TERMS OF SERVICE (THE “AGREEMENT”)
Access and use of Onbrd.me constitutes your agreement to be bound by this Agreement (the “Agreement”). By clicking “sign up” “log in” “join Onbrd.me”, registering or using Onbrd.me’s Services, Users agree to be bound by this legally enforceable Agreement.
Onbrd.me is intended for use by individuals seeking employment within the hospitality industry (“Job Seekers”) and individuals or businesses seeking to hire those individuals (“Job Providers”). Onbrd.me is a corporation that provides Services on its online website, www.onbrd.me, and its mobile application (collectively “Onbrd.me Platforms or “PP”), as well as any future platforms, that enables Users to seek, request, and schedule hospitality professionals (servers, bartenders, etc.) for hospitality events (the “Shifts”). By accessing and using Onbrd.me, Job Seekers represent and warrant that they hold all necessary credentials to work within the industry and in their respective roles for which they are registered. Neither Job Seekers nor Job Providers may misrepresent their affiliations or qualifications, and shall face immediate termination of their accounts if found to be doing so. However, in all situations, Users shall be solely responsible for assessing and verifying the qualifications and suitability of either their respective Job Seekers or Job Providers. All Users must abide by all rules of professional conduct in their respective jurisdictions. Onbrd.me shall at no time be liable to any Users or any Users’ clients for any liability with respect to a User’s use of the Onbrd.me Platforms.
Onbrd.me’s Platforms broadcasts the geographical location of Job Seekers to Job Providers over the Onbrd.me network. Onbrd.me assumes no responsibility or liability with respect to the use of this information. If you do not want your location to be broadcast over the Onbrd.me network, you should not use Onbrd.me’s Services.
Relationship between Job Seekers and Job Providers
Unless otherwise agreed between the Users in writing, the relationship between the Job Seeker and Job Provider is one of an independent contractor. Therefore, it is assumed to be is the responsibility of the Job Seekers to remit all applicable taxes, regulatory requirements, including but not limited to, income taxes, with the sole exception of WSIB, which will always remain with Job Providers.
Grant of License to Use
Onbrd.me grants all Users a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access the Application on personal devices. All information provided to Onbrd.me shall remain the property of Onbrd.me. Neither these terms nor use of Onbrd.me’s Services convey or grant any rights from Onbrd.me.
Users who do not hold all necessary licenses, permits, smart serve number, or similar authorizations necessary or required in their jurisdiction to provide hospitality services to the public as contemplated in this Agreement, are expressly prohibited from accessing or using the Application.
The use or reference in any manner to the Onbrd.me name, logos, products and Onbrd.me’s Services are limited to the license granted. Onbrd.me reserves the right to revoke this license in the event a user breaches any part of this agreement.
Relationship with Onbrd.me
Use of Onbrd.me by Users does not create an employment relationship between Users and Onbrd.me. The legal nature of Onbrd.me’s relationship with all Users is limited to the terms of this license agreement, which is re-established on a per use basis.
Onbrd.me Service Fees
Onbrd.me Services include:
Payment for Jobs Provided Between Job Seekers and Job Providers
Included in the Onbrd.me Service Fee is the automatic electronic payment of all Job Seekers scheduled through PP, including trial shifts. Therefore, immediately following each Onbrd.me scheduled Shift, Job Providers’ accounts will be debited for both the Onbrd.me Service Fees and the amount owing to the Job Seeker for the completed Shift. Onbrd.me will arrange for the payments to be deposited into the Job Seekers’ accounts and a receipt will be sent to the Job Provider by email. As required by law, each scheduled shift must be for a minimum of four hours, including all trial shifts. If a Job Seeker candidate chooses to stay longer than four hours on a trial shift, they will do so at their own discretion and time. Trial shifts are always billed at four hours regardless of the actual time logged by the candidate.
Payments made by Stripe (or similar transaction processing party) to Job Seekers are final and non-refundable, once made. If the Job Provider’s primary account is determined to be invalid, expired, or otherwise unable to process payment, Onbrd.me may request a secondary payment option or request payment through a collection agent. Onbrd.me reserves the right to establish, remove, or revise Payments for any or all aspects of the Jobs provided through the Onbrd.me Application before forwarded to Stripe.
Obligations - Job Providers are required to:
Obligations - Job Seekers are required to:
Jobs must be a minimum of four (4) hours. Should a Job Seeker work less than four hours, regardless of the reason it is the responsibility of the Job Provider to pay out a minimum four (4) hour Job.
Cancellation Notice Periods
Job Providers shall provide a minimum of 24 hours’ notice directly to Onbrd.me and the affected Job Seekers to cancel a scheduled Job, failing which a four (4) hour minimum payment will be made to the Job Seeker, with associated Onbrd.me and processing fees. Onbrd.me reserves the right to monitor the frequency of Job cancellations and should there be a pattern or abuse of the system, Onbrd.me has the right to suspend or terminate Job Providers’ access to the Onbrd.me Platform.
Job Seekers shall provide a minimum of 24 hours’ notice to inform both Onbrd.me and Job Providers of their inability to meet their contractual obligations. Onbrd.me reserves the right to monitor frequency of Job no shows or late cancellations and if found necessary shall suspend or terminate Job Seekers access to the Onbrd.me Platform.
Title to Information
Users consent to the use of any information provided to Onbrd.me for research, analysis, and strategy purposes. All financial information is maintained by a third party payment platform and Users agree to their terms. However, other Users may access and share User content and information posted on User’s accounts. By submitting suggestions or other feedback regarding other Users or Onbrd.me itself, Users agree that Onbrd.me can use and share such feedback (but does not have to) for any purpose without compensation to Users.
Copyright and Trademark
Onbrd.me, owns all title, rights and ownership in the intellectual property rights of all coding and programming in the underlying HTML, Java scripts, text, audio clips, video clips, associated logo, photos and other material and services available through the Onbrd.me Application and website. In the event that there is content available on the website belonging to a third party, Onbrd.me has obtained the permission and/or license of the lawful owner (or licensor-agent, as the case may be) of the intellectual property to use and display the content on the Onbrd.me website.
The names of any companies, products, and services mentioned on Onbrd.me’s Application or website are the trademarks of their respective owners and are displayed on Onbrd.me’s Application or website with the owner(s) consent. The display of trademarks or trade names on Onbrd.me Application or website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
Misuse of Data
Users must not imply or state that they are affiliated or endorsed by Onbrd.me without the consent of Onbrd.me. Users must not attempt to override the security features of Onbrd.me. Users must not violate intellectual property rights or other rights of Onbrd.me including without limitation use of the word Onbrd.me or any Onbrd.me logos in any names, emails or URLs.
The decision to terminate access shall be in the unfettered discretion of Onbrd.me. Breach of any of the provisions of this section may result in the immediate termination of the User’s account.
To the fullest extent allowed under applicable law, Onbrd.me and BluePrint disclaim all representations and warranties, express, implied or statutory, or not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement. Onbrd.me makes no representation, warranty, and guarantee regarding the reliability, timeliness, quality, suitability or availability of the PPPP. Onbrd.me does not guarantee that Onbrd.me’s Services will function without interruption or errors. Onbrd.me provides access to the PP (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, accordingly some or all of these disclaimers may not apply to all Users but in any event the disclaimers shall apply to the fullest extent possible, taking into consideration the applicable laws.
Exclusion of Incidental, Consequential and Certain Other Damages, Indemnity
Users agree that the risk arising out of the use of these Onbrd.me’s Services remains solely with Users to the maximum extent permitted by applicable law. Onbrd.me shall not be liable to any Job Seekers or Job Providers for indirect, incidental, special, exemplary, punitive or consequential damages including lost profits, lost data, personal injury or property damage. Users agree to fully indemnify and hold Onbrd.me harmless from any and all claims arising out of use of Onbrd.me’s Services, including all fees for complaints and all costs associated with this indemnity.
Onbrd.me qualifies Users and verifies their licenses, but does not do so on an ongoing basis.
Onbrd.me does not guarantee that Users will attend their scheduled appointments, nor does it guarantee payment for Jobs rendered.
Limitation of Liability and Remedies
Onbrd.me has no responsibility or liability to any of its Users in relation to the Jobs provided through the Application. Onbrd.me does not guarantee compliance with scheduled bookings in the Application. Onbrd.me will not participate in disputes between Users on the Application. By using Onbrd.me, Users acknowledge that they may be exposed to situations involving Users who are unreliable, offensive, or otherwise objectionable. Use of third party providers is at Users’ own risk and judgement. Onbrd.me shall have no liability arising from or in any way relating to the transactions made through the Application.
In no event shall the liability of Onbrd.me exceed, in the aggregate for all claims, an amount that exceeds Fees paid to Onbrd.me in the past thirty (30) days.
Onbrd.me does not guarantee the confidentiality of any information except financial information made through its PP.
Users may not assign or transfer this Agreement (or membership or use of Onbrd.me’s Services) to anyone. There is no partnership established by using Onbrd.me’s Services and no employee relationship. However, Users agree that Onbrd.me may assign this Agreement without consent or notification to Users.
Entire Agreement and Severability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in any other jurisdictions of that or any other provision of this Agreement shall not be affected.
The waiver by either Party of a breach of any provision contained in this Agreement shall be in writing and in no way shall be construed as a waiver of any subsequent breach of any such provision or the waiver of the provision itself. If Onbrd.me does not act to enforce a breach of this Agreement, that does not mean that Onbrd.me has waived its right to enforce this Agreement.
This Agreement shall be construed and controlled by the laws of the Province of Ontario without regard to the choice or conflicts of law provisions of any jurisdiction, and the Parties consent to jurisdiction and venue in the courts sitting in and for the Province of Ontario. Users and Parties agree that any dispute will take place in Ontario Courts and agree to jurisdiction in Ontario.
User Privacy and Security
All Users affirmatively acknowledge that Onbrd.me is an experience based Application and by using the Application all Users consent to broadcasting certain amount of personal data to other Users. The experience-based nature of the App is central to its utility. Failing to consent to this means Users cannot use the Application. Use of the Application means Users will not make any privacy-based claims against Onbrd.me or Blueprint for using Onbrd.me.
In an event that two Users have any dispute related to Jobs contemplated by the Application, Onbrd.me reserves the right to independently resolve the case between two Users. Onbrd.me has the right to close any Users’ account with or without cause or notice.
Onbrd.me reserves the right to amend or terminate these terms or cease offering access at any time for any reason. Continued access or use of Onbrd.me’s Services constitutes consent to be bound by these terms. The terms of this Agreement expressly supersedes prior any agreements or arrangements.
Neither Party hereto shall be liable for any failure to perform its obligations under this Agreement (other than the obligations regarding payment of Fees and confidentiality) if such failure is caused by acts of God, earthquake, war, attack, strikes, or other causes that are beyond the reasonable control of such party. Any obligations hereunder, however, shall in no event be excused but shall be suspended only until the cessation of any cause of such failure. The Party facing an event of force majeure shall use reasonable efforts to minimize its effects and shall promptly notify the applicable Party of any such case of force majeure.
Unless otherwise noted, all reference to Payments, Fees or other dollar amounts contemplated in this Agreement shall be paid and calculated in the currency where the Users are located. US Users shall pay in USD. Canadian Users shall pay in CAD.
Any reference to calculating time periods in this Agreement shall mean business days, which includes every day as well as statutory holidays in the Province of Ontario (“Business Day”).