Zing Terms of Service
1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Zing Inc. (“Zing,” “we,” “us” or “our”) governing your use of the Zing application, website, and technology platform (collectively, the “Zing Platform”) to request the services of independent contractors.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ZING PLATFORM.
If you do not agree to these Terms, you may not access or use the Zing Platform. Zing may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Zing Platform or any portion thereof, at any time for any reason.
2. The Zing Platform
The Zing Platform provides a marketplace where businesses (“Client”) who seek to contract the services of independent contractors (“Contractor”) offering their Services can be matched. YOU ACKNOWLEDGE THAT ZING DOES NOT PROVIDE EMPLOYMENT SERVICES OR FUNCTION AS A STAFFING AGENCY OR AN EMPLOYER AND THAT ALL SUCH PROJECT WORK ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY ZING OR ANY OF ITS AFFILIATES.
Contractors and Clients are collectively referred to herein as (“Users”) and each User shall create a User account that enables access to the Zing Platform. Each Client and Contractor may only create one User account, and Zing reserves the right to shut down any additional accounts. As a User, you authorize Zing to match you with a Client or Contractor based on factors such as rating, location, previous matches, experience level, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the services or any project work provided by Contractors to Clients that are matched through the Platform shall be referred to collectively as the (“Services”). Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Contractor to a Client shall constitute a separate agreement between such parties
3. Relationship with Zing
As a Contractor on the Zing Platform, you acknowledge and agree that you and Zing are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Zing expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Zing; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Zing, and you undertake not to hold yourself out as an employee, agent or authorized representative of Zing.
Zing does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or the manner you complete any service. You retain the sole right to determine when, where, and for how long you will utilize the Zing Platform. You retain the option to accept or to decline or ignore a Client’s request for Services via the Zing Platform, or to cancel an accepted request for Services via the Zing Platform, subject to Zing’s then-current cancellation policies. Zing shall have no right to require you to wear a uniform or any other clothing displaying Zing’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
As a Client, you acknowledge and agree that Zing does not oversee the Contractor work. You therefore acknowledge and agree that if you accept to engage with the Contractor, any dealings are solely between You and the Contractor and Zing shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Subject to your compliance with these Terms, Zing grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Zing Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Zing and Zing’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Zing; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Zing Platform may only be used by individuals who can form legally binding contracts under applicable law. The Zing Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
The Services and all rights therein are and shall remain Zing’s property or the property of Zing’s licensors. Neither these Terms nor your use of the Zing Platform convey or grant to you any rights: (i) in or related to the Zing Platform use except for the limited license granted above; or (ii) to use or reference in any manner Zing’s company names, logos, product and service names, trademarks or services marks or those of Zing’s licensors.
As a Client, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include rates and other applicable fees, surcharges, and taxes plus any tips to the Contractor that you elect to pay. Zing has the authority and reserves the right to determine and modify pricing by prior notice or quoting you a price for a specific request at the time you make a request. Pricing may vary based on the type of service you request (e.g., Entry, Basic, Skilled, Expert levels) . You are responsible for reviewing each quote following your requests and shall be responsible for all Charges incurred under your User account.
Each service will be quoted in its entirety and each quote will consist of a base charge and incremental charges based on the duration and job type and position you requested. Each quote will have minimum applicable rates.
The quotes are subject to change until the final duration of the Services is established. If you do not need the contractor Services as requested and would like to make a change, minimum rates will apply independent of the duration the contractor was on workplace.
10. Fees and Other Charges
Service Fee. You may be charged a “Service Fee” for each quote.
Cancellation Fee. After receiving and accepting a quote, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. Please check out our Help Center to learn more about Zing’s Cancellation Policy, including applicable fees.
Tips. Following a job, you may elect to tip your Contractor in cash or through the Zing application. Any tips will be provided entirely to the Contractor.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe or whichever provider that might be used at that time) Zing may replace its third-party payment processing services without notice to you. Charges shall only be made through the Zing Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Zing satisfies your payment obligation for your use of the Zing Platform and Services.
11. No Refunds
All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Zing Platform, any disruption to the Zing Platform or Services, or any other reason whatsoever.
12. Credit Card Authorization
Upon addition of a new payment method or each quote request, Zing may seek authorization of your selected payment method to verify the payment method, ensure the quote cost will be covered. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Contractor, you will receive payment for your provision of Services pursuant to the terms of the Contractor Addendum, which shall form part of this Agreement between you and Zing. The Contractor Addendum is available in the Contractor dashboard when you log into your account.
