Last Updated on 6 February 2019.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING THE APP, USING THE WEBSITE OR ACCESSING ANY GIGABLE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE. YOU MAY NOT ACCESS AND/OR USE THE GIGABLE PLATFORM OR ACCEPT THESE TERMS OF SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE.

These terms contain important information about your legal rights, remedies and obligations. By accessing the Gigable Platform, you agree to comply with and be bound by these Terms of Service.

Gigable is a platform to connect independent parties in the world of work and, as we explain in further detail in these terms, is not a staffing agency, human resources service or recruiter. Please see in particular important terms set out in Clause 5 (Gig Owners, Gig Helpers and the Gigable Platform/Services), Clause 12 (Administration Fees, Cancellation Fees and Payment Processing), Clause 13 (Status of Gig Owners and Gig Helpers) and Clause 18 (Liability).

These terms also tell you who we are, how we will provide our services to you, how a contract comes into existence between us, sets out the parameters of our facilitating our services and other important information. If you think that there is a mistake in these terms, please contact us to discuss at support@gigable.com.

  1. Introduction
    1. We are Gigable Limited (“Gigable”, “our”, “us” and “we”) of Dogpatch Labs, Unit 1, the CHQ Building, North Wall Quay, Dublin 1, Ireland D01 Y6H7. We are a registered company in Ireland with company registration number 631191.
    2. These Terms of Service (“Terms”) constitute a legally binding agreement between you (as a “User”) and Gigable governing access to the Gigable app (the “App”), the Gigable website located at https://gigable.com (the “Website”) and all associated text, graphics, images, audio, video, information and other materials available through the Website or App (collectively referred to as the “Gigable Platform”). These Terms are entered into by and between you and Gigable and govern the services provided to you via the Gigable Platform (the “Services”).
    3. These Terms should be read in conjunction with our Privacy Statement, Terms of Use and our Cookies Policy. In the event of any discrepancy between the Privacy Statement, Terms of Use or Cookies Policy and these Terms, these Terms shall take precedence as to the subject matter in question.
    4. Gigable provides the Gigable Platform for Users who wish to use the Services in relation to advertising for vacancies for potential short-term projects (“Gigs”). The Gigable Platform allows for any User to use the Gigable Platform to negotiate, engage on, agree to or secure a Gig for the User to complete themselves (and thereby become a “Gig Helper”) or for any User to advertise, negotiate, post, determine and contract for a Gig (and thereby become a “Gig Owner”). For clarification Gig Helpers are under no obligation to accept any Gig and any acceptances or agreements to perform Gigs shall entirely be at the discretion and option of Gig Helpers.
    5. You can contact us by sending an email to support@gigable.com. When we contact a User, we will only use the contact details that the User has provided to us.
  2. Contract Formation
    1. In order to enjoy the Services provided via the Gigable Platform, you must read and accept these Terms. By registering for an Account (for further details see Clause 7), you indicate your acceptance of these Terms. If you do not want to agree to these Terms, you should not access the Gigable Platform.
    2. If you are accessing and using the Gigable Platform or Services on someone else’s behalf, you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Gigable Platform resulting from such access or use. In such a scenario, the words “you” and “your” when used in these Terms will apply to the person on whose behalf you are acting as well as you as an individual as appropriate.
    3. If you are using the Gigable Platform or Services on behalf of a corporate entity or organisation, then you agree to these Terms on behalf of that corporate entity or organisation and its affiliates and you represent that you have the authority to do so. In such a scenario, the words “you” and “your” when used in these Terms will apply to your organisation and its affiliates as well as you as an individual as appropriate.
    4. We may modify these Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, via notifications in the App or updates posted to the Website, however we are not obliged to, and such modification shall be effective upon our posting of the revised Terms on the Website and/or App. You agree to be bound by any changes to these Terms when you use the Gigable Platform after any such modification is posted on the Website and/or App. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
    5. These Terms apply to the supply of the Gigable Platform and Services by us to you. They apply to the exclusion of other terms that you seek to impose or incorporate, which are implied by trade, custom, practice or course of dealing.
  3. Provision of the Services to Gig Owners
    1. The following sets out the key steps involved in a Gig Owner posting a Gig via the Gigable Platform:
      1. In order to post a Gig, a Gig Owner must complete their profile and provide the key details required via the Gigable App in the Gig Form section of the Gigable App dashboard (as further detailed in Clause 7).
      2. To post a Gig, a Gig Owner completes and provides the key details required for the Gig via the Gigable App in the Gig Form section of the Gigable App dashboard. All required details must be provided before a Gig can be posted and must comply with the Acceptable Use Restrictions set out in Clause 4 of the Terms of Use. In particular Gig Owners must specify the details of the compensation to be paid by Gig Owners to Gig Helpers on successful completion of the Gig (“Gig Compensation”).
      3. After all the key details have been provided, the Gig Owner can then publish the Gig to the Gig Listings portal. The Gig will then be made accessible to Gig Helpers via the Gig Listings portal and interested Gig Helpers will be able to submit a bid to accept the Gig via their dashboards while the Gig is available. Gig Owners may update details of their posted Gigs provided a Gig Helper has not already accepted the Gig. Only Gig Owners can message applicant Gig Helpers while the Gig is available for bids. After a Gig Owner has selected a Gig Helper, the Gig Helper will be able to message the Gig Owner about a Gig. Following negotiations with the Gig Helper, the Gig Owner has the ability to amend the Gig details before sending to the Helper for confirmation.
      4. Gig Owners are then free to accept, decline or ignore Gig Helpers making bids in relation to a Gig Owner’s Gig. The Gig Owner may determine how long the tendering process lasts for any particular Gig. Although, as per Clause 13, Gigable only facilitates the posting of Gigs by Gig Owners and the bidding and acceptance for Gigs by Gig Helpers, Gigable always recommends that Gig Owners specifically verify the following before accepting a bid:
        1. the location of a Gig;
        2. the date range for a Gig;
        3. the hours required for a Gig;
        4. the type of work involved with a Gig;
        5. any experience, training, qualifications that are necessary for a Gig;
        6. any expenses payable by a Gig Helper;
        7. the rating & reviews of a Gig Helper;
        8. the details of the Gig Compensation being offered for a Gig; and
        9. the Gig Helper’s availability for a Gig.
      5. Once a Gig Owner accepts a bid, the relevant Gig Helper will receive an in-app notification advising them that their bid has been successful and advising them to accept the confirmed gig details in the app.
      6. After a Gig has been completed, both the Gig Helper and Gig Owner will be asked to verify the conclusion of the Gig. Once a Gig has been verified as being complete, a Gig Owner will be prompted to complete the Gig process by paying the agreed Gig Compensation to the Gig Helper via the Gigable Platform secure payments platform and Gigable will charge a fee (further detailed in Clause 14). All payment of Gig Compensation must be effected as soon as possible after the Gig has been completed and in any event, within 72 hours after the applicable Gig completion time (with any delay subjecting Gig Owners to possible suspension from the Gigable platform as further detailed in Clause 12.4). All payment of Gig Compensation must be made via the App and any payment of Gig Compensation made outside of the App will constitute a breach of these Terms (as further detailed in Clause 12).
      7. If a Gig Owner wishes to cancel a Gig after the Gig has been confirmed but before 4 hours of the Gig’s agreed start time, the Gig Owner must use the “Cancel a Gig” option provided in the App. If a Gig Owner wishes to cancel a Gig after the Gig has been confirmed but within 4 hours of the Gig’s agreed start time, the Gig Owner must use the “Cancel a Gig” option provided in the App and will be subject to a Cancellation Fee (as further detailed in Clause 12.4).
  4. Provision of the Services to Gig Helpers
    1. The following sets out the key steps involved in a Gig Helper making a bid on, and accepting, a Gig posted via the Gigable Platform by a Gig Owner:
      1. In order to accept a Gig, a Gig Helper must complete their profile and provide the key details required via the Gigable App in the Gig Helper Profile section of the Gigable App dashboard (as further detailed in Clause 7).
      2. The Gig Helper, having completed their profile, is then free to make bids on any Gigs posted via the Gigable App in the Gig Listings section of the Gigable App dashboard. Only Gig Owners can message applicant Gig Helpers while the Gig is available for bids. After a Gig Owner has selected a Gig Helper, the Gig Helper will be able to message the Gig Owner about a Gig.
      3. Although, as per Clause 13, Gigable only facilitates the posting of Gigs by Gig Owners and the bidding and acceptance for Gigs by Gig Helpers, Gigable always recommends that’s Gig Helpers verify the following before making a bid:
        1. the location of a Gig;
        2. the date range for a Gig;
        3. the hours required for a Gig;
        4. the type of work involved with a Gig;
        5. any experience, training, qualifications that are necessary for a Gig;
        6. any expenses payable by a Gig Helper;
        7. the ratings & reviews of a Gig Owner;
        8. the details of the Gig Compensation being offered for a Gig; and
        9. their availability for a Gig.
      4. After a Gig Helper has made a bid on a Gig, Gig Owners are then free to accept, decline or ignore. The Gig Owner may determine how long the tendering process lasts for any particular Gig and is not under any obligation to accept any Gig Helper’s bid.
      5. Once a Gig Owner accepts a Gig Helