Terms & Conditions

Gig Looker

Updated: 1st March 2023
By agreeing to these Terms of Use, I understand and acknowledge the following:
TERMS OF USE GIG LOOKER AGREEMENT FOR GIG SOUK SERVICE

Gig Souk Mobile App is owned and operated by InnovateDigi Technologies Pte. Ltd. (“Gig Souk,” “we,” or “us”). Gig Souk provides a service (the “Service”) that allows gig looker (“Gig Looker”,”you” or “Customers”) to access Gig Souk’s network of gig workers (“Gig Workers” or “Contractor”) to identify local/remote workers to meet part time/full time/remote work needs for services. The gig workers have access to the app to receive and review open tasks listing for services from customers and respond with their own proposal to such listing.

Gig lookers are responsible for ensuring that their task listings comply with all applicable country laws and regulations.

Gig lookers are responsible for background check, screening and selecting gig workers. Gig Souk is a platform connecting gig looker and worker and ensuring gig worker is paid as per payment specified in the task deal by holding the task amount in secured wallet. It does not guarantee the quality, suitability, or reliability of gig workers.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS.

ACKNOWLEDGMENT AND ACCEPTANCE OF GIG LOOKER AGREEMENT

This Agreement sets out the terms of the relationship between Gig Souk and you. By signing this agreement and/or by using the Gig Souk Mobile App in connection with the Service, you represent that

(1) you have read, understand, and agree to be bound by this agreement, and

(2) you have the authority to enter into this agreement personally or on behalf of the company you have named as the gig looker. The terms “you”, “Gig Looker” and “Customer” refer to you or the legal entity which you represent or work for.

You agree and understand that certain features of the App (defined below) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms shall constitute a breach of this agreement. Gig Souk reserves the right to change this agreement, and any additional terms at any time, effective upon making the modified provisions available on the application or by notifying you directly. You are responsible for regularly reviewing this agreement for updates and modifications to its terms. Continued use of the Gig Souk Mobile App after any such changes are made to this agreement shall constitute your consent to such changes. Other than making the changes available on the app, Gig Souk does not and will not assume any obligation to notify gig looker of any changes to this agreement, or the creation or modification of any additional terms.

1. Definitions

Terms defined as set forth below or elsewhere in the Agreement.

(a) “Deliverables” means the deliverables specified in a Gig Souk deal for delivery by a Gig worker to you.

(b) “Posting” means a notice provided by Gig Souk to one or more gig worker, which includes a description of the services to be provided by the gig workers and the associated deliverables, the date by which the Gig Souk deal must be completed and the fee for the gig worker who performs the Gig Souk Deal (the “Payment”). The Payment will be subject to an additional charge to compensate Gig Souk for creating, hosting, administering and providing the App (“Service Fee”).

(c) “Gig Souk Mobile App” means the software used by Gig Souk in connection with the Service..

(d) Once the gig looker and gig worker have agreed upon the terms of a Service Request pursuant to Section 2, the Service Request will become a “Service Deal”.

 

2. Service Request. Gig looker may from time to time submit a posting to Gig Souk via the App. We reserve the right to reject any posting that is not appropriate, that violates the terms of service or use or that we believe in good faith to be inconsistent with the business interests of Gig Souk or the integrity of the App.

3. Payment and Fees

3.1 Fees. Gig Souk charges fees and collects payment for each Service deal. You agree to provide Gig Souk with complete and accurate billing and contact information, including but not limited to, Customer’s legal name, street address, e-mail address, and the name and mobile number of an authorized billing contact. You agree to update this information within seven (7) days of any change to it. If the contact information you have provided is false or fraudulent, Gig Souk reserves the right to block your access to the Service, and any outstanding service deal, in addition to pursuing any available legal remedies. Generally, you will be prompted to top up your secured wallet to allow Gig Souk app to hold the deal amount plus platform service fee when you enter in a deal with the gig worker for services to be provided. The service fee for engaging a gig worker as an independent contractor totals 10% (+ payment gateway charges) of the deal amount and is generally for creating, hosting, administering, maintaining and providing the App (“Invoice Amount”). Service fee is charged once deal is done. A service deal shall be considered complete once the deliverables have been accepted by gig looker in accordance with deal details. Gig Souk app will immediately transfer the service fee to gig worker secured wallet (1) on marking the service deal as “Closed” and (2) rating given to the gig worker.

