Workerlly Terms of Use
Welcome to Workerlly!
This Agreement governs your use of the Workerlly platform, including the Workerlly mobile applications, electronic systems, websites, products, content, facilities, and platform (collectively, the “Platform”).
These Workerlly Terms of Use are an integral part of the General Terms of Use. The General Terms of Use and the Workerlly Terms of Use shall be read collectively and shall hereinafter be referred to collectively as the Agreement. Please ensure that You read and understand all the terms under the Agreement before You use the Platform, as You and the Services You avail and/or provide are subject to the terms of the Agreement.
If You do not wish to accept any of the terms under this Agreement, then please do not use the Platform or avail any of the Services being provided therein. By using the Workerlly service, You express Your consent to the terms of the Agreement and agree to be subject to the same. In case of any conflict or inconsistency pertaining to the Workerlly services, between the provisions of these Workerlly Terms of Use and the General Terms of Use, the specific provisions of the Workerlly Terms of Use will apply.
You form a contract with us when You confirm that You accept the terms of this Agreement or when You otherwise use the Platform. The company that you are contracting with depends on where You are resident. In India, Your contract is with Daira Technologies Private Limited (“Workerlly”, “we”, “us” or “our”). This Agreement is a contract between Daira Technologies Private Limited, having its registered office at SCO 47, 2nd floor, Sector 11 Panchkula, Haryana – 134109, and You (this term shall include all variations including “Your” and “Yours” or “Users”) and governs Your use of the Platform.
If You use the Platform in a country other than the country where you registered for the Platform, You must regularly review the terms of use applicable in such country as it may differ from the country where You registered for the Platform. By using the Platform in any other country than the country of Your residence/registration, You agree to be bound by prevailing terms of use of such country.
By accessing or using the Platform You acknowledge that You accept all the terms and conditions contained in this Agreement. You should read all these terms carefully. You agree that this Agreement shall form a binding legal contract between You and Workerlly and shall include the additional terms and conditions and policies as may be referred to herein. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Agreement expressly supersedes prior agreements or arrangements with You. We may immediately terminate this Agreement with respect to You, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
In addition to this, supplemental terms may apply to a particular category of the Workerlly platform or any other service offered. Our privacy practices are as described in our Privacy Policy.
1.1 Our Platform constitutes a technology platform that links independent third-party providers of job services (“Providers”) and the customers who avail the services of the Providers (“Customers”) with each other to arrange and schedule job services. Workerlly shall not be liable for the services provided by the Providers. When Customers request the services of a Provider via the Platform, they offer their price for the Provider’s services. The Providers who see the request can either agree to the offered price, skip the request, or make a counteroffer. The Provider has sole and complete discretion to accept or reject any request. The Customer shall exercise his/her sole discretion to accept or reject the Services offered by any Provider. For the purpose of this Agreement, the Provider and Customer shall be collectively referred to as User.
1.2 PROVIDERS SHALL NOT REPRESENT THEMSELVES TO BE AN AGENT, EMPLOYEE, REPRESENTATIVE, OR STAFF OF WORKERLLY AND THE SERVICES PROVIDED BY PROVIDERS SHALL NOT BE DEEMED TO BE SERVICES PROVIDED BY WORKERLLY.
1.3 The Customer is free to choose the Provider from the list of Providers who indicated their interest in accepting the request initiated by the Customer. A separate agreement is formed between the Provider and the Customer when the Provider confirms the job. All job services on our Platform are provided by the Providers, i.e., independent third-party contractors who are not employed by Workerlly or its representative. You agree that Workerlly has no responsibility or liability to You related to any job services provided/availed by You other than as expressly set forth in this Agreement.
1.4 The Customer must pay the Provider the price that both of them agreed on via the Platform. This agreed price includes all charges associated with the job (fees, tolls, levies, taxes, etc.). Workerlly does not participate in and does not in any way affect the transaction and/or settlement between the Provider and Customer. Our function is limited to that of an aggregator that facilitates communication between the Provider and the Customer.
1.5 Workerlly is a technology company that provides platform-based services and does not provide job services but provides a technology platform that enables Users of the Platform to arrange and schedule job services using the Platform. Each Provider, i.e., independent third-party contractor, provides the job services (“Service” and/or “Services”) and Workerlly is not liable for any such Service.
1.6 The Services are provided by independent Providers that we do not control and who are not employees of Workerlly. Any decision to offer or accept the job services is an independent decision made in each User’s sole discretion at User’s own risk. Workerlly does not direct or control Providers generally or in their provision of the Services. Any feature, process, or other effort that we undertake to enhance Your enjoyment of our Platform, is not an indication of any employment or agency relationship with any User of the Platform.
1.7 This Agreement does not supersede or otherwise impact the enforceability of any agreements Customers may have with Providers regarding the Services.
1.8 Workerlly will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware, and viruses or that the Platform is correct, up to date, and accurate.
1.9 Unless otherwise agreed with Workerlly in a separate written agreement with You, the Services are made available solely for a Customer’s personal, non-commercial use.
1.10 The Customer agrees and accepts that the use of the Services provided by the Providers is at the sole risk of the Customer and further acknowledges that Workerlly disclaims all representations and warranties of any kind, whether express or implied.
1.11 In case of lost items during the job service, Workerlly will try to locate the items on a “best-effort” basis but we are not responsible for the same in case of loss, damage, and/or theft or misappropriation of the same. Additionally, User(s) will be liable to indemnify and hold harmless Workerlly against any loss, damage, or expenses incurred by Workerlly due to the custody of the items with Workerlly and/or the Provider due to the negligence and/or misconduct of the Customer.
1.12 Workerlly shall not be liable for the conduct of the Providers. However, we encourage You to notify us of any complaints that You may have against any User that You may have interacted with via the Platform.
1.13 You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages, or expenses, including legal costs, we incur either to You or to anyone else arising out of You being in breach of any of these warranties, representations, and guarantees under the Agreement, even if the Provider inadvertently accepts a job that contravenes any of Your obligations.
1.14 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Platform.
2.1 You as the Customer are responsible for providing accurate and complete information about the job, including the correct details of the job requirements, contact information, and any special instructions necessary for the successful completion of the job under this Agreement.
2.2 You undertake to ensure unhindered access for the Provider to the job location, as well as to ensure their presence or the presence of a third party capable of accepting and overseeing the job at the specified location.
2.3 You are responsible for ensuring that the job details and requirements are properly and accurately described. Any damages or delays resulting from inadequate information or incorrect job details provided by You will be the sole responsibility of You as the Customer.
By continuing to use the Workerlly platform, you acknowledge that you have read and understood these terms and agree to be bound by them.
