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the App after changes are posted constitutes acceptance of these Terms as modified or replaced.
Termination
If any information that you provided is inaccurate, in breach of laws or contains indecent elements, we will instantly abrogate your account without notice and we reserve the right to take such action as we consider appropriate, desirable or necessary including but not limited to taking legal action against you.
We reserve the right at all times to immediately terminate or suspend your account or your access to the Platform or our services without notice where we are of the opinion that you have breached any of these Terms or to take further action as we consider appropriate, desirable or necessary.
We reserve the final right and absolute discretion to decide whether you have breached any of these Terms.
Severance
If any one or more of these Terms, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining Terms shall not in any way be impaired.
Waiver
No failure or delay on our part to exercise any right or remedy under these Terms is to be construed or operate as a waiver, nor does any single or partial exercise of any right or remedy by us preclude the further exercise of that right or remedy by us.
Assignment
We may assign at any time any or all of the rights and obligations contained in these Terms to any party.
Contact Us
If you have any questions about these Terms, please contact us at privacyofficer@shifthappens.app.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between the User and Shift Happens, regarding the Platform and the services offered through or in connection with the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.