Terms Of Service April 2025
Welcome to ShiftBee
These terms explain the basis on which you may access and use our services.
The web portal is made available to you by Shiftbee Ltd a company registered in Scotland with company number SC844456 and registered office at Office 2/3, 48 W George St, Glasgow G2 1BP.
By registering with Shiftbee or otherwise accessing or using our services, you agree to be bound by these terms, as may be amended by us from time to time. If you do not agree to these terms, you must stop using our services immediately.
Where you enter into these Terms on behalf of a company or other legal entity (whether incorporated or not), you warrant to us that you have the right to bind such company or entity to these terms. Unless Shiftbee has been informed otherwise, Shiftbee is entitled to treat your acceptance of these terms as your company’s acceptance of these terms.
These terms incorporate our privacy policy, Acceptable Use Guidelines and any other documents referenced therein, each of which you also agree to be bound by when you register with us or otherwise access or use our services.
Our services are only made available for use by persons who are acting in the course of a business. If you are a consumer, you are not eligible to use our services and you should not use our services. Any freelancer using our services acknowledges and agrees that they are self-employed and not an employee or worker.
Definitions
Please contact us for a list of definitions associated with these terms. Email hello@shiftbee.co.uk and we will provide you with a copy.
Our Services
The “Services” Shiftbee provides to Users include:
allowing Users to register and access our job noticeboard services.
Providing a service which matches Freelancers with Clients so they can engage.
obtaining relevant documentation from Clients for the purpose of verifying their legal status and allowing them to submit Gigs to our job noticeboard, to connect with and engage Freelancers;
obtaining relevant documentation from Freelancers for the purpose of verifying their legal status and allowing them to Express Interest to Gigs, to connect with and provide services to Client;
preparing and issuing invoices on behalf of Freelancers in relation to Gigs performed via the Marketplace, pursuant to the Invoicing Authority;
facilitating payments of Freelancer Fees to Freelancers.
How the Service works
Shiftbee is temporary job noticeboard service for the removals industry. It enables Freelancers (looking to find work in the removals industry) and Clients (Removal companies looking to source freelancers) to Match as follows and under the following conditions:
Once verified, clients can book a driver or porter based on whether there are available drivers and porters to meet the criteria of the booking.
A freelancer can then be matched with the booking. The freelancer can counter-offer the hourly rate. If the counteroffer is accepted by the client, the job will be completed at the new hourly rate.
Full payment including Freelancer Fees and platform Fees will be made by the client the day before the booking. Shiftbee shall issue invoices to the Client in the name and on behalf of the Freelancer for the Freelancer Fees (and any Late Cancellation Compensation where applicable) pursuant to the Invoicing Authority and otherwise in accordance with the process and timelines set out in these Terms, together with an invoice for the applicable platform Fees and any other Fees due to Shiftbee from the Client.
The Client shall pay all Fees due to Shiftbee in accordance with these Terms, and Shiftbee shall account to the Freelancer for the Freelancer Fees owed (and any Late Cancellation Compensation where applicable).
The Freelancer will complete the Gig in accordance with the terms agreed with the Client.
Gigs shall last a minimum of 9 hours up to a maximum of 24 hours.
Once the Gig has been completed by the Freelancer, the Freelancer will be required to confirm the exact number of hours they provided services at the Gig and this will be reviewed and confirmed by the Client (“Confirmed Hours”). If confirmation is not received within seven days, the Client tacitly agrees to the number of hours, which can then be approved by Shiftbee.
If the ‘Confirmed Hours’ is >9 hours, the client will be invoiced for any additional Fees due to Shiftbee.
Upon completion of a Gig, both the Client and Freelancer will be required to provide a review for the other party, based on their overall performance as freelancer / client.
Our role
Whilst Shiftbee creates, maintains and provides Freelancers and Clients with a job noticeboard service within which they can connect and enter into service arrangements via Shiftbee, our obligation to Users is limited to providing the online and physical resources as described in these Terms and putting Freelancers and Clients into contact.
Freelancers and Clients are independent parties that contract directly with each other with regards to a Gig to be performed via Shiftbee. As the provider of the marketplace, Shiftbee is not a party to any contract for a Gig between a Freelancer and Client in any way whatsoever and Shiftbee does not enter into any contract for or on behalf of any Freelancer or Client.
Shiftbee does not provide, control, manage, offer or deliver any services or work to be performed by a Freelancer in relation to a Gig. Clients are fully responsible for selecting the appropriate Freelancer for each Gig based on the information made available via Shiftbee and as such Shiftbee cannot guarantee:
the quality, suitability or legality of any Freelancer or any services provided by such Freelancer.
the truth, accuracy or non-infringement of any information submitted to Clients by Freelancers via Shiftbee; or the performance or conduct of any Freelancer or third parties, including whilst performing the Gig.
Shiftbee shall not be responsible or liable for any unavailability or unsuitability of Freelancers, or for any acts or omissions of Freelancers before, during or after an engagement.
Clients and Freelancers are solely liable for any difficulties, claims and disputes which may arise during conclusion and/or performance of contracts for Gigs and, consequently, each User holds Shiftbee harmless from and against any liability regarding direct or indirect consequences resulting directly or indirectly from the establishment of relationships or conclusion and/or performance of such a contract between a Freelancer and a Client.
Our website may contain links to third-party websites or resources (“Third Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Shiftbee is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services.
Account Registration
In order to access our job noticeboard services, a User must register with us. This can be done via our website or via phone.
If you are registering an Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
The marketplace is intended for use only by persons who are acting in the course of a business, and not by consumers. The User confirms that, on registering an Account:
the User is registering on behalf of a business and not as a consumer;
if registering as a Freelancer, such individual or legal entity is incorporated in the UK and has its principal address for invoicing within the UK; and
the User is at least 18 years old and of legal age to contract and use our marketplace in accordance with these Terms
When registering, you must provide accurate and complete information as requested in the registration form. When registering, you will be required to:
provide your full name, email address and address;
if you are registering on behalf of a business or legal entity (such as a company for Clients), provide the registered name and address of the company, country of registration, registered number, invoicing and bank account details, and applicable VAT number; and
If registering as a Freelancer, provide your date of birth, bank account number, National Insurance Number (NIN), Gender and Unique Taxpayer Reference (UTR) number; (“Account Details”).
Freelancers can complete up to a maximum of 5 Gigs via the Marketplace prior to providing their UTR number to Shiftbee, after which point Shiftbee reserves the right to block the Freelancer’s Account until such UTR number has been provided.
In the event that a User provides false, inaccurate, out-of-date or incomplete data (or fails to keep information provided up to date), Shiftbee shall be entitled (in addition to our other rights and remedies) to suspend or close your Account and refuse any future access to all or part of the Services.
Verification
Freelancers:
After Freelancers sign up, Shiftbee will verify their account. We will check if the ID matches the Freelancer person and if the ID is valid. Furthermore, we will check to ensure the freelancer has the right to work in the UK. If the freelancer is verified and permitted to work in the UK, Shiftbee will approve their account. Shiftbee can access the personal data of the Freelancer in order to inform the Freelancer on the status and outcome of the verification process
Clients:
After signing up for the Marketplace of Shiftbee, Shiftbee will contact potential Clients in order to get acquainted. After this, Shiftbee will perform a check to verify if the potential Client can become a Client. The following checks will be performed:
Clients need an official business email address to sign up;
Shiftbee has the company CreditDevice perform a credit check. Using the company name and country of establishment of the potential Client, CreditDevice will give Shiftbee information on the company’s credit status. Based on this, potential Clients will get a maximum amount of outstanding invoices.
The client agrees to not reimburse freelancers in cash during a gig.
The Client warrants that it has all necessary consents and licences required to comply with these Terms and engage Freelancers for the Gigs it offers by way of the Gig Submissions.
Replacement
Freelancers must turn up themselves for a Gig and cannot send other people in their place to perform at a Gig.
Amendments and Cancellation
Clients can amend their booking at any time. Booking can be cancelled up to 7 days before the booking is due to commence at no charge. Less than 7 days but more than 48 hours before is subject to a 50% cancellation charge. Cancellation 48 hours of less before a booking is due to commence is subject to a 100% cancellation charge.
More than 7 days notice – 0% charge = £0
More than 48 hours notice but less than 7 days notice – 50% charge = £78.75
Less than 48 hours – 100% charge = £157.50
Engaging Freelancers (specific to Clients)
If the Client engages a Freelancer for a Gig, the Client agrees that it shall be responsible for:
verifying and running any necessary background checks on prospective Freelancer (book DBS checks where required);
providing the Freelancer with any information they reasonably require to complete the Gig;
entering into written contractual terms directly with the Freelancer relating to the engagement of their services for the Gig, containing any terms agreed via Shiftbee and any other provisions the Client deems necessary and/or appropriate;
complying with applicable obligations under relevant health and safety legislation.
If, following the expiry of the Cancellation Window, the Freelancer cancels the Gig via Shiftbee the Client shall notify us via the Marketplace and the No-Show shall be logged in the profile of the Freelancer going forwards.
Shiftbee reserves the right to cancel the Gig at all times if deemed necessary by Shiftbee, without the Freelancer being entitled to any form of compensation.
Fees and payment
Shiftbee will be responsible for invoicing and collecting all remuneration due to Freelancers for Gigs performed through Shiftbee in accordance with the Invoicing Authority. The Client hereby agrees to pay to us the Freelancer Fees owed to Freelancers (including any Late Cancellation Compensation) in accordance with these Terms.
Shiftbee shall invoice the Client after the booking is logged on our system. The client must make payment at least 24 hours before the booking takes place. If payment has not been received the booking will not take place.
Once Shiftbee has received payment of the Freelancer Fees in full from the Client, Shiftbee shall transmit such sums to the Freelancer.
For the avoidance of doubt, until such time as Shiftbee receives the relevant instalment of the Freelancer Fees from the Client in full cleared funds, Shiftbee shall be under no obligation to account to the Freelancer for such sums.
The Client hereby indemnifies and shall remain indemnified to us for any and all losses, costs, damage or expense or penalties suffered by us as a result of its failure to comply with these Terms including without limit paying the Freelancer Fees or complying with IR35. Depending on the requirements of the Gig Submission and whether the Freelancer is a Deemed Employee, these may include (as relevant) but will not be limited to:
the Freelancer Fees as agreed in respect of the original Gig Submission;
any income tax, employees’ and employers’ NICs national insurance contributions or apprenticeship levy in respect of the Freelancer Fees and any associated interest and penalties imposed in connection with such tax; NICs and/or apprenticeship levy;
any expenses as may have been agreed between you and Freelancer.
For the avoidance of doubt, where amounts are due to the Freelancer which are additional to those agreed when the initial Gig Submission was confirmed, Shiftbee may invoice you for such amounts you will be responsible for paying such additional amounts to us.
Other payment terms
All Fees payable by the Client under these Terms are calculated exclusive of any taxes (such as VAT), fees, duties or other charges, and the Client shall in addition pay an amount equal to any taxes (such as VAT), fees, duties or other charges chargeable on those sums on delivery of an appropriate tax invoice.
If the Client fails to make any payment by its due date and for whatever reason the booking goes ahead then, in addition to our other rights and remedies, a late payment charge of £40 including VAT shall apply and interest shall accrue on the overdue sum in accordance with the UK Late Payment of Commercial Debts (Interest) Act 1998 (the “Late Payment Act”). If the Late Payment Act does not apply then interest shall accrue on the overdue sum from the due date until the date of payment (both before and after judgement) calculated and compounded daily, at a rate of 8% per annum above the Bank of England Base Rate from time to time (or 8% during any period that such base rate is below zero).
The Client shall not request cancellation of any sums paid electronically through the Marketplace, by way of its financial institution (or otherwise), during performance of any Gig.
All amounts due under or in relation to these Terms shall be paid in full without any deduction or withholding other than as required by law. Where any deduction or withholding is required by law, you shall pay to us such additional sum as may be required in order that the net amount actually received and retained by us (after such deduction or withholding has been made) shall be equal to the full amount of the Fees and Freelancer that would have been received and retained by us had no such deduction or withholding been required to be made. You shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any amount payable to us in whole or in part.
Provision of the Services to the Client is conditional upon receipt by us of all Fees due by the payment due date and, unless otherwise agreed in writing by the parties, Shiftbee will have no responsibility or liability to provide the Service until such payment has been received.
IR35 – applicable to all Clients unless they class as a Small Company or do not have a UK Connection
In the event that the Freelancer personally performs or is under an obligation to personally perform their services via their Intermediary Entity, it is the Client’s sole responsibility to determine whether the Freelancer is a Deemed Employee under IR35; to produce a Status Determination Statement (“SDS”) confirming its determination and the reasons for it; to send the SDS to the Freelancer and to provide the Freelancer with a disagreement resolution procedure.
The Client warrants that it is the fee-payer under Section 61N ITEPA.
If the Client considers that the Freelancer is a Deemed Employee, the Client warrants that it is solely responsible for complying with the fee-payer’s obligations under IR35 and shall treat the Freelancer as its employee for all tax and national insurance contributions (“NICs”) purposes including, without limit, deducting PAYE income tax and employees’ NICs from any Freelancer Fees and paying (and bearing the costs of) employers’ NICs and any associated payments of apprenticeship levy on or in respect of the Freelancer Fees. In these circumstances, the Client will pay to us the Freelancer Fees on a net basis (after deduction of income tax and employees’ NICs ). For the avoidance of doubt if the Freelancer challenges the SDS, the Client warrants that it shall continue to treat the Freelancer as its employee for all tax and NICs purposes unless and until the Client withdraws the SDS and issues a new SDS confirming that the Freelancer is not a Deemed Employee.
If the Client considers that the Freelancer is not a Deemed Employee, the Client will not treat the Freelancer as its employee for tax and NICs purposes and shall pay to us the Freelancer Fees on a gross basis without any deduction of income tax and employees’ NICs.
It is the Client’s sole responsibility to keep its determination as to whether the Freelancer is a Deemed Employee under review. In any event, if the Gig Submission details change prior to or during the Gig Submission, or the Client becomes aware of any information which would make the SDS inaccurate, the Client must carry out another status determination to determine whether the Freelancer is a Deemed Employee and if its determination is different from its previous determination, withdraw the previous SDS and issue a new SDS with its new determination together with the reasons for its new determination. In addition, the Client must cancel the relevant Gig Submission and submit a new Gig Submission.
Invoicing Authority (specific to Freelancers)
The Freelancer acknowledges and agrees that, through the creation of an Account, the Freelancer is deemed to have given its unconditional consent for entering into this Invoicing Authority with us whereby the Freelancer (acting as principal) exclusively grants us (acting as agent) the authority to: (i) draw up and issuing Freelancer’s invoices for the Gigs carried out via Shiftbee; and (ii) collect payment of said invoices from Clients, on the Freelancer’s behalf.
The Freelancer shall send to us all information required for the preparation of invoices and otherwise to allow us to comply with our applicable legal obligations.
The Freelancer acknowledges that the updating of any information provided to us relating to its legal, accounting and tax situation is essential to performance of the Invoicing Authority and undertakes in this respect to immediately inform us of any change likely to impact its legal, accounting and tax situation (including changes to: registered office, corporate form, VAT status, etc.).
Provided that the Freelancer has provided us with all necessary and accurate information regarding the Freelancer and in respect of the relevant Gig to which the invoice relates, Shiftbee undertakes to comply with all applicable legislation on invoicing, and in particular to ensure that the appropriate accounting and tax information (including VAT) is mentioned on the invoices issued. Freelancers remain solely responsible for providing accurate information to us for such purposes and their accounting and tax obligations regarding the issuance of their own invoices.
Shiftbee remains liable for any VAT due when it is wrongly invoiced, provided that this does not result from a failure by a Freelancer to comply with its obligations under these Terms or under any other agreement with the Company or other accounting and tax obligations (in which case the Freelancer shall be solely liable).
Shiftbee will provide the Freelancer with a copy of all invoices issued under the Invoicing Authority.
The Invoicing Authority will immediately enter into effect as from acceptance (including deemed acceptance) of these Terms, and remain in effect until the Freelancer has terminated its Account and all Gigs have been completed by the Freelancer, or Shiftbee otherwise terminates this Invoicing Authority or the Freelancer’s Account.
Reviews
At the end of each Gig, Clients and Freelancers are both required to leave a rating for the performance of the other party as Client / Freelancer (as the case may be) (“Review”).
Reviews must reflect objective considerations and cannot, under any circumstances, include defamatory, offensive or insulting elements and are subject to the Acceptable Use Guidelines included within these Terms. Shiftbee reserves the right to remove any reviews or recommendations at any time in our sole discretion.
Users shall not seek to attempt to manipulate the reviews or recommendations system in any manner.
Non-circumvention
The User undertakes to make fair use of the marketplace and Services, and in particular not to circumvent the marketplace and its services in any way. The User undertakes not to contract directly with a Freelancer or Client (as applicable) that is has Matched or otherwise connected with through Shiftbee in respect of any freelancer services to be performed outside of Shiftbee.
In the event that any Users connected via the Marketplace subsequently contract for any freelancer services outside Shiftbee in breach of this Section, Shiftbee will send the Client an invoice for a lump-sum amount of £5,000 as compensation (“Circumvention Compensation”), which the Client undertakes to pay immediately upon receipt. The Client acknowledges that the Circumvention Compensation is proportionate when considering our legitimate interest in delivery of the Marketplace and our Services.
Even if Shiftbee becomes entitled to the Compensation Sum under this Section, Shiftbee may exercise such other remedies as may be available to us, either under these Terms or otherwise at law or in equity, including the right to terminate the User’s Account.