3.2 Late Cancellation Fee. Gig Souk’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Gig looker is responsible for paying all taxes associated with its service deals. If Gig Souk has the legal obligation to pay or collect taxes for which gig looker is responsible under this section, the appropriate amount shall be invoiced to and paid by gig looker.

4. Intellectual Property Ownership

4.1 Gig Souk IP. Gig looker acknowledges that all the intellectual property rights in the App, the deal, the Gig Souk app, and any metadata or other information generated or submitted to Gig Souk by a gig looker in the course of performing a Gig Souk deal are owned by Gig Souk or Gig Souk’s licensors or suppliers (the “Gig Souk IP”). Customer shall not obtain, by this agreement, any right, title or interest in the trademarks of Gig Souk or Gig Souk’s licensors, affiliates or suppliers, nor shall this agreement give gig looker the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of Gig Souk or Gig Souk’s licensors, affiliates or suppliers. Gig looker agrees not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Gig Souk IP, or (b) rent, lease, loan, or sell access to the Gig Souk IP.

4.2 Suggestions. Gig looker hereby grants to Gig Souk a royalty-free, worldwide, transferable, irrevocable, perpetual license to use, reproduce, modify, or incorporate into the Gig Souk IP, and otherwise fully exploit, any suggestions, enhancement requests, recommendations or other feedback provided by gig looker related to the Gig Souk IP.

5. Confidentiality

5.1 Definition of Confidential Information.As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, confidential information shall not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party, (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party, (c) is received from a third party without breach of any obligation owed to the disclosing party, or (d) was independently developed by the receiving party without access to, or use of, the disclosing party’s confidential information.

5.2 Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and the Receiving Party shall only disclose the Confidential Information of the Disclosing Party to those of the Receiving Party’s Gig workers, contractors and agents who need such access to perform obligations or exercise rights under this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

5.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent such disclosure is compelled by law, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

5.4 Information Included in Service deals. Notwithstanding the foregoing, gig looker acknowledges and agrees that some of the information that it provides in service deals will be sent to gig worker who will need this information to respond to requests to perform one or more Gig Souk posting. By submitting a service posting, gig looker is requesting, and expressly consents to have details of the service deals sent to gig workers that provide like or similar services to those sought through the Gig Souk postings. Gig looker agrees that all information provided will be accurate, current and truthful to the best of its knowledge.

6. Disclaimers

The service and the deliverables are provided “as-is” and “as-available.” Gig Souk expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Gig Souk makes no warranty that (a) the service or deliverables will meet customer’s requirements; (b) the service will be available on an uninterrupted, timely, secure or error-free basis; or (c) the results that may be obtained from the use of the service or deliverables will be accurate or reliable. Gig Souk does not and cannot guarantee a match between each gig looker request and a gig worker or that there are gig workers in each geographic area requested by customer who are willing to fulfill the Gig Souk request at the time and place requested. Gig looker acknowledges and agrees that Gig Souk has no liability for the action, or inaction, of any gig worker and that there is no employment, joint venture, or agency relationship between Gig Souk and the gig workers. Gig Souk does not guarantee or warrant the gig worker performance of the Gig Souk requests or the outcome or quality of the deliverables provided.

7. Limitation of liability; Indemnity

In no event shall Gig Souk be liable to gig looker or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising from customer’s use of the Gig Souk IP or the deliverables, even if Gig Souk has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Gig Souk’s liability to customer for any damages arising from or related to customer’s use of the Gig Souk IP or the deliverables (for any cause whatsoever and regardless of the form of action) will at all times be limited to the fees customer paid to Gig Souk for the deal in dispute Customer warrants and represents that it has properly classified all gig workers that are used to provide services through the Gig Souk App. Customer further agrees to indemnify, defend, and hold harmless Gig Souk and its parents, affiliates, gig workers, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to: (1) a breach by you of any representation, warranty, covenant, or obligation in this Agreement; (2) any negligent or intentional act or omission committed by you, in connection with the performance of this agreement, which act or omission gives rise to any claim for damages against you, Gig Souk and/or its parents, affiliates, gig workers or agents; or (3) your violation of applicable law. Gig Souk specifically denies any obligation to defend and/or indemnify you from and against any third party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Gig Souk deal.

8. Relationships between Gig Souk, gig lookers and gig workers

8.1 Gig Souk provides a platform through which gig lookers and gig workers can buy and sell services online. Under this agreement (and Gig Souk’s service agreement with gig worker), Gig Souk provides services to both gig lookers and gig workers, including the provision of a technology platform, aimed at facilitating the formation of contracts between gig lookers and gig workers and informally managing disputes related to those contracts. Through the app, customers can post assignments and invite gig workers to propose their price for these assignments which gig looker can review and accept. If a gig looker and Gig worker agree on terms, including how a gig worker will be classified, a deal is formed directly between such gig looker and gig worker.

8.2 The Parties expressly agree that no joint venture, partnership, employment, or agency agreement exists between them as a result of this agreement or any use of the App.

8.3 Worker classification. Customer assumes all liability for proper classification of gig workers as independent contractors or gig workers based on applicable legal guidelines. This agreement does not create a partnership or agency relationship between gig looker and gig worker. Gig worker does not have authority to enter into written or oral — whether implied or express — contracts on behalf of gig looker. Gig looker acknowledges that Gig Souk does not, in any way, supervise, direct, or control gig worker’s work or services performed in any manner. Gig Souk does not set gig worker’s work hours and location of work, nor is Gig Souk involved in determining the type or manner compensation to be paid for any service posting. Gig Souk will not provide gig worker with training or any equipment, labor or materials needed for a particular request. Gig Souk will not deduct any amount for withholding, unemployment, Provident Fund, or other taxes as it would in the case of an gig worker. Gig looker and gig worker will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to gig worker’s performance of service requests.

9. Termination

9.1 Termination without cause. Either party may terminate this Agreement without cause, effective immediately upon notice to the other party, however, cancellation of this agreement shall not relieve any party of their obligations relative to any service deals that has been entered into but not completed at the time of the cancellation.

9.2 Surviving Provisions Sections 3 (“Fees and Payment”), 5 (“IP Ownership”), 6 (“Confidentiality”), 7 (“Disclaimers”), 8 (“Limitation of Liability”), 9.2 (“Surviving Provisions”) and 10 (“Miscellaneous”) shall survive any termination of this agreement.

10. Miscellaneous

10.1 Law. This agreement or any claim, cause of action or dispute (“Claim”) arising out of or related to this agreement shall be governed by the laws of Singapore regardless of your country of origin or where you access Gig Souk, and notwithstanding any conflicts of law principles.

10.2 Arbitration. You agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE APPLICATION AND/OR THE SERVICES PROVIDED (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the App and/or the Service (including your visit to or use of the App and/or the Service) be instituted more than three (3) years after the cause of action arose.
Before filing a Claim for arbitration or otherwise seeking relief in a court of law, you agree to first inform Gig Souk (support@gigsouk.com) of your complaint and seek resolution. This notice of dispute must include: your name, relevant account information, a brief description of your dispute, and contact information, so that Gig Souk may evaluate the dispute and attempt to informally resolve same. Gig Souk will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.

10.3 Arbitration Procedures. In the unlikely event that you and Gig Souk end up in a legal dispute and have not been able to resolve it within 60 days of your original informal claim, you and Gig Souk agree to the following:
All Claims must be resolved through binding arbitration before an arbitrator located in Singapore . Any disputes as to the applicable rules and procedures shall be resolved by the arbitrator.

The party wishing to initiate arbitration must submit a written demand for arbitration. If you initiate a claim, you will submit the demand to Gig Souk at support@gigsouk.com. If Gig Souk initiates a claim, Gig Souk will serve a demand for arbitration upon you by email to the email address on file with Gig Souk, and may send a copy by certified mail to your last known address (or to another address specified by you in your notice of dispute of your informal claim). You agree to service of process in that manner. Any demand for arbitration by either party shall identify the parties to the dispute, describe the legal and factual basis of the dispute, and specifically state the remedy being sought.

