Terms & Conditions for Shift Happens

These terms of use are entered into by and between you and Shift Happens Limited, a company incorporated in Hong Kong. The following terms and conditions govern your access to and use of our website (shifthappens.app) and our associated online application "Shift Happens" (collectively, the "Platform").

The English version shall prevail in case of any discrepancy or inconsistency between the English version and its Chinese translation.

Use of Our Platform

The Platform is offered and available only to users who are (1) businesses qualified to operate in Hong Kong, or (2) individuals who warrant they are eighteen years of age or older and are authorised to work in Hong Kong. By using the Platform, you represent and warrant that you meet these eligibility requirements.

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 further 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.

Binding Agreement

These Terms form a binding agreement between you and Shift Happens. The terms of time, location, pay rate, duties, attire, and any other specifications in an engagement between a venue and a worker constitute a separate and independent contract between those parties. Shift Happens is not a party to that engagement and has no control over its terms.

User Accounts

To access certain features of our Platform, you must create an account. You agree to provide accurate, true, current, and complete information during registration 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 that occur under your account. If you do not maintain the confidentiality of your login details, you will be responsible for all resulting losses or damage incurred by us, and you shall fully indemnify us should we suffer any loss or damage.

Relationship Between Parties

Nothing in these Terms creates an employment relationship, partnership, or joint venture between Shift Happens and any worker or venue. Workers are not employees, agents, or representatives of Shift Happens.

Each engagement entered into by a worker represents a separate agreement between that worker and venue. Shift Happens does not supervise, evaluate, or control these engagements, which constitute work outside the usual course of our business.

Intellectual Property

All content included on the Platform, 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 other intellectual property laws. 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, adapt, or change in any way content from the Platform 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 resulting from your use or inability to use the Platform, unauthorised access to our servers, interruption of transmission, bugs or viruses, errors or omissions in content, or the conduct or omission 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 arising out of or connected with your access to or use of the Platform 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. Any dispute relating to these Terms or your use of the Platform that cannot be settled shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong and proceedings shall be in English.

Changes to These Terms

We reserve the right to modify or replace these Terms at our sole discretion. 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 Platform after changes are posted constitutes acceptance of these modified Terms.

Termination

If any information you provide is inaccurate, in breach of laws, or contains inappropriate content, we will terminate your account without notice and reserve the right to take further action as we consider appropriate.

We reserve the right at all times to immediately terminate or suspend your account or your access to the Platform without notice where we determine you have breached any of these Terms.

Legal Provisions

Severance:
If any of these Terms is held invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of that term in any other respect and the remaining Terms shall not be impaired.

Waiver:
No failure or delay on our part to exercise any right or remedy under these Terms shall be construed 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.

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 questions about these Terms, please contact us at privacyofficer@shifthappens.app

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Shift Happens regarding the Platform and supersede all prior understandings, agreements, representations, and warranties regarding the Platform.