Work Pilots Oy Terms of Use

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General terms and conditions

These terms and conditions of use (the “Terms of Use”) govern the use of gig economy service provided by Work Pilots Oy (“Work Pilots”) (the “Service”). The use of the Service is also governed by Work Pilots privacy policy. By using the Service, the User (as defined below) expressly acknowledges and agrees to have read and understood and to be bound by these Terms of Use and Work Pilots privacy statement.

Work Pilots reserves the right, at its sole discretion, to change or amend these Terms of Use. Any changes to or amendments of these Terms of Use shall be immediately applicable and effective and govern the use of the Service automatically. The current and effective version of these Terms of Use is available in the Service.

In the event the User is a legal person (such as a company), the person representing the User represents and warrants by using the Service or registering for the Service to be authorized to represent the legal person and to have the legal capacity to bind the legal person to these Terms of Use.

 

Definitions

In these Terms of Use:

  • “Orderer” shall mean any and all natural or legal persons seeking to obtain or obtaining a Task (as defined below) via the Service;
  • “Task” shall mean tasks or services requested by the Orderers, which are to be completed by the Workers; and
  • “Worker” shall mean any and all natural or legal persons seeking to perform or performing a Task.

The Orderer and the Worker shall be hereinafter referred to together as the “Users” or “Parties” and separately as a “User”.

 

Structure of the Terms of Use

These Terms of Use consist of the following three parts:

  • Part I (I. General terms and conditions) is related to the contractual relationship between each User and Work Pilots
  • Part II (II. Terms and conditions related specifically to the Orderer) is related to the contractual relationship between the Orderer and Work Pilots
  • Part III (III. Terms and conditions related specifically to the Worker) is related to the contractual relationship between the Worker and Work Pilots

 

Legal nature of the cooperation

The use of the Service constitutes a legally binding agreement between Work Pilots and the User. The use of the Service shall not constitute an employment agreement between the Orderer and the Worker.

 

Right to use the Service

Subject to these Terms of Use, the User receives a limited right to use the Service for the purposes of obtaining Tasks or performing Tasks. The User acknowledges that such right to use does not include any rights, including but not limited to Intellectual Property Rights (as defined below), to the Service software (source code).

All user credentials provided by Work Pilots to the User that allow the User to use the Service or are related to the use of the Service, such as a username and a password shall remain exclusively with and be the sole and exclusive property of Work Pilots and the User shall not have any rights to such user credentials upon the termination, cancellation or expiry of the User’s right to use the Service. The right to use the Service is personal. The User may not transfer or assign the User’s right to use the Service to any third party or disclose the user credentials to any third party without prior written approval of Work Pilots.

 

Registration and use of the Service

In order to register as an Orderer, one has to be at least 18 years old.  By registering for the Service, the Orderer represents and warrants to be at least 18 years old.

In order to register as a Worker, one has to be at least 15 years old. However, a person who is 14 years old may register for the Service and use the Service as a Worker subject to the consent of such person’s guardian in accordance with the laws and regulations governing young workers. By registering for the Service, the Worker represents and warrants to be i) at least 15 years old or ii) 14 years old who has obtained the consent of his or her guardian in accordance with the laws and regulations governing young workers. By registering to the Service and using the Service, the Worker represents and warrants to have all governmental permits required for the performance of the Tasks including but not limited to residence permit for an employed person (work permit).

In order to register for the Service, the User must create a password-protected and, when using mobile services, a PIN-code protected username, which allows the User to sign in to the Service. The User’s registration for the Service requires creating a Work Pilots account with a valid email address and personal details of the User and, in the event the User is a legal person (such as a company), the registration requires the official details of the legal person.

Registration for the Service is free. The use of the Service requires that the Orderer submits valid debit or credit card information to the Service or that the Orderer has entered into a separate agreement regarding invoicing with Work Pilots. The Orderer pays for the Tasks in accordance with the pricing terms available in the Service.  The Parties may agree on additional services and pricing terms applicable to such services separately. The Service is generally accessible 24 hours a day.