10.4 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

10.5 No Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without Gig Souk’s express prior written consent. Any attempted assignment, delegation or transfer in violation of the foregoing will be null and void. Gig Souk may assign this agreement or any of its rights under this agreement to any third party with or without your written consent.

10.6 Notices. Gig Souk may give any notice required by this agreement by means of a general notice on the app, electronic mail to your email address on record with Gig Souk, or by written communication sent by first class mail or pre-paid post to your address on record with Gig Souk. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). Except as set forth in Section 10.3 above, you may give notice to Gig Souk, addressed to support@gigsouk.com. Such notice shall be deemed given when received by Gig Souk by letter delivered by email to support@gigsouk.com.

10.7 Waiver. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

10.8 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Except as permitted herein, no modification or amendment to this Agreement will be effective unless in writing and signed by the party to be charged. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any Service Engagement, the terms of this Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any purchase order or other order documentation (excluding Service Engagements) shall be incorporated into or form any part of this Agreement, and all such terms and conditions shall be null and void.

10.9 Modifications to App. Gig Souk reserves the right at any time to modify or discontinue, temporarily or permanently, the app or the service (or any part thereof) with or without notice. You agree that Gig Souk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the app or the service.

11. Gig Souk Secured Digital Wallet System

11.1 Gig Souk provides an online digital wallet system that allows gig looker and gig worker to store and manage funds.

11.2 Funds stored in the digital wallet are held securely in reputed payment gateway and digital bank which are approved by Monetary authority of Singapore

11.3 Should there be abuse using the platform, Gig Souk reserves the right to suspend or terminate the digital wallet system at any time, without notice.

11.4 Gig Souk is not responsible for any losses or damages resulting from the unauthorised use of the digital wallet system. You are responsible for maintaining the confidentiality and security of your account and password. You are also responsible for all activities that occur under your account. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.

12. Prohibited Activities

12.1 You agree not to use Gig Souk for any illegal or unauthorized purpose.

12.2 You agree not to post or transmit any content that is defamatory, obscene, or offensive.

12.3 You agree not to use any automated system, including robots, spiders, or scrapers, to access Gig Souk for any purpose.

12.4 Should you abuse using the platform, Gig Souk reserves the right to suspend or terminate your account at any time, without notice.

13. Contact Gig Souk

If you wish to report a violation of the customer agreement, report abuse, have any questions or need assistance, please contact support at support@gigsouk.com.

 

 

Gig Workers

Updated: 1st March 2023
By agreeing to these Terms of Use, I understand and acknowledge the following:
TERMS OF USE GIG LOOKERS AGREEMENT FOR GIG SOUK SERVICE

Gig Souk Mobile App is owned and operated by InnovateDigi Technologies Pte. Ltd. Singapore (“Gig Souk,” “we,” or “us”). Gig Souk provides a service (the “Service”) that allows gig lookers (“gig looker”,“Customers”) to access Gig Souk’s network of gig workers (“gig worker” or “you” or “Contractor”) to identify local/remote workers to meet part time/full time/remote work needs for services. The gigworkers have access to the app to receive and review open listing for services from customers and respond with their own proposal to such listing.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS.

ACKNOWLEDGMENT AND ACCEPTANCE OF GIG LOOKER AGREEMENT

This terms of use independent contractor services agreement (“Terms of Use” or “Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between Gig Souk and you. By registering to become a gig worker, you accept and agree to be bound by the terms of this agreement. Please read it carefully. By accessing the app, or becoming a gig worker, you accept this agreement and agree to the terms, conditions and notices contained and/or referenced herein.

Gig Souk reserves the right to change this agreement, and add additional terms at any time, effective upon making the modified provisions available on the app. You are responsible for regularly reviewing the terms of use for modifications and updates to its terms. Continued use of the app after any such changes are made to this agreement shall constitute your consent to such changes. Other than making the changes available on the app, Gig Souk does not assume any obligation to notify gig worker of any changes to this agreement, or the creation or modification of any additional terms.

Notwithstanding the previous paragraph or any contrary language in this agreement, the arbitration agreement in Section 9 of this agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by the company and you.

You acknowledge that you are able to read this agreement, any other terms, notices, forms and any other notices or documents required by, or incorporated into, this agreement by reference, any amendments to this agreement, or any other items required by regulation or law. Further, you agree to keep the contact information in your account current at all times including, but not limited to, your email address, physical address, and mobile number.
Use of the App is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old or the age of legal majority in the jurisdiction in which you work and legally authorized to work to become a gig worker. If you do not meet these criteria, you may not register to become a Gig worker.

1. Definitions

Terms defined as set forth below or elsewhere in the Agreement.

(a) “Services” means the services described in a Gig Souk for services by a Gig worker to a Gig looker.

(b) “Gig Souk Posting” means a notice provided, through the app, to one or more gig workers, which includes a description of the services to be provided by the gig workers, the time by which the gig looker’s task must be completed (the “Task Completion Date”) and the fee associated with the Gig looker request (the “Payment”). An open task is a request for services that has not yet been accepted by a gig worker (“Open Posting”). Gig worker can use the App to review open tasks and to propose their price and duration to complete that service for open gig/task. Once a gig worker has accepted a gig looker request pursuant to Section 2, the Gig looker request will become a “Gig Souk Deal”. Each Gig Souk deal constitutes a new contract between Gig worker, and gig looker. Gig Souk holds the gig looker money in secured wallet until the task is completed.

(c) “Gig Souk app” means the software application used by Gig Souk in connection with the Services.

2. General

2.1 Gig workers can search and apply for task posted by gig lookers.

2.2 Gig workers are responsible for ensuring that their profile and proposal applications are accurate and complete.

2.3 Late Cancellation Fee.Gig Souk’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Gig looker is responsible for paying all taxes associated with its service deals. If Gig Souk has the legal obligation to pay or collect taxes for which gig looker is responsible under this section, the appropriate amount shall be invoiced to and paid by gig looker.

2.4 Gig workers are responsible for complying with all applicable country laws and regulations.

2.5 By registering to become a Gig worker and accepting an open task, you agree to use your best efforts to perform the Gig Souk deal such that the services meet the requirements and specifications of the gig looker, for whom the open task was created. Once a gig looker has accepted an proposal from a gig worker, the open request will no longer be available for proposal submission by other gig workers who received the open listing. By accepting an open task, you are entering into a binding legal agreement to provide the services for the payment specified in the task. Do not accept an open task unless you are sure that:(1) you understand what you are being asked to deliver; (2) you have the knowledge and expertise to perform the services identified in the open task;(3) you can deliver the services in the agreed time period; and if required, you can get to and from the Customer’s location ( for onsite tasks only). Failure to timely deliver the services consistent with the Customer’s requirements and specifications will constitute a breach, resulting in non-payment by gig looker. Further, in the event of such a breach, you will be responsible for payment of any additional fees (rush fees) or costs incurred as a result of your failure to timely complete the open tasks listing in accordance with the gig looker requirements.

2.6 Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-gig worker relationship between Gig Souk and you or between the gig looker and you.

2.7 As an independent contractor, you are solely responsible for determining which open tasks listing you will choose to accept and how, when and where you will provide the Services under this agreement.

2.8 Gig Souk does not guarantee the Gig worker any minimum amount of Gig Souk deal;

2.9 Gig Souk does not provide a performance assessment for Gig workers, and does not oversee the actual work or instruct the individual as to how the work will be performed, or the method or process the Gig worker uses to perform services;

2.10 Gig Souk does not pay a hourly rate or salary but rather hold and facilitates gig looker’s payment of the rate set by the gig looker using secured wallet

2.11 Gig Souk does not terminate the work during the term of this agreement unless the gig worker violates the terms of this agreement or fails to produce a result that meets the specifications of the Agreement;

2.12 Gig Souk does not provide training, tools, equipment, benefits, or expense reimbursement to the Gig worker;

2.13 Gig Souk does not dictate the time of performance;

2.14 Gig Souk does not combine its business operations in any way with the Gig worker’s business, but instead maintains such operations as separate and distinct. Gig worker shall have no legal authority to enter into contracts on Gig Souk’s behalf or otherwise bind Gig Souk in any way.

2.15 Gig worker is responsible for obtaining and maintaining any required registration, licenses, or other authorization necessary for the services Gig worker renders.

2.16 You are solely responsible for filing all tax returns and submitting all payments as required by your country taxation department as well as any federal, state, local, or foreign tax authority arising from the payment to you under this agreement, and you agree to do so in a timely manner. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and Provident fund, disability and other contributions.

2.17 Payment processing services for Gig Souk are provided by Stripe and Airwallex subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and Airwallex agreement which includes the Airwallex Terms of Service (collectively, the “Airwallex Services Agreement”). By agreeing to these terms or continuing to operate as a Gig worker on Gig Souk, you agree to be bound by the Stripe, Airwallex Services Agreement, as the same may be modified by Stripe or AirWallex from time to time. As a condition of Gig Souk enabling payment processing services through Stripe, and Airwallex, you agree to provide Gig Souk accurate and complete information about you and your business, and you authorize Gig Souk to share it and transaction information related to your use of the payment processing services provided by Stripe, Airwallex or with any other payment processing services provider that Gig Souk may use.

2.18 You represent and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this agreement, or any Gig Souk deal, or that is otherwise inconsistent with this agreement or any Gig Souk deal.

3 Representations and warranties

(I) General. You represent, warrant, and covenant that:

(a) You have full right, power, and authority to enter into and perform under this agreement without the consent of any third party (including any of your current or former employers);
(b) You will comply with all of the terms of this agreement;
(c) You will fully conform to the gig looker’s specifications, requirements, and other terms of any Gig Souk task listing that you accept, and the services delivered will be of a professional and workman like quality;
(d) You will comply with all applicable laws, rules and regulations in connection with performance of the Services under this agreement;
(e) Any workers that you may employ, engage or otherwise retain to assist with performance of services under this agreement are properly classified and treated under any applicable laws and will assist with the performance of services in a safe, lawful and workmanlike manner.

(II) Indemnification. You will indemnify and hold harmless Gig Souk and its parents, affiliates, Gig workers, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Gig Souk deal, which act or omission gives rise to any claim for damages against you, Gig Souk and/or its parents, affiliates, Gig  workers or agents. Gig Souk specifically denies any obligation to defend and/or indemnify you from and against any third party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Gig Souk engagement.

(III) Insurance. You acknowledge that you are an independent contractor, not an employee of Gig Souk. As such, you acknowledge and understand that you are not covered by any insurance.

(IV) Warranty Disclaimer. The application is provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the application by any third party. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.

4. Limitation of liability

(I) To the fullest extent permissible by applicable law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of Gig Souk

(II) In no event shall our total liability to you exceed the amount paid by gig looker to us( for deal in dispute) for the use of Gig Souk.

5. Confidentiality

5.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”),whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, confidential information shall not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party, (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party, (c) is received from a third party without breach of any obligation owed to the disclosing party, or (d) was independently developed by the receiving party without access to, or use of, the disclosing party’s confidential information.

5.2 Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and the Receiving Party shall only disclose the Confidential Information of the Disclosing Party to those of the Receiving Party’s Gig workers, contractors and agents who need such access to perform obligations or exercise rights under this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

5.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent such disclosure is compelled by law, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential

6 Term & termination

6.1 Term; Termination by Gig Souk. This Agreement is for a term of 90 days, and is automatically and continuously renewed for additional 90-day terms with continued use. In the event more than 90 days passes without the gig worker using the Gig Souk Mobile App, then the gig worker’s next use constitutes a renewal of this agreement. Gig Souk reserves the right to terminate your access to the app if you have not accepted a Gig Souk deal in the previous twelve calendar months, if you materially breach the agreement or any Gig Souk deal, if you violate the law in connection with your use of the app (or in connection with the performance of the services) or if you have otherwise engage in conduct in using the app that Gig Souk, in its sole discretion, believes in good faith to be detrimental to its business interests.

6.2 Survival. 3 (“Representations and Warranties”), 4 (“Limitation of Liability”), 5 (“Confidentiality”), 6.2 (“Survival”), and 7 (“General Provisions”) will survive any termination or expiration of this Agreement and/or any modification or termination of the Application. Termination or expiration of this Agreement will not affect either party’s liability for any breach of this Agreement such party may have committed before such expiration or termination.

7. Arbitration Procedures.

7.1 Law. Except for the “Mandatory Binding Individual Arbitration And Class Action Waiver” below, which is governed by the Singapore’s Arbitration Act, this Agreement or any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state in which the gig worker resides regardless of your country of origin or where you access Gig Souk, and notwithstanding any conflicts of law principles.

7.2 Mandatory Binding Individual Arbitration and Class Action Waiver (“Arbitration Agreement”). The gig looker and gig worker mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Singapore’s arbitration act, and, except as otherwise provided in this arbitration agreement, shall apply to any and all claims arising out of or relating to this contract, the contractor’s classification as an independent contractor, contractor’s provision of services to the company or its customers, the payments received by contractor for providing services to the company or its customers, the termination of this contract, and all other aspects of the contractor’s relationship with the company, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims, claims based on a joint employment or misclassification theory, and all other federal or state legal claims arising out of or relating to contractor’s relationship or the termination of that relationship with the company. The agreement to mutually arbitrate disputes provides consideration for this arbitration agreement. This arbitration agreement applies to claims and disputes that the company may have against contractor and/or that contractor may have against the company, and (1) its affiliates and partners (2) its officers, directors, gig workers, or agents in their capacity as such or otherwise, and/or (3) all successors and assigns of any of them; any and all of which may enforce this arbitration agreement.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or alleged waiver of this arbitration agreement including, but not limited to any claim that all or any part of this arbitration agreement is void or voidable. However, as stated in the “Class Action Waiver” below, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Contractor must be delivered to support@gigsouk.com.

(b) Class Action Waiver. The Company and Contractor mutually agree that by entering into this Arbitration Agreement , both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class and/or collective action (“Class Action Waiver”). Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

(c) Contractor agrees and acknowledges that entering into this arbitration agreement does not change contractor’s status as an independent contractor in fact and in law, that Contractor is not an gig worker of the company or the company’s customer and that any disputes in this regard shall be subject to arbitration as provided in this arbitration agreement.

(d) Any arbitration shall be governed by the rules as set out in Singapore employment act and or as determined by the Tripartite Alliance for Dispute Management (TADM), except as follows:

(1) The arbitration shall be heard by one arbitrator selected in accordance with Singapore’s laws.

(2) If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the city in which contractor performed his contractual duties for the company.

(3) The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defences, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.

(4) Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration

(5) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. The award issued by the arbitrator may be entered in any court of competent jurisdiction.

(6) Either the company or contractor may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual; provided, however, that all determinations of final relief shall be decided in arbitration, and pursuing the temporary or preliminary injunctive relief shall not constitute a waiver of rights under this agreement to arbitrate.

(e) This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. Except In addition to as stated with regard to the Class Action Waiver, above, in the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable. The arbitration agreement is a contractual agreement to mutually arbitrate claims; therefore any statements in any Company handbooks or policies that otherwise disclaim contracts do not apply to this Arbitration Agreement.

8. Modifications to App. Gig Souk reserves the right at any time to modify or discontinue, temporarily or permanently, the app or the service (or any part thereof) with or without notice. You agree that Gig Souk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the app or the service.

9. Gig Souk Secured Digital Wallet System

9.1 Gig Souk provides an online digital wallet system that allows gig looker and gig worker to store and manage funds.

9.2 Funds stored in the digital wallet are held securely in reputed payment gateway and digital bank which are approved by Monetary authority of Singapore

9.3 Should there be abuse using the platform, Gig Souk reserves the right to suspend or terminate the digital wallet system at any time, without notice.

9.4 Gig Souk is not responsible for any losses or damages resulting from the unauthorised use of the digital wallet system. You are responsible for maintaining the confidentiality and security of your account and password. You are also responsible for all activities that occur under your account. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.

10. Prohibited Activities

10.1 You agree not to use Gig Souk for any illegal or unauthorized purpose.

10.2 You agree not to post or transmit any content that is defamatory, obscene, or offensive.

10.3 You agree not to use any automated system, including robots, spiders, or scrapers, to access Gig Souk for any purpose.

10.4 Should you abuse using the platform, Gig Souk reserves the right to suspend or terminate your account at any time, without notice.

11. Contact Gig Souk

If you wish to report a violation of the customer agreement, report abuse, have any questions or need assistance, please contact support at support@gigsouk.com.