Terms Of Service
Shiifty Terms & Conditions
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Shiifty Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Shiifty (as defined below) governing your access to and use of the Shiifty website, including any subdomains thereof, and any other websites through which Shiifty makes the Shiifty Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Shiifty Services”). The Site, Application and Shiifty Services together are hereinafter collectively referred to as the “Shiifty Platform”.
We do our best to keep Shiifty safe, but we cannot guarantee it. We need your help to keep the Shiifty Platform safe, which includes the following commitments by you
- You will not create fake shift ads
- You will not post unauthorized commercial communications (such as spam) on Shiifty.
- You will not collect users’ content or information, or otherwise access Shiifty, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Shiifty.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application that breaches any law or Shiifty Platform terms of service.
- You will not use Shiifty to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Shiifty, such as a denial of service attack or interference with page rendering or other Shiifty functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- You will not share user data or publish any form of contact details within shift ads or freelancer applications to shift ads
2. Registration and Account Security
Shiifty users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Shiifty, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Shiifty if you are under 13 years of age.
- If you are under 18 years of age you must read through the terms and conditions with a parent or guardian prior to using the Shiifty Platform and its services.
- You will not use Shiifty if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate to do so (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
3. Shiifty Account Services
By registering your account, you agree to our payment service providers Services Agreement and their Connected Account Agreement. The third party payment service provider is an aspect of our Shiifty Account Services.
- You may only use Shiifty Account Services to process a funding transaction for a legitimate, bona fide purchase of a product or service. Except as set forth within these terms, you may not use Shiifty Account Services to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.
- We may require that you provide more information in order to complete a transaction.
- If you receive and accept a transfer you are liable to us for not only the payment but also any fees that may result from a later invalidation of that payment for any reason, including without limitation if you lose a claim or a chargeback, or if the payment is reversed. You agree to allow us to recover any amounts due to us by debiting from your electronic value balance. If your electronic value balance is insufficient to cover this amount, we reserve the right to charge your funding instrument or take any other legal action to collect the funds to the full extent allowed by applicable law.
- Use of Shiifty Account Services is at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender.
- Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
- Use of Shiifty Account Services may subject you to fees including without limitation those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.
- The Shiifty Account Services must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. If illegal or illicit transactions are reported or discovered, we reserve the right to take action including without limitation the following, without notice to you: place a hold on your transactions; place a reserve on your funds; limit your ability to use Shiifty Account Services; report the activity to authorities; or deactivate your account entirely.
- If you are in the EU, you consent to the performance of this contract for your purchase, and waive any Right to Cancel provided by the Consumer Rights Directive (2011/83/EU) or similar implementing regulations.
- No Warranties. You acknowledge that the products or services you may purchase are sold by Freelancer Merchants, not by Shiifty. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SHIIFTY PLATFORM.
- Clients alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Shift Listings. For example, some cities may have laws that restrict a client’s ability to submit every type of ad via the Shiifty Platform. Whether it is the types of industry the shift is for or the type of freelancers that are allowed to work as self employed, these localised requirements are the responsibility of the Client creating the shift ad. Shiifty Clients are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Freelancer Services they use via the Shiifty Platform. Certain types of Freelancer Services may be prohibited altogether and should not be requested by a Client. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and specific Freelancer Service(s) on Shiifty, you should always seek legal guidance.
4. Shift Ad Special Provisions
- Agreement to pay. When you purchase advertising (Shift Ads) or promoted posts on or through Shiifty, you agree to pay all amounts specified in the order, along with any applicable taxes.
- Consent to credit check. Your Shift Ad order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
- Security. You are responsible for maintaining the security of your Client advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
- Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range. If you want to change your preferred payment method from direct debit, you can do so from within your Shiifty Payment Settings of the Shiifty Platform.
- Cancellation. Currently you are only charged at the point in which you feel your ad has been a success, with the correct appointment of a Freelancer deemed suitable by yourself. Therefore you can cancel your Shift Ad at any point up until you agree that it has been successful, at which point you will be charged for the ad placement.
- Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
- Delinquent accounts. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
- Prepaid account. You may have the option to purchase ads with a prepaid account. Amounts prepaid are non-refundable except where required by law. Shiifty Platform is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
5. Payment Methods
- Funding instruments. We want to make Shiifty Account Services convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards and other payment methods.
- Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
- Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your Shiifty Account Services transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
- Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
- You may not sell your Balance or any portion thereof, nor transfer any portion thereof to anyone outside of Shiifty
- Balances are not redeemable for any sum of money or monetary value from us unless required by law.
- If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms:
- By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
- You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing.