The User shall be responsible for all direct and indirect costs resulting from the use of the Service, including but not limited to costs resulting from obtaining, installing, and maintaining any devices, equipment, software or connections as well as any modifications needed to devices, equipment or software and obtaining any additional insurance coverage needed.

Work Pilots has obtained a liability insurance for the Service, which covers a property damage or bodily injury up to a maximum amount of EUR 1,000,000, subject to the applicable terms and conditions of the insurance. The extension of the liability insurance covers sudden and unexpected damages caused to property in the possession or under the care of the insured or being handled by him or her up to a maximum amount of EUR 10,000 per accident, subject to the applicable terms and conditions of the insurance.

In the event a Worker suffers a bodily injury in connection with the performance of a Task, the Worker may be entitled to a compensation from a group personal accident insurance subject to the terms and conditions of the group personal accident insurance up to the following amounts: medical treatment expenses maximum of EUR 8,500, a permanent functional disability maximum of EUR 50,000 and a death cover EUR 50,000.

In case of any damage, accident or bodily injury, please contact info@workpilots.fi.

 

General responsibilities of the User and Work Pilots’ right to intervene in the use of the Service

The User represents and warrants that all information provided by the User in connection with the registration with the Service is true and accurate and undertakes to make all necessary updates in case of any changes in such information. The User is responsible for the contents of his or her user profile, the appropriate and due use of the Service and the profile, and all activities that occur under his or her user credentials. In the event the User’s user credentials are lost or unlawfully disclosed or transferred to any third party, the User shall immediately inform Work Pilots customer service at info@workpilots.fi. In such event, Work Pilots shall be entitled to terminate or limit the User’s access to the Service.

The User may not use the Service in a way that infringes or violates the rights of Work Pilots or any third party. For the purposes of these Terms of Use, User’s Information shall mean any information and materials the User provides to Work Pilots or other Users in connection with the User’s registration for or use of the Service (including but not limited to documentation or messages that the User publishes in, uploads, submits or links to the Service or sends via the Service). The User shall be responsible for all User’s Information and represents and warrants that the User’s Information i) will not violate the rights of a third party (including but not limited to proprietary rights and Intellectual Property Rights (as defined below)), ii) will not be offensive, unethical or inappropriate, iii) will not violate any law or regulation, iv) will not be harmful or cause damage to Work Pilots, other Users or any other third parties, or v) will not cause harm or disturbance or any unreasonable inconvenience to the Service. The User shall be liable for all direct and indirect damages caused to Work Pilots, other Users or any other third parties resulting from any breach of a representation or warranty of this section. The User is responsible for obtaining and maintaining all necessary rights (including but not limited to Intellectual Property Rights) to the User’s Information or consents of the holders of such rights.

The User shall be liable for all claims that a third party presents to Work Pilots that result from the use of the Service by the User. The User shall indemnify and hold harmless Work Pilots and any third party from and against any damages or losses resulting from the User’s use of the Service, which breaches the law, any guidelines or regulations issued or given by any governmental authorities or these Terms of Use.

Work Pilots shall be entitled to, at its sole discretion and without any prior notice, to limit or prevent the User’s access to the Service and remove any documentation or information from the Service that, in the opinion of Work Pilots, violates the law, is unethical or may harm or cause any damage to Work Pilots, the Service, other User or any other third party.

 

The role of Work Pilots in the performance of Tasks

The Service connects Workers and Orderers for the performance of the Tasks. The use of Service or performance of the Tasks shall not constitute an employment relationship between Work Pilots and a Worker, and Work Pilots does not contribute to or participate in the performance of the Tasks. Work Pilots does not supervise or instruct the Workers in the performance of the Tasks. Work Pilots shall not be responsible for the performance, scope or schedule of a Task or any other matters that are related to the performance of a Task. Work Pilots shall not be responsible for the use of documentation or information related to the Task, the transfer of the results of a Task from the Worker to the Orderer nor for conditions under which the results of the Task may be utilized.

