1. Application and Acceptance of this Agreement
This Agreement governs your access to and use of Go2 Workers' digital marketplace and connection platform (the "Go2 Workers Marketplace Platform") and any related technology, content, or services, including but not limited to mobile and/or web-based applications (the "Go2 Workers App" and, together with the Go2 Workers Marketplace Platform, the "Services"). It is between you, your heirs, assigns, and successors (collectively, "you" or "your") and Go2 Workers and its subsidiaries, representatives, affiliates, officers, and directors (collectively "Go2 Workers"). These Terms of Use ("Terms of Use") constitute a legally binding agreement between you and Go2 Workers.
In addition to these Terms of Use, your access to, and use of, the Services is also governed by the applicable terms found on our website and will be referred to as the "Supplemental Terms". These include but are not limited to the Privacy Notice for Independent Contractors and the Independent Contractor Agreement, which describe how we collect, use, and disclose your personal information and govern the services you provide through our platform.
Collectively, we refer to these Terms of Use and the Supplemental Terms as the "Terms." These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the "Territory").
By accessing or using any of the Services, you hereby represent and warrant that you have read, understand, and agree to be bound by these Terms as well as any future amendments or additions; that you are of legal age in the jurisdiction in which you reside to form a binding contract with Go2 Workers; and that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any organization.
If you do not agree to these Terms of Use, you must not access or use the Services.
2. Termination and Modification
Termination
Go2 Workers, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Modification
Go2 Workers reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement through the Services or Go2 Workers' website. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to this Agreement or any modifications, you should immediately stop accessing or using the Services.
3. Arbitration Agreement
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
3(a) Scope of Arbitration Agreement
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. By agreeing to these Terms, you and Go2 Workers agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) your classification as an independent contractor; (iv) your alleged or actual performance or provision of services to or for Go2 Workers or customers; (v) the payments you receive or to which you claim you are entitled in exchange for actually or allegedly performing or providing services to or for Go2 Workers or customers; (vi) incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with your use of the Services; and/or (vii) any other claim that you may have against Go2 Workers including, but not limited to, any claims arising under or related to the Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, or Fair Labor Standards Act, state statutes or regulations addressing the same or similar subject matters, or claims based on a joint employment or misclassification theory (collectively "Disputes") shall be resolved exclusively through final and binding arbitration on an individual basis between you and Go2 Workers, and not in a court of law, except as otherwise provided below.
In choosing binding arbitration, you and Go2 Workers are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and Go2 Workers mutually agree to waive your respective rights to the resolution of disputes in a court of law by judge or jury. This Arbitration Agreement survives after your relationship with Go2 Workers ends.
3(b) Class Action Waiver
Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, nor join, coordinate, and/or consolidate claims of multiple individuals against Go2 Workers in a single proceeding, nor to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or Go2 Workers from participating in a class-wide, collective, and/or representative settlement of claims.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Go2 Workers in a single proceeding, except that this Class Action Waiver shall not prevent you or Go2 Workers from participating in a class-wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Go2 Workers.
For the avoidance of doubt, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff or joint action against Go2 Workers, other than participating in a class-wide, collective, coordinated, consolidated, mass, and/or representative settlement of claims.
3(c) Mass Action Waiver
Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or Go2 Workers from participating in a mass settlement of claims.
3(d) Exceptions to Arbitration
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, or any individual claims seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only.
The parties' agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
Regardless of any other terms of this Arbitration Agreement, claims may be brought before and remedies awarded by an administrative agency (such as the National Labor Relations Board, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, the U.S. Department of Labor, or similar state or local administrative agencies) if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
3(e) Governing Law and Venue
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, then the laws governing arbitration agreements in the State of Florida shall apply. The arbitration shall be conducted in Orange County, Florida.
3(f) Selection of Arbitrator
The arbitration shall be conducted by a single arbitrator who is mutually agreed upon by the parties. If the parties cannot agree, the arbitrator shall be appointed in accordance with the FAA rules or the rules of the chosen arbitration organisation.