Your use of the Marketplace
As a User of the Marketplace, you agree to comply with:
all applicable laws in your local jurisdiction;
our Acceptable Use Guidelines; and
such lawful policies that Shiftbee communicates to you from time to time, including our Equality Policy.
You agree that you will not copy, decompile, modify, adapt or reverse engineer any part of the marketplace, allow others to use or access the Marketplace, or use the Marketplace in any manner that may be unlawful or that breaches our Acceptable Use Guidelines.
All intellectual property rights (including copyright, rights in data, trade marks and any patents or patent applications) and all associated goodwill, belong exclusively to us (or our respective licensors). You have no rights in or to our services other than the right to use our services in accordance with these Terms.
To the extent that the existence or use of the marketplace or any related service may infringe any law of a territory other than Scotland, England and Wales, you are prohibited from such activity and this provision shall override all other provisions of these Terms.
Shiftbee may monitor, edit or remove any Content made available by you or your use of the marketplace that, in our opinion, breaches the letter or spirit of these Terms, or for any other lawful reason, at any time.
The User undertakes to make and complete all the necessary declarations and formalities as are required: (i) to undertake their activities and obligations in connection with the use of the Marketplace and the services to be provided by the Freelancer in relation to each Gig; (ii) to satisfy all legal, social, administrative and tax obligations and all specific obligations incumbent upon them, as may be relevant in accordance with the laws of England and Wales and/or any foreign legislation, in the context of the use of the Marketplace and the services to be provided by the Freelancer in relation to each Gig; and (iii) at our request, to immediately provide us with all supporting documents proving that they fulfil the conditions set forth in this paragraph.
Our right to update these Terms
From time to time Shiftbee may change, update or revise these Terms and the policies they refer to.
Any revised terms or policies will be made available to you via Shiftbee and a notification of any material changes will be emailed to you. Where Shiftbee makes changes to these Terms in an adverse way to you (unless such change is to comply with applicable law or regulation), Shiftbee will provide you advanced notice of such changes before introducing them and give you an opportunity to terminate and delete your Account if you are not happy with the changes. Please take a moment to read any changes to these Terms. If you do not agree to the changes, you should not use the Marketplace and you should delete your Account in accordance with these Terms.
This version of our Terms is effective from April 3rd 2025.
Availability
Shiftbee aims to provide a marketplace and service that you enjoy using and Shiftbee tries to make sure that it is available and meets our users’ needs. However, Shiftbee is not able to guarantee that the Marketplace will always meet expected functionality, availability and/or other performance levels, especially as Shiftbee is reliant on third parties. In particular, there may be times when the Marketplace is unavailable due to maintenance or emergency works. Shiftbee is not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Marketplace. Any guarantee, condition, representation or warranty which might otherwise be implied or incorporated into these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. While Shiftbee takes reasonable steps to ensure that the Marketplace does not contain or allow the introduction of any virus, malware, bugs or similar issues, Shiftbee cannot guarantee this, and you should take the necessary precautions before using the Marketplace.
Any views expressed while using Shiftbee are the opinions of the relevant users, and do not represent our views, opinions, beliefs or values. Shiftbee is not responsible for the content of any Gig Submissions. Where you have reason to believe that any such content is in breach of these Terms, infringes your rights (or third party rights), or is otherwise illegal, you agree to notify us. Where Shiftbee receives a notification, Shiftbee will take reasonable steps to investigate promptly.
Once you have submitted content to us for posting on the Marketplace and such content has been posted, it may be shared and reposted by users, including on other websites or social media channels. Given the nature of the internet and social media, if your content is posted elsewhere online, others may have shared, commented on, or re-posted your content. While Shiftbee may be able to remove content from the Marketplace, Shiftbee is not able to remove or control content from other websites or marketplaces.
Termination of your Account
Termination by us
Shiftbee may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Account, in accordance with these Terms, including where Shiftbee reasonably considers that:
you have violated these Terms; or
you have violated any of our policies (including our Acceptable Use Guidelines).
Shiftbee may also terminate or suspend your Account:
if Shiftbee decides to no longer provide the Marketplace, for example due to technical, financial or legitimate business reasons; or
for any reason on 30 days’ notice to you.
You also acknowledge that Shiftbee may cease to make the Marketplace available in any particular territory or region at any time without notice to you.
Termination by you
If you no longer want to use our Services, please stop accessing the Marketplace and please submit a request to delete your Account and terminate your agreement with us as follows:
Email – [Email TBC]
Shiftbee may retain your Content and related data on our systems beyond the date of deletion of your Account for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
Confidentiality
Except as expressly stated below, you agree to keep confidential any information you obtain as a result of or in connection with Shiftbee that is proprietary and confidential or which you might reasonably expect the discloser would regard as confidential and you agree not to use any of that information or permit others to use that information other than to determine whether or not to engage Freelancers.
The disclosure to the Client via the Marketplace of actual or potential Freelancers, and/or other information constitutes confidential information and must be strictly treated as such and not shared with any third parties.
The Freelancer undertakes to keep strictly confidential all exchanges with Clients as well as any information communicated to them or of which they become aware when contact is made via the Marketplace (which may or may not give rise to a Gig). In particular, without limiting the foregoing, Users undertake not to share with any third party, either privately or on social media, any exchange, information or extract from a conversation on the Marketplace chat service. Clients and Freelancers may sign additional Non Disclosure Agreements if agreed between them.
Our liability to you
To the fullest extent permitted by law, in no event shall Shiftbee be liable for any:
loss of profits, loss of revenue, loss of opportunity;
loss of, corruption of or damage to, information, data or systems (including Gig Submissions), or
inability to access or use the Marketplace;completeness, accuracy or legality of information or materials made available by Freelancer; and/or
any indirect, special or consequential loss or damage, in each case whether or not Shiftbee was aware of the possibility of such loss of damage, and however such loss or damage arises.
Our maximum aggregate liability to each User (when taken together in aggregate and not per claim) shall not exceed a maximum of £100 per year.
A User shall use best endeavours to mitigate any liability (including any loss or damage) that a User may suffer or incur, including that a User shall take any actions likely to be reasonably necessary to ensure the liability (including any loss or damage suffered or believed to be suffered) does not worsen.
Nothing in these Terms shall exclude or in any way limit our liability for death or personal injury caused by our negligence or fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
You choose to use the Marketplace voluntarily and at your sole risk. The Marketplace is provided “as is”, without warranty of any kind, either express or implied.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us and our affiliates, subsidiaries, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Marketplace, (iii) any allegations or claims relating to employment status and related rights; and/or (iv) your breach of any laws, regulations or third party rights.
Privacy
How Shiftbee collects and uses personal information in connection with a User’s access to and use of the Marketplace is described in our Privacy Policy.
General
These Terms apply to the exclusion of all other terms, including any terms proposed or made available by you or any previous iterations of these Terms made available by us (which these terms shall supersede and replace). These Terms are the entire agreement between the parties and neither party has relied on any prior representation by the other party (including misrepresentations whether innocently or negligently made).
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you cease to use the Marketplace or your access is terminated, all terms intended to survive shall continue to apply, including intellectual property, liability, privacy and confidentiality.
These Terms shall be governed by in accordance with the law of Scotland and the Scottish courts shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms.
Acceptable Use Guidelines
You must not use the Marketplace or otherwise engage in any behaviour during a Gig in any way that:
is not in good faith;
is defamatory of any other person;
is obscene, offensive or immoral;
promotes or facilitates any form discrimination whether based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise;
infringes the copyright, database right, patent, or other right of any other person, including privacy rights;
makes content submitted via the Marketplace available outside of the Marketplace, except with our prior written consent;is (or is likely to) physically or emotionally harass, threaten, upset, embarrass, alarm or annoy any other person;
is likely to disrupt or overload our service in any way, for example by hacking or inserting malicious code into the Marketplace or uploading/downloading too much data;
advocates, promotes or assists in any unlawful act such as copyright infringement or computer misuse;
collects other users’ content or information using automated means;
aggregates, scrapes or otherwise uses data made available via the Marketplace for means other than those intended by us;
misrepresents your identity or affiliation with any person;
distributes unsolicited or unauthorised advertising, promotional materials, spam or other forms of solicitation or advertisement other than as expressly permitted in these Terms; and/or
facilitates or encourages any breach of these Terms.
Further, all Clients must:
Not engage in any activity, practice or conduct which would constitute a tax evasion facilitation offence under section 45(1) or section 46(1) of the Criminal Finances Act 2017;
Comply with any anti-facilitation of tax evasion requirements imposed by law;
Have and shall maintain in place throughout the duration of their registration on the Marketplace such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees and subcontractors of the Client). The meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Act 2017; and
To the extent permitted by law, promptly report to us any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Act 2017, in connection with a Gig or these Terms.