- If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator.
- If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider’s customer service division.
- Sometimes, use of mobile billing in a funding transaction may lead to charges that, for various technical reasons beyond our control, cannot be refunded to you. In these cases, we have the right, but not the obligation, to issue you a courtesy credit to your electronic value Balance.
6. Shiifty Clients
A “Shiifty Client” represents an individual or organisation who could become a client of a third party Freelancer merchant.
If you choose to use the Shiifty Platform as a Client, your relationship with Shiifty is limited to being an independent, third-party individual or business seeking private services, and not an employee, agent, joint venturer or partner of Shiifty for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Shiifty.
A Shiifty Client –
- represents an individual or business who requires skills and services in one or multiple areas.
- may submit a shift ad requesting any services, under the proviso that
- they do not breach any human rights or freelancer rights, as defined by the local laws, based on the location where the shift is to be carried out, at the time the shift is to be carried out
- the services being requested fall within local law at the Clients registered home and/or business address, the location the shift was submitted, the location the freelancer was accepted onto a shift by the client, the location the shift is to be carried out by the Freelancer at the start time of the shift.
- can be a Dual User owning a Shiifty Freelancer account at the same time. Dual Users must never attempt to manipulate the Shiifty Platform via their alternative Freelancer account, where the results of the manipulation lead to disruptive user behaviour for any user, including the Shiifty Client in question
- must not attempt to share contact information within the Shiifty Platform and specifically within the shift descriptions area of the shift application
- must not attempt to directly contact a freelancer through the use of our Shiifty Platform, this breach would lead to security and safety issues
7. Shiifty Freelancer
If you choose to use the Shiifty Platform as a Freelancer, your relationship with Shiifty is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Shiifty for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Shiifty.
A Shiifty Freelancer –
- represents an individual or business who is offering their skills and services in one or more areas
- may apply to any “Shiifty Client” ad
- providing they can physically or mentally complete the shift
- providing they have the appropriate skill set to complete the shift
- providing they are available for the full shift period laid out in the shift ad
- providing they can answer positively to all the client requirement questions
- can be a Dual User owning a Shiifty Client account at the same time. Dual Users must never attempt to manipulate the Shiifty Platform via their alternative Client account, where the results of the manipulation lead to disruptive user behaviour for any user, including the Shiifty Freelancer in question
- must not attempt to share direct contact information within the Shiifty Platform, including within the personal application area in response to shift application
- must never knowingly lie on any shift application
8. User Feedback Reviews
Use of the Shiifty Platform User Feedback Reviews is at your sole risk and we assume no responsibility for the underlying Reviews left against a Client or Freelancer.
When leaving a user review within Shiifty
- The review will remain publicly anonymous unless requested by law or the Shiifty Platform deems it necessary to do otherwise
- The user review can be removed at any time, for any reason by the Shiifty Platform and the author of the review has no legal standing to enforce the publishing of a comment on the Shiifty Platform
- The user review may be published on partner public domains and marketing literature
- Must not contain any contact info of any party
- Must be written with due professional courtesy
- Must not solicit login or account information of anyone
- Must not bully, intimidate, or harass
- Must not be hate speech, threatening, pornographic or incite violence
9. Disputes and Reversals
- Customer assistance. At our discretion and at the request of both parties we can elect to provide additional information relating directly to your specific case and your interaction between the disputing parties. We are not arbitrators and not legal representatives of Clients or Freelancers who use our system.
- No liability for spend transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless otherwise required by law.
- Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
- Intervention. We may intervene in disputes concerning payments that may arise between you and a third party through the direct use of our Shiifty Account Services, but we have no obligation to do so.
- Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
- Advice. In most countries when a Freelancer attends a shift with an agreed hourly rate, that you approved them for, it is normally your legal duty to pay them for every hour they attend. This is regardless of whether you were happy with the quality of work the Freelancer provides during that time. We advise that if you are unhappy with a Freelancer at any time, you tell them and define how they can meet your expectations. If you are still unhappy then request that they cease their shift early, stating clearly to them how many hours they have attended. In accordance with your local law you are likely legally obligated to pay them for the time they have attended. The Shiifty Account Services allow for these adjustments in these rare cases.
10. Actions We May Take
- At-will use. We may revoke your eligibility to use the Shiifty Platform at any time at our sole discretion.
- Inquiries. By using Shiifty Account Services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
- Our right to cancel. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
- Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
- Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
- Abandoned Property. If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
- We may update these Terms at any time without notice as we deem necessary to the full extent permitted by law. The Terms in place at the time you confirm a transaction with the Shiifty Platform will govern that transaction.
You may also email us.