Terms of Service
These Terms of Service constitute a legally binding agreement between you and FUM TIME, Inc. (“Company” or “FUM TIME”) governing your use of the FUM TIME Platform (as defined below), Company’s website (https://www.fumtime.com or the “Site”). The FUM TIME Platform and related services provided by Company and the Site, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Employers and Workers (both as defined at Section 1) in relation to the services, together are hereinafter collectively referred to as the “FUM TIME Platform.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND FUM TIME CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 8), AS APPLICABLE). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 8, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OF ACCESS THE FUM TIME PLATFORM.
1. FUM TIME Platform connects Employers and Workers
The FUM TIME Platform is a web-based communications platform which enables connections between Employers and Workers. “Employers” are individuals and /or businesses seeking to obtain short-term task services from Workers, and “Workers” are individuals and/or businesses seeking to perform Employer’s requirements. Employers and Workers together are hereinafter referred to as “Users.” If you agree on the terms of a task with another User, you and such other User from a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
WORKERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM EMPLOYER’S NEED AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM EMPLOYERS NEED. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A WORKER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The FUM TIME Platform only enables connections between Users for the fulfillment of needs. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Works, Employers, Workers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the works requested or services provided by, or the communications of or between, Users identified through the FUM TIME Platform, whether in public, private, or offline interactions or otherwise howsoever.
FUM TIME Platform is only available only to, and many only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must are all times use our platform only in conjunction with and under the supervision of a parent or legal guardian who is are least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
We may, at our sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
3. Contract between Employers and Workers
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Task with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the FUM TIME Platform, and any other contractual terms accepted by both the Workers and their Employers to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Worker (or Assistants (as defined below)), nor will it create an employment relationship between the Employer and the Worker (or Assistants (as defined below)). Company’s role is restricted solely to acting as a limited payment collection agent for the Worker to facilitate payment on behalf of the Worker through the FUM TIME Platform using the Payment in respect of Tasks they perform. In acting as the limited payment collection agent for particular Tasks on the FUM TIME Platform, FUM TIME disclaims any other agency or authority to act on behalf of the Worker, and assumes no liability or responsibility for any acts or omissions of the Worker, either within or outside of the FUM TIME Platform.
Where approved in advance by the Employer, the Worker is not obligated to personally perform the Task. Before any Task services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Worker (collectively “Assistants”), the Worker shall require any such individuals to become fully registered, oriented and verified Workers on the FUM TIME Platform. A Worker’s failure to comply with this provision by bringing an Assistant who is not a registered Worker could lead to removal from the FUM TIME Platform. The Worker assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Worker and all persons engaged by the Worker in the performance of the Task services.
While using the FUM TIME Platform, Employers, in their sole discretion, determine whether they will be present or not when a Task is performed and/or completed. Employers who elect not to be present when a Task is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etcetera) is present when the Task is performed, they are appointing that person as their agent (“Employer’s Agent”) and the Worker may take and follow direction from the Employer’s Agent as if such direction was given from the Employer him or herself.
The Employer shall pay their Worker directly for completed Task services through the Payment as indicated on the FUM TIME Platform at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. FUM TIME reserves the right to suspend or terminate any account or Task pending the resolution of any dispute.
4. Billing and Payment
Users of the FUM TIME Platform contract for Workers directly with other Users. Company will not be a party to any contracts for Workers or services. Payment for Work services through the FUM TIME Platform is made directly from the Employer to the Worker via the FUM TIME authorized third party payment company, and not by FUM TIME. FUM TIME is not obligated to pay Worker for Employer’s failure to pay for services.
Employers shall make the payments only through FUM TIME authorized third party payment company and shall not pay the Workers outside this platform.
We require Employers to pay the total amount to us which shall be kept in a separate account with us until the services are delivered to Workers. Once the services/work is delivered to the Employers, we shall release the payment to the Worker’s account.
Users of the FUM TIME Platform will be liable for any taxes required to be paid on the Works provided under the Agreement.
You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Worker, you may have positive funds if you have successfully completed a Project.
Funds in your Account are held by FUM TIME authorized third party financial institutions. Funds in your Account are held separately by FUM TIME, and may be commingled with our general operating funds, and/or funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
FUM TIME may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to FUM TIME and company will not be liable to any User for any imputed interest on such funds.
If your Account has negative funds, we may:
1. set-off the negative amount with funds that you subsequently receive into your Account;
2. reverse payments you have made from your Account to other User Accounts on the Website;
3. deduct amounts you owe us from money you subsequently add or receive into your Account; or
4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
In the event that FUM TIME offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to FUM TIME Employers/Workers by any other legal means.
You acknowledge and agree that:
1. FUM TIME are not a bank or other licensed financial institution and do not provide banking services or any financial services to Employers and Workers;
2.we are not acting as a trustee or fiduciary with respect to such funds or payments;
the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
3. funds may only loaded into User’s Account, or released from User’s Account, by FUM TIME authorized third party financial institution, and Users must only use the mechanisms available on the Website to pay for, or receive funds in respect of Worker’s Services;
4. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
5. FUM TIME Platform will us third party financial institution to hold funds in respect of the amount of Users Account in an account held with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
6. FUM TIME Platform may commingle Users funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
6. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the FUM TIME Platform is owned by FUM TIME, excluding User Generated Content, which Users hereby grant FUM TIME a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. FUM TIME owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Canada Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the FUM TIME Platform without FUM TIME’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of FUM TIME and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of FUM TIME, including without limitation FUM TIME and FUM TIME logos, are service marks owned by FUM TIME. Any other trademarks, service marks, logos and/or trade names appearing via the FUM TIME Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
7. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of FUM TIME and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the FUM TIME Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify FUM TIME in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to FUM TIME upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of FUM TIME’s trade secrets, confidential and proprietary information, and all other information and data of FUM TIME that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to FUM TIME or FUM TIME’s business, operations or properties, including information about FUM TIME’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
8. Dispute Resolution – Arbitration & Class Action Waiver
USERS RESIDING IN CANADA: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FUM TIME CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND FUM TIME TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.
Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Taskers nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
9. Governing Law
USERS RESIDING IN CANADA: Except as provided in Section 8 or expressly provided otherwise, this Agreement and your use of the FUM TIME Platform will be governed by, and will be construed under, the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.
10. Changes to this Agreement and the FUM TIME Platform
11. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the FUM TIME Platform, please contact us at https://www.fumtime.com