14. Zing Communications
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from Zing, its affiliated companies and/or contractors, may include but are not limited to: operational communications concerning your User account or use of the Zing Platform or Services, updates concerning new and existing features on the Zing Platform, communications concerning promotions run by us or our third-party partners, and news concerning Zing and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE ZING PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM ZING (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REACH US AT HELLO@ZINGWITHUS.COM, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE ZING PLATFORM OR THE SERVICES.
15. Your Information
You may be able to create or log-in to your Zing User account through online accounts you may have with third party social networking sites (like Facebook) (each such account, an “SNS Account”). By connecting to Zing through an SNS Account, you understand that Zing may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Zing Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
16. Contractor Representations, Warranties and Agreements
By providing Services as a Contractor on the Zing Platform, you represent, warrant, and agree that:
- You possess a valid work permit / visa
- You will not, while providing the Services, offer additional services and demand that a client pay in cash, or to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Zing or Clients on the Zing Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable payments for the job(s) in question.
- You agree that we may obtain information about you, including your criminal record and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You will pay all applicable federal and local taxes based on your provision of Services and any payments received by you.
17. Intellectual Property
All intellectual property rights in the Zing Platform shall be owned by Zing absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Zing Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Zing. Zing shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The following disclaimers are made on behalf of Zing, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Zing does not provide employment services, and Zing is not an employer. Zing is not a staffing agency or temporary work agency. It is up to the Contractor to decide whether or not to offer Services to a Client contacted through the Zing Platform, and it is up to the Client to decide whether or not to accept Services from any Contractor contacted through the Zing Platform. We cannot ensure that a Contractor or Client will complete an arranged project work. We have no control over the quality or safety of the work that is done as a result of the Services.
Zing offers WSIB coverage for the contractors solely for workplace related injuries. Clients still need to adhere to provincial and federal workplace safety standards and offer a safe and hazard free workplace environment. Zing will handle any claim due to a workplace injury.
The Zing Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Zing Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Zing Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Zing Platform will be corrected, or that the Zing Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Zing Platform or Services.
We cannot guarantee that each Client is who he or she claims to be. Please use common sense when using the Zing Platform and Services, including looking at the photos of the Contractor or the address of the Clients you have matched with to make sure it is the same individual you see in person and that you are in the correct address. We encourage you to communicate directly with each potential Contractor or Client prior to engaging in arranged Services.
Zing is not responsible for the conduct, whether online or offline, of any User of the Zing Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the workplace by Contractors or any type of damage caused by the contractor in the workplace. By using the Zing Platform and participating in the Services, you agree to accept such risks and agree that Zing is not responsible for the acts or omissions of Users on the Zing Platform or participating in the Services.
You are responsible for the use of your User account and Zing expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Zing Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Zing Platform or through the Services. Please carefully select the type of information that you post on the Zing Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Zing or made available through the Zing Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Zing Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Zing Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Zing advises you to use the Zing Platform with a data plan with unlimited or very high data usage limits, and Zing shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Zing Platform.
You will defend, indemnify, and hold Zing including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Zing Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Contractors, Clients, or other workers in the service area, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Zing Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your provision of Services as a Contractor; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
20. Limitation of Liability
IN NO EVENT WILL ZING, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “ZING” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE ZING PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE ZING PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Zing; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Zing may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or have the necessary work permits or visas; (2) you fall below Zing’s star rating or cancellation threshold; (3) Zing has the good faith belief that such action is necessary to protect the safety of the Zing community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Zing’s reasonable satisfaction prior to Zing permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Zing’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Zing’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, address, contact information and photo (“Confidential Information”) disclosed to you by Zing for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Zing in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Zing with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Zing or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Zing; becomes known to you, without restriction, from a source other than Zing without breach of this Agreement by you and otherwise not in violation of Zing’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Zing to enable Zing to seek a protective order or otherwise prevent or restrict such disclosure.
23. Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
You may not assign or transfer these Terms in whole or in part without Zing’s prior written approval. You give your approval to Zing for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Zing’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Zing or any Third Party Provider as a result of the contract between you and Zing or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
25. Modification to the Agreement
Zing may amend the Terms related to the usage of Zing Platform and Services from time to time. Amendments will be effective upon Zing’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Zing Platform after such posting constitutes your consent to be bound by the Terms, as amended.
LAST UPDATE: February 15, 2019