Work Pilots shall not be responsible for any actions or neglects of the Users. Work Pilots shall not be liable for any accidents, property damages or other damages, incurred by a User during the performance of the Task or resulting from the performance of the Task. Work Pilots shall not be liable for any direct or indirect damages resulting from the relationship between the Parties and not resulting from the functionality or maintenance of the Service.

Without limitation of the above and for the avoidance of doubt, Work Pilots shall not be responsible for any matters, which the Parties have agreed on orally or without using the Service, such as warranties or extra work. The Parties shall use the Service for agreeing on any extra work or additional Tasks.

 

Limitations of liability

The User acknowledges to receive the Service and to use the Service at the User’s own risk. The User shall not use the Service for any illegal, unlawful, unethical or inappropriate purpose. Work Pilots does not monitor or control User’s Information on a regular basis. Work Pilots shall not be responsible for any User’s Information or the information that any third party has uploaded to the Service, or the accuracy or authenticity thereof and shall not be liable for any damage caused by such information.

Work Pilots makes no warranties of any kind, neither expressed nor implied, including but not limited to warranties of functionality, merchantability or characteristics of the Service. Without limiting the foregoing, Work Pilots does not warrant that the Service will be uninterrupted or error-free. The Service and any content available in the Service are provided on “as is” and “as available” basis and the User uses services provided by Work Pilots and services provided in and obtained via the Service at the User’s own risk. Work Pilots does not warrant the correctness or accuracy of the map and route planning services in the Service nor does Work Pilots accept any liability of the direct or indirect damages or costs resulting from any inaccuracy, errors or deficiency in the map and route planning services. Work Pilots does not make any warranties of or accept any liability for cyber security risks or the correctness of the content of the Service or fitness for a particular purpose.

Work Pilots shall not be liable for any damage incurred by the User or any third party resulting from interruptions, delays, errors or other deficiencies in the Service or its content or restrictions or prevention of the use of the Service. Work Pilots shall not be liable for any damage, defects or interruptions to the User’s devices, equipment or software resulting from or related to the use of the Service.

Work Pilots shall have no liability or responsibility for failure to fulfill any obligation under these Terms of Use or related to the Service to the extent to which the fulfillment of such obligation is prevented or hindered by Force Majeure. For the purposes of these Terms of Use, Force Majeure shall include e.g. fire, flood, explosion, strike or other shortage of labor, orders issued by any government, interruption or failure of electricity or communication systems and any other similar cause.

 

Changes to these Terms of Use and the Service

Work Pilots reserves the right, at its sole discretion, to change, modify or amend any of the terms and conditions of these Terms of Use or the Service, including but not limited to the invoicing and pricing principles, the service fee and the worker compensation. In the event such changes are material, Work Pilots will endeavor to notify the User via the Service or by other means considered suitable by Work Pilots. All changes shall be applicable and effective as of their implementation or as of a date specifically informed by Work Pilots. The User’s continued use of the Service constitutes the User’s complete and irrevocable acceptance of any and all such changes.

Work Pilots reserves the right to discontinue the provision of the Service partially or in full and to modify, delete or remove all or any part of the Service (including but not limited to the content, structure, layout and software of the Service). Work Pilots accepts no liability for modification or discontinuance of the provision of all or any part of the Service. In the event of discontinuance of provision of the Service, Work Pilots informs the User via the Service or by other means considered suitable by Work Pilots. Work Pilots accepts no responsibility or liability for any costs related to or resulting from any changes or modifications to the equipment, devices or software of the User or other actions required from the User to continue to use the Service.

In the event any changes in the value added tax or other tax or charge collected by government authorities related to the Service or interpretations of government authorities thereof, Work Pilots shall be entitled to immediately change the prices and fees indicated in the Service by informing the Users in the Service or by other means considered suitable by Work Pilots.

 

Links to other websites

The Service may include links to and plug-ins from websites, applications and services of third parties. The use of such websites, applications and services is governed by the terms and conditions of use of such websites or services and Work Pilots shall not be responsible for the content of such websites or services.

The User shall be entitled to add a link to the Service to the User’s website, provided that such linking does not violate any law nor harm the reputation of Work Pilots. Other linking of Work Pilots website for commercial purposes or to create a database shall be prohibited without prior written approval of Work Pilots. Work Pilots reserves the right to remove links created by the User without notifying the User if such links, in the opinion of Work Pilots, violate these Terms of Use.

 

Intellectual property rights

For the purposes of these Terms of Use, Intellectual Property Rights shall mean copyrights and related rights (including database and catalogue rights and photography rights), trademarks, patents, design rights, utility models, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights. All rights, including but not limited to Intellectual Property Rights, in or related to the Service or its parts shall remain vested with and be the sole and exclusive property of Work Pilots. The Service and the contents of the Service are protected with Intellectual Property Rights in accordance with the laws of Finland and the international conventions and agreements. Work Pilots retains all rights, including but not limited to Intellectual Property Rights, to the Service, the contents of the Service as well as changes and modifications thereof. The User acknowledges and accepts that no rights are transferred, granted or assigned to the User unless explicitly otherwise stated in these Terms of Use. For the avoidance of doubt, no Intellectual Property Rights to the Service are granted to the User under these Terms of Use.

The use or publication of documentation related to or contained in the Service is prohibited without prior written consent of Work Pilots.

By publishing information or material in or submitting information or material to the Service, the User grants Work Pilots a worldwide, irrevocable, perpetual, non-exclusive, transferrable, sublicensable and royalty-free right to use such information and a right to assign, transfer, sublicense, use, utilize and disclose such information or material at its sole discretion. Work Pilots shall be entitled to, at its sole discretion and without any obligation to pay any compensation or remuneration to the User, use, publish, disclose or assign such information and material in the original or revised form, partially, in full or attached to other material in connection with its commercial, communication, PR and other activities.

 

Term and termination

These Terms of Use are in force as a binding agreement until further notice.

The User may terminate the right to use the Service by informing Work Pilots at info@workpilots.fi. In such event, Work Pilots shall be entitled to retain and store User’s Information and other information related to the User to the extent needed to comply with its other obligations related to the Service, laws and regulations (including but not limited to the accounting and tax laws) and other similar obligations in accordance with Work Pilots privacy policy.

Work Pilots may immediately and without any prior notice terminate or limit the User’s right to use the Service provided that the User has, in the opinion of Work Pilots, violated or is violating the Terms of Use, applicable laws or acted or is acting unethically. In such event, the User shall not be entitled to any compensation or refund related to any Tasks.

All terms and conditions of these Terms of Use which by their nature should survive the termination, expiration or cancellation of the User’s right to use the Service, including but not limited to terms and conditions related to Intellectual Property Rights, Work Pilots’ rights to claim damages and limitation of liability of Work Pilots, shall continue in full force and effect subsequent to and notwithstanding the termination, cancellation or expiry of these Terms of Use or the User’s right to use the Service. The termination, cancellation or expiry of the User’s right to use the Service shall not affect the User’s payment obligations related to Tasks, which have been ordered prior to such termination, cancellation or expiry.

 

Miscellaneous

The use of Service is also governed by Work Pilots privacy statement.

Work Pilots may, at its sole discretion, assign, transfer or sell the Service and its maintenance, the customers of Work Pilots and any and all rights and obligations resulting from these Terms of Use partially or in full to any subsidiary of Work Pilots, successor or third party by notifying the User in the Service or by other means Work Pilots considers suitable.

 

Contact Information

Any questions and notices related to or under these Terms of Use shall be sent to info@workpilots.fi.

 

Dispute resolution and governing law

The Service and these Terms of Use shall be governed by and shall be construed in accordance with the laws of Finland, without regard to the choice of law rules and principles. Any dispute, controversy or claim arising out of or related to these Terms of Use shall be primarily settled, if possible, by amicable negotiations between the parties. In the event the parties are not able to reach a settlement by amicable negotiations, the dispute, controversy or claim arising out of or related to these Terms of Use shall be resolved by the district court of Helsinki. A consumer may always institute proceedings in the district court of its domicile.

 

Consumer protection

These Terms of Use shall no limit the rights, which may be granted to the User by the mandatory consumer protection laws or other mandatory laws. In the event the dispute between the parties cannot be settled by amicable negotiations, a consumer may refer the dispute to the Finnish Consumer Disputes Board. Prior to referring the dispute to the Finnish Consumer Dispute Board, the consumer should contact the Finnish Consumer Authority Services.

 

Terms and conditions related specifically to the Orderer

Ordering and performance of a Task

The Orderer orders a Task by placing an order in the Service. By placing the order, the Orderer represents and warrants that the Orderer has the right to obtain the Task. Work Pilots endeavors to publish the order without any unnecessary delay. Work Pilots may modify the order or retain from publishing it if, in the opinion of Work Pilots, the order is misleading or offensive, contains irrelevant information, violates these Terms of Use or for other reason cannot be published in the Service.

The Orderer shall be responsible for the compliance with all relevant laws and regulations governing the work done by a person under 18 years of age, including but not limited to Young Workers’ Act (998/1993, as amended), in the performance of the Tasks.

The Orderer’s order is visible to potential Workers, provided that the Task can be performed within the geographical area defined by such Workers. The Workers may apply to perform the Task and the Orderer shall select the Worker from the Workers who have applied for the Task. The Task is formed and confirmed upon selection of the Worker by the Orderer.

The Orderer is responsible for paying the service fee (including VAT) for the Task in accordance with the pricing terms laid out in the Service. Upon selection of the Worker by the Orderer, Work Pilots shall be entitled to place an authorization hold on the User’s credit or debit card registered with and accepted by the Service, unless Work Pilots and the Orderer have entered into a separate agreement regarding invoicing (term for payment 14 days). The Orderer may also pay the service fee by using bonus points (PilotPoints) that the Orderer has earned, received or purchased. Work Pilots shall be entitled to charge (or invoice, when applicable) the service fee from the Orderer upon confirmation of the completion of the Task by the Worker.

By selecting a Worker to perform a Task in the Service, the Orderer acknowledges and accepts that a legally binding agreement regarding the Task is formed and accepts the payment obligations related thereto. In the event the Orderer, in the opinion of Work Pilots, uses the Service to publish orders without an intention to select a Worker (e.g. to advertise employment opportunities), Work Pilots shall be entitled to remove the order from the Service and charge an order fee of EUR 100 from the Orderer.

The Worker shall perform the Task independently and the Orderer may not direct or supervise the Worker. The Orderer may, however, monitor the performance of the Task and advise the Worker in the performance of the Task to ensure that the Task is performed as agreed. When the Worker is not performing the Task, the Worker is not at the disposal of the Orderer.

In the event the Worker is not able to perform the Task without unreasonable effort due to e.g. illness, the Worker and the Orderer may agree on a new schedule. In the event the Worker and the Orderer are unable to agree on a new schedule, the Task and the authorization hold placed on the debit or credit card of the Orderer shall be cancelled. Alternatively, the Worker may arrange a substituting Worker to perform the Task, provided that the Orderer accepts such substitution. In such case, the Orderer shall i) place a new order in the Service, for which the new Worker applies and ii) cancel the original Order.

In the event of a controversy between the Orderer and the Worker related to a scope, quality or duration of the Task, the User must make a complaint about the matter within five (5) days from the Worker’s confirmation of the completion of the Task to info@workpilots.fi. In the event the User learns about the matter after such time period, the User must make a complaint about the matter within five (5) days from learning about such matter.

Upon the performance of the Task, the Worker confirms in the Service that the Task has been completed. Upon such confirmation, the Orderer shall accept the completion of the Task. Notwithstanding the above, the Orderer shall be deemed to have accepted the completion of the Task and the payment obligations related thereto even if the Orderer has not accepted the completion of the Task in the Service if the Orderer has not made a complaint within five (5) days of the completion of the Task.

The Orderer and the Worker may give feedback to each other via the Service. Work Pilots does not verify or monitor such feedback and shall not be responsible for the accuracy or appropriateness of such feedback. The User may inform Work Pilots about any inappropriate feedback at info@workpilots.com. Work Pilots reserves the right to remove inappropriate feedback from the Service.

The Orderer undertakes to pay the service fee in full even if the final number of working hours of the Worker was lower than the agreed number of working hours, unless otherwise agreed between the Parties. In the event the Orderer cancels the Task within 24 hours from the agreed starting time of the performance of the Task, the Orderer shall pay the service fee in full, unless otherwise agreed. In the event the Orderer cancels the Task earlier than 24 hours prior to the agreed starting time of the performance, the Parties may agree on a possible compensation separately.

The Orderer undertakes to agree on any extension of the scope of the Task with the Worker via the Service.

 

Separate customer agreement

In the event the Orderer has entered into a separate written customer agreement with Work Pilots and there is a discrepancy between these Terms of Use and such customer agreement, the terms and conditions of the customer agreement shall prevail.

Terms and conditions related specifically to the Worker

 

Ordering and performance of a Task

The Orderer orders a Task by placing an order in the Service. The Worker can review orders in the Service that match the interests and knowledge of the Worker. An order is only visible to a potential Worker if the Task may be performed within a distance range defined by the Worker. A Worker may apply to perform tasks and the Orderer selects one of the applicants to perform the Task. The Task is formed when the Orderer has selected the Worker to perform the Task. The Worker is obligated to inform his or her age to the Orderer upon the Orderer’s request prior to starting the performance of the Task.

By applying for a Task, the Worker undertakes to perform the Task provided that the Orderer selects the Worker to perform the Task. The Worker may cancel his or her application for a Task provided that the Task is open in the Service. In the event the Worker is not able to perform the Task without unreasonable effort due to e.g. illness, the Worker shall immediately inform the Orderer, upon which the Parties shall follow the procedure described above.

The Worker shall perform the Task independently, without any direction or supervision of the Orderer. However, the Orderer may monitor the performance of the Task and advise and instruct the Worker to ensure that the Task is performed as agreed. When the Worker is not performing a Task for an Orderer, the Worker is not at the Orderer’s disposal.

Upon the performance of the Task, the Worker shall confirm in the Service that the Task has been completed. Upon such confirmation by the Worker, the Orderer may accept the completion of the Task. Work Pilots reserves the right not to pay the worker compensation prior to the acceptance of the completion of the Task by the Orderer. In the event the Orderer does not accept the completion of the Task, the Worker may contact the Orderer to find an amicable settlement. If the Parties are unable to reach an amicable settlement, the Orderer may contact Work Pilots at info@workpilots.fi.

The Orderer and the Worker may give feedback to each other. Work Pilots does not verify or monitor such feedback and shall not be responsible for the accuracy or appropriateness of such feedback. The User may inform Work Pilots about any inappropriate feedback at info@workpilots.com. Work Pilots reserves to right to remove inappropriate feedback from the Service.

 

Payment of the worker compensation

The worker compensation shall be paid to the Worker deducted with the withholding tax percentage rate, which the Worker has submitted to the Service. Work Pilots shall render the worker compensation to the Worker within 14 days upon acceptance of the completion of the Task by the Orderer. Work Pilots shall report the worker compensation and withheld tax to tax authorities as required by applicable laws.

The Worker receives the worker compensation in full even if the final number of working hours of the Worker was lower than the agreed number of working hours, unless otherwise agreed between the Parties. In the event the Orderer cancels the Task within 24 hours from the agreed starting time of the performance of the Task and the Parties are unable to agree on a new schedule for the Task, the Worker shall be entitled to a compensation equal to worker compensation for one (1) hour of work. In the event the Orderer cancels the Task earlier than 24 hours prior to the agreed starting time of the performance, the Parties may agree on possible compensation separately.

The Worker undertakes to agree on any extension of the scope of the Task with the Orderer via the Service.

 

Separate agreement between the Worker and Work Pilots

In the event the Worker has entered into a separate written agreement with Work Pilots and there is a discrepancy between these Terms of Use and such agreement, the terms and conditions of the separate agreement shall prevail.