3(g) Process
The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, they will meet, either in person or via telephone or videoconference, and confer in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within thirty (30) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.
It is a requirement that an informal dispute resolution conference must occur before commencing arbitration. An arbitration shall be dismissed if it was filed without completing the informal dispute resolution conference. If an arbitration is dismissed because a party willfully failed to comply with the informal dispute resolution requirement, the arbitrator may order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party.
If the informal dispute resolution conference is unsuccessful at resolving the dispute, then either party can initiate arbitration. To initiate arbitration a party must provide the other party with a written demand for arbitration and file the demand with an arbitration provider. The written demand must include (i) the name, telephone number, mailing address, and email address of the party seeking arbitration; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars; and (iv) the signature of the party seeking arbitration.
3(h) Costs and Fees
Each party shall bear its own costs and expenses of arbitration, including attorney's fees, unless otherwise required by applicable law or directed by the arbitrator. The costs of the arbitrator and the arbitration process shall be shared equally by the parties, unless otherwise determined by the arbitrator.
3(i) Final and Binding Decision
The arbitrator's decision shall be final, and binding, and enforceable in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The arbitrator is not bound by decisions reached in separate arbitrations, and the arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
3(j) No Effect on Independent Contractor Agreement
Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Go2 Workers relating to your work as an independent contractor, including, without limitation, the Independent Contractor Agreement governing your services as a contractor. You furthermore agree and acknowledge that entering into this Arbitration Agreement does not change your status as an independent contractor in fact and in law, that you are not an employee of Go2 Workers, and that any disputes in this regard shall be subject to arbitration as provided in this Arbitration Agreement. You acknowledge and agree that Go2 Workers is a technology services provider that does not provide cleaning, maintenance, or other similar services.
3(k) Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Arbitration Agreement will survive any termination of your relationship with Go2 Workers.
4. The Services
Customers with a Go2 Workers account can place a Service Order requesting Third-Party Services from Independent Contractors, including without limitation, cleaners, house cleaners, handy persons, maintenance persons, painters, gardeners, and pool cleaners (the "Third-Party Providers"). For the Third-Party Providers, the Services enable you to register as an Independent Contractor in order to receive, accept, and fulfill Service Order requests from customers. The Services may also provide you with related personalized content and certain supporting services, including providing you the ability to express certain preferences about Service Orders, payment processing, and customer support.
As a Third-Party Provider, once you have registered for and set up an active Account, you can set your status to Available or Unavailable. If set to Available, then Go2 Workers may send, but is not required to send, to you potential Service Orders as determined by Go2 Workers. This means that once a customer makes a Service Order request, Go2 Workers will determine the best Third-Party Provider match given the requests of the Service Order and will notify only that Third-Party Provider of the available opportunity. That Third-Party Provider will have a limited amount of time to decide whether or not to accept the Service Order. If you, as the Third-Party Provider, accept the Service Order, then it is your responsibility to fulfill the Service Order. If you do not accept the Service Order within the time frame set, then Go2 Workers will offer the opportunity to other Third-Party Providers until the Service Order has been accepted. Please note that as the Third-Party Provider, you may cancel your acceptance of a Service Order; however, such cancellation will be factored into the algorithm responsible for determining future Service Orders offered by Go2 Workers. If you set your status to Unavailable, then you will not receive potential Service Orders from Go2 Workers.
Each service order accepted by you is a separate and independent contractual engagement between you and the Customer. You agree that, by using the Services to fulfill a service order request, you are subject to these Terms and to the Independent Contractor Agreement you have with Go2 Workers, which governs the provision of services by you.
The specific services to be provided by you will be detailed in the service order request and are subject to these Terms and your Independent Contractor Agreement. Go2 Workers is not a party to the agreement between you and the Customer, and you are solely responsible for fulfilling the service order request. Go2 Workers serves solely as the platform that connects you with the Customer and does not assume any liability or responsibility for your actions or performance of the service order request.
THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO ACCEPT SERVICE ORDERS, IN CONNECTION WITH YOUR USE AS AN INDEPENDENT CONTRACTOR OF THE SERVICES, DOES NOT ESTABLISH GO2 WORKERS AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT GO2 WORKERS IS NOT A CLEANER, HANDY PERSON, MAINTENANCE PERSON, PAINTER, GARDENER, POOL CLEANER, OR OTHER SIMILAR PROFESSION AND HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTS OR OMISSIONS OF SUCH. FURTHERMORE YOU ACKNOWLEDGE AND AGREE THAT AS A THIRD-PARTY PROVIDER YOU ARE AN INDEPENDENT CONTRACTOR AND ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF GO2 WORKERS IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY GO2 WORKERS TO FACILITATE YOUR ABILITY TO ACCEPT SERVICE ORDERS BY CUSTOMERS OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH GO2 WORKERS.
App Stores
The availability of the Services may be dependent on the third party from which you received the license to the Go2 Workers App, e.g., the Apple iPhone or Android app stores (the "App Store"). You acknowledge and agree that this Agreement is between you and Go2 Workers and not with the App Store. Go2 Workers, and not the App Store, is responsible for the provision of Services as described in these Terms. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store's terms and policies) when using the Services.
If you access or download the Go2 Workers App from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement. You agree that Apple has no obligation to provide any maintenance or support services for the Go2 Workers App. In the event of any failure of the Go2 Workers App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you and, to the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and Go2 Workers acknowledge that, as between Go2 Workers and Apple, Apple is not responsible for addressing any claims you or any third party may have relating to the Go2 Workers App.
5. Third-Party Provider Terms
Independent Contractor Relationship
Nothing in this Agreement is intended or should be construed to create a joint venture, partnership, employment, or agency relationship between you and Go2 Workers, or between you and any customers. You acknowledge and agree that you are, and that you specifically intend, to operate as an independent contractor and not an employee. Accordingly, you agree not to take any position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Go2 Workers or customers in connection with your use of the Services, that is inconsistent with your independent contractor status. You acknowledge and agree that you are not the agent of Go2 Workers nor any customer, and that you are not authorised, and must not represent to any third party that you are authorised, to make any commitment or otherwise act on behalf of Go2 Workers nor any customer.
Third-Party Provider Accounts
In order to use the Services, you must register for and maintain an active Services account (your "Account"). You must be at least 18 years of age to register for and obtain an Account. You must be legally eligible to work in the United States. Go2 Workers may conduct a background check, subject to applicable federal and Florida state laws, to verify your qualifications. Go2 Workers may use the E-Verify system, under applicable Florida law, to confirm your eligibility. You agree to provide any necessary information for E-Verify compliance upon request. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information in your Account to keep it accurate, current, and complete. You are the sole authorised User of your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Go2 Workers has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Go2 Workers has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. Go2 Workers maintains the right to delete or deactivate duplicate accounts. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. Go2 Workers will not be liable for losses, damages, liability, expenses, and fees incurred by Go2 Workers or a third party arising from someone else using your Account.
Third-Party Provider Rules, Conditions, Responsibilities, and Conduct
When using the Services as a Third-Party Provider, you agree that you will:
- (a) Have entered into this Agreement with Go2 Workers to use Go2 Workers' Services to connect with third-party individuals, entities, or customers seeking temporary cleaning or maintenance services.
- (b) In return for compensation, offer or provide temporary cleaning or maintenance services to third-party individuals, entities, or customers through Go2 Workers' Services.
- (c) Acknowledge that Go2 Workers treats you as an independent contractor and not as an employee or agent of Go2 Workers, for all purposes under Florida state law, as well as local laws, regulation, and ordinances.
- (d) Be responsible for filing and paying all applicable Florida state and federal taxes and maintaining your own insurance. You are not entitled to any company benefits or insurance that is provided for employees of Go2 Workers.
- (e) Have complete discretion to determine whether, when, where, and how often you make yourself available to accept Service Orders from Go2 Workers.
- (f) Have no obligation to be available to accept Service Orders on any specific day, at any specific time, for any specific duration, for any specific customer, or with any specific frequency.
- (g) Hold yourself out to customers and the general public as an independent contractor engaged in an independently established trade, occupation, business, and/or profession of the same nature as that involved in the services you agree to provide for customers.
- (h) Maintain your right to provide services for, through, or arranged by other parties. Go2 Workers does not and shall not restrict this right.
- (i) Have the unfettered right to earn income and generate fees from other sources and acknowledge that Go2 Workers does not guarantee you any minimum amount of Service Orders.
- (j) Acknowledge that Go2 Workers does not and shall not direct, control, instruct, oversee, or supervise you in connection with your use of the Services, during any consideration or acceptance of any Service Order requests, and/or during your fulfilment of any accepted Service Orders.
- (k) Acknowledge that Go2 Workers does not pay a salary or hourly rate, but rather facilitates customers' payments to you.
- (l) Provide your own tools and equipment for fulfilling accepted Service Orders. Go2 Workers does not and shall not provide training, tools, equipment, or benefits to you and will not reimburse any expenses you incur while fulfilling accepted Service Orders.
- (m) Be responsible for obtaining and maintaining any required insurance, registration, licenses, or other authorization necessary for the work you render to customers.
- (n) Meet any customer specifications or terms included in the accepted Service Order. You will only accept Service Orders for which you have the necessary skills, qualifications, expertise, licensure, insurance, and authority.
- (o) Acknowledge and agree that time is of the essence for the completion of accepted Service Orders.
- (p) Acknowledge that Go2 Workers does not and cannot control the worksite(s) at or in which you perform or provide any services to customers.
- (q) Acknowledge that Go2 Workers cannot and does not verify the accuracy of any Service Order requests by customers.
- (r) Acknowledge that Go2 Workers does not and shall not combine its business operations in any way with your business, but instead shall maintain such operations as separate and distinct.
- (s) Acknowledge that you cannot enter into contracts on behalf of Go2 Workers or in any other way bind Go2 Workers.
- (t) Represent and warrant that you are not subject to any contract or duty that would be breached by entering into this Agreement or fulfilling your obligations under any accepted Service Order.
- (u) Provide your services to the customer in a safe, professional and workmanlike manner.
- (v) Comply with all applicable laws, rules, and regulations in connection with this Agreement and with your fulfilment of accepted Service Orders.
- (w) Not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to Go2 Workers, customers, or any other party.
- (x) Not engage in conduct that harms or threatens the safety of Go2 Workers, customers, or other third parties, and not engage in threatening, harassing, racist, or sexist behaviour or any other behaviour that Go2 Workers deems inappropriate when using the Services or when fulfilling an accepted Service Order.
- (y) Keep your Account accurate and provide Go2 Workers with whatever proof of identity Go2 Workers may reasonably request.
- (z) Not use or attempt to use another's Account, impersonate any person or entity, or attempt to disguise the origin of any content transmitted through the Services.
- (aa) Not offer additional services to customers or accept offers for additional services from customers while fulfilling an accepted Service Order. Any additional service requests must be ordered by the customer through the Services. Go2 Workers has no obligation to facilitate any compensation for additional services arising outside of an accepted Service Order.
- (bb) Maintain accurate records regarding your accepted Service Order by checking in and checking out with the Services.
- (cc) Ensure any workers that you may employ, engage, or otherwise retain to assist with the performance or fulfilment of an accepted Service Order are properly classified and treated under any applicable laws and will assist with the performance of the provided services in a safe, lawful, and workmanlike manner.
- (dd) Notify Go2 Workers, in writing, within 24 hours and provide Go2 Workers with all reasonable information relating to any incident or accident that occurs during your use of the Services and/or your fulfilment of accepted Service Orders, and cooperate with any investigation and attempted resolution of such incident.
- (ee) Not link to, mirror, or frame any portion of the Services.
- (ff) Not launch any programs or scripts that unduly burden or hinder the operation and/or functionality of any aspect of the Services.
- (gg) Not attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
In the event that you breach any of the aforementioned or any other provision of these Terms, Go2 Workers reserves the right to suspend and/or permanently deactivate your Account or take other appropriate action at Go2 Workers' sole discretion. Engaging in any prohibited use of the Services may result in criminal, civil, and/or administrative penalties, fines, or sanctions against you and those assisting you.
Confidentiality
You may be given access to confidential information, which includes but is not limited to any and all information related to Go2 Workers' business, any and all information related to the customers, and/or any and all information that there is a duty for Go2 Workers to treat as confidential. You agree to hold all confidential information that you may be given access to in strict trust and confidence and will refrain from using or permitting others to use any confidential information in any manner or purpose not expressly permitted or required by this Agreement and will refrain from disclosing or permitting others to disclose any confidential information to any third party without first obtaining Go2 Workers' express prior written consent.
Upon Go2 Workers' request and/or upon any termination or expiration of this Agreement, you agree to promptly return all confidential information to Go2 Workers, or at Go2 Workers' request, destroy all confidential information, to permanently erase all electronic files containing or summarising any confidential information, and to certify to Go2 Workers in writing that you have fully complied with these obligations.
Insurance
As an independent contractor you must obtain and maintain valid insurance that will be the primary insurance used in regards to your acceptance of Service Orders under this Agreement. As an independent contractor you acknowledge and understand that you are not covered by any insurance that may be provided by Go2 Workers to its employees, including but not limited to health insurance, worker's compensation insurance, general liability insurance, and automobile liability insurance. You are obligated under this Agreement to obtain and maintain workers' compensation or occupational accident insurance for which you are solely and exclusively responsible. Furthermore, in the event that your actions cause injury to a third party while you are fulfilling an accepted Service Order, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that Go2 Workers may have, and that Go2 Workers is not making any commitment to defend and/or indemnify you in such circumstances.
In order to maintain an active Account and be offered Service Orders by Go2 Workers, you must upload insurance documents to Go2 Workers and obtain Go2 Workers approval of any insurance you maintain.
Documents
You must fill out and/or submit any other required documents as requested by Go2 Workers in order to maintain an active Account.
6. Payment
Prices and Charges
Customer use of the Services may result in charges to the customer for the services the customer receives from Go2 Workers and/or from Third-Party Providers (the "Charges"). Prices displayed to customers when creating an order through the Services may be inclusive of prices charged by the Third-Party Provider and fees paid to Go2 Workers. Go2 Workers will enable the customer's payment of the applicable Charges for services obtained through the customer's use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, government-mandated fees, and/or other fees or surcharges.
Charges incurred by customers will be owed directly to the Third-Party Providers, and Go2 Workers will collect payment of those charges from customers on the Third-Party Provider's behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by the customer to the Third-Party Provider. Payment from the customer shall occur at either the time the customer submits an order through Go2 Workers or when you, as the Third-Party Provider, accept the order from Go2 Workers. The Third-Party Provider will receive the payment from Go2 Workers within 15 business days of completing the Service Order. Go2 Workers will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third-Party Provider, for the services provided in connection with the use of the Services.
Go2 Workers does not charge a fee for you to access the Go2 Workers App.
All payments from Go2 workers shall be made via electronic transfer in USD to the Third-Party Provider's designated bank account. As a Third-Party Provider, you must add your bank account details to your Account in order to become active and accept Service Orders. It is your responsibility to provide Go2 Workers with accurate and up-to-date bank account details. Go2 Workers will not be held liable for delays or misdirected payments resulting from inaccurate or outdated payment information. You authorize Go2 Workers and Go2 Workers' payment service providers to collect and store your bank account information. Any discrepancies or disputes regarding payments must be communicated to Go2 Workers within 15 business days of receipt of payment. Both parties agree to resolve such disputes promptly and in good faith.
As a Third-Party Provider, you acknowledge and agree that you are solely responsible for reporting and paying all taxes, including income taxes, self-employment taxes, and any other obligations arising from the compensation received under this Agreement. Go2 Workers will not withhold any taxes from payments made to Third-Party Providers.
Go2 Workers reserves the right to establish or adjust Charges for any and all services obtained through the use of the Services at any time. Go2 Workers will use reasonable efforts to inform you of any adjustment made to Charges that may apply to you.
Cancellation Fees
Customers will be allowed to cancel their Order (subject to a cancellation fee) at any time prior to the Third-Party Provider initiating performance on the Order. If the order is cancelled prior to the Third-Party Provider commencing work, there will be a twenty percent (20%) cancellation fee. This twenty percent fee is calculated based upon the total amount of the Order that is being cancelled and will apply separately to every Order that is cancelled. If the Order is cancelled after the Third-Party Provider has commenced work, the total amount of the Order will still be charged.
The cancellation fees are designed to cover Go2 Workers' administrative costs and the potential loss of business resulting from short-notice changes. No portion of these fees will be payable to Third-Party Providers.
Third-Party Providers will be allowed to cancel their acceptance of a Service Order; however, such cancellation will be factored into the algorithm used to determine future Service Order offers by Go2 Workers to the Third-Party Provider.
Refunds
Charges paid by the customer are final and non-refundable, unless otherwise determined by Go2 Workers and the Third-Party Provider assessing the Charge.
Promotional Offers
Go2 Workers may implement promotional offers for certain customers, which may impact the compensation earned by the Third-Party Provider. Any such promotion that directly affects the Third-Party Provider's payment will be communicated at the time the Service Order is offered to the Third-Party Provider. Promotional offers and discounts are at the sole discretion of Go2 Workers and are subject to change or withdrawal at any time and without notice.
Gratuity
Go2 Workers does not designate any portion of the customer's payment as a tip or gratuity to a Third-Party Provider. However, customers may, at their sole discretion, provide gratuities by using the "tip" feature on the Go2 Workers app. Go2 Workers will not claim or retain any portion of the gratuity or tip that a customer leaves for the Third-Party Provider. The tip will be paid to the Third-Party Provider within 15 business days of completing the Service Order.
7. Disclaimers; Limitation of Liability; and Indemnity
Disclaimer
The Services are provided "as is." Go2 Workers disclaims all representations, conditions, guarantees, and warranties, whether express, implied, or statutory, not expressly set out in these Terms, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Go2 Workers makes no representation, warranty, or guarantee regarding the reliability, accuracy, timeliness, quality, suitability, or availability of the Services, the content made available through the Services, or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free.
Go2 Workers does not control, endorse, or take responsibility for any user content or Third-Party content available on or linked to by the Services. Go2 Workers cannot and does not represent or warrant that the Services are free of computer viruses or other harmful malware or components.
Go2 Workers does not guarantee the quality, suitability, safety, or ability of Third-Party Providers. Go2 Workers does not guarantee the suitability, safety, or accuracy of the customer's Service Order request or worksite(s).
Go2 Workers does not control, manage, or direct any Third-Party Providers. Third-Party Providers are not ostensible agents, apparent agents, actual agents, or employees of Go2 Workers. If a dispute arises between you, a Third-Party Provider, and/or any customer or other third party, you release Go2 Workers from losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Go2 Workers' use of algorithms in an attempt to provide services or improve the experience of users and the security and safety of the Services does not constitute a guarantee or warranty of any kind, expressed or implied.
Limitation of Liability
To the fullest extent permitted by applicable law, Go2 Workers and its affiliates, officers, directors, employees, and agents shall not be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, loss of goodwill, or other intangible losses, service interruption, computer damage or system failure or the cost of substitute products or services, property damage, or for any damages for personal or bodily injury or emotional distress related to, in connection with, or otherwise arising from (i) your access to or your use of, or inability to access or use, the Services; (ii) any acts, omissions, or negligence occurring from your fulfilment of an accepted Service Order; (iii) any disputes, dissatisfaction, injuries, property damage, or other harm arising from your interactions with customers; (iv) unauthorised access, use, or alteration of your data, regardless of the negligence of Go2 Workers, even if Go2 Workers has been advised of the possibility of such damages.
Go2 Workers is not liable for any damages, liability, or losses related to, in connection with, or otherwise arising from: (i) these Terms; (ii) your use of or reliance on the Services or your inability to access or use the Services; (iii) any communications, interactions, transactions, meetings, or relationships between you and any customer, even if Go2 Workers has been advised of the possibility of such damages. Go2 Workers is not liable for delay or failure in performance resulting from causes beyond Go2 Workers' reasonable control.
You acknowledge that you, as a Third-Party Provider, are not ostensible agents, apparent agents, actual agents, or employees of Go2 Workers. Accordingly, Go2 Workers is not responsible or liable for (1) the quality, safety, or legality of goods or services provided by you; (2) any damage, loss, or injury caused by you; (3) any disputes between you and any customer. You acknowledge and agree that you are solely responsible for your interactions with customers, including the delivery of services, and any outcomes resulting from such interactions.
To the fullest extent permitted under applicable law, the total liability of Go2 Workers for all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, is strictly limited to the payment of compensation for services already performed by the Third-Party Provider and approved by Go2 Workers.
Some jurisdictions, including Florida, may not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the limitations in this section will apply to the fullest extent permitted by law, and nothing in this section shall be construed to limit or exclude any liability that cannot be excluded under applicable law.
Indemnification
You agree to indemnify and hold Go2 Workers and its affiliates, officers, directors, employees, and agents harmless from any and all actions, claims, damages, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in any way connected with your use of the Services, your violation of these Terms, Go2 Workers' use of your User Content, your performance of the services provided to customers, or your violation of the rights of any third party.
8. Additional Terms
Choice of Law
This Agreement, including any disputes arising out of or relating to these Terms or your use of the Services, is governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration as outlined above in Section 3.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury or death that allegedly occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the State of Florida.
In the event any dispute, claim, or controversy is not subject to arbitration as outlined in Section 3, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Orange County, Florida. You waive any objection to jurisdiction or venue.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be struck and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
Notice
Go2 Workers may give notice by a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been duly given three Business Days after being mailed (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). You are responsible for providing Go2 Workers with your most current email address, telephone number, and/or mailing address.
You may give notice to Go2 Workers by electronic mail via our email address found below. Such notice shall be deemed to have been duly given at the time of sending.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. If you use your device to access the Services, your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating any necessary compatible hardware or devices needed to access and use the Services. Go2 Workers does not guarantee that the Services will function on any particular hardware or device.
Intellectual Property Ownership
Go2 Workers shall own all right, title, and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Go2 Workers, except for the limited license granted herein. Go2 Workers' names and logos associated with the Services are trademarks of Go2 Workers or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Subject to your compliance with this Agreement, Go2 Workers grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Go2 Workers App solely in connection with your use of the Services on your personal device. Any rights not expressly granted herein are reserved by Go2 Workers and Go2 Workers' licensors.
Copyright Infringement
If you believe that Content on the Services infringes copyrights, please notify Go2 Workers using the contact information below.
Transfer and Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Go2 Workers without restriction. Any attempted transfer or assignment in violation of this Section shall be void. This Agreement binds and inures to the benefit of each party and the party's successors and permitted assigns.
No Joint Venture or Partnership
No joint venture, partnership, employment, or agency relationship exists between you, Go2 Workers, any customer, or any other Third-Party Provider as a result of this Agreement or use of the Services.
Waiver
Go2 Workers' failure to enforce any right or provision granted to it by this Agreement shall not constitute a waiver of such right or provision.
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 discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Go2 Workers relating to your work as an employee or independent contractor, including, without limitation, the Independent Contractor Agreement governing your efforts as a Third-Party Provider.
Contact Information
If you have any questions regarding these Terms, please contact us at:
- Email: info@go2workers.com
- Telephone: (407) 837-6396 · (407) 837-6311 · (407) 837-6699
- Address: 5401 S Kirkman Rd, Ste 135, Orlando, FL 32819, US
Booking as a customer? See our Customer Terms of Use and Privacy Policy for Customers. Your Independent Contractor Agreement and Privacy Policy for Independent Contractors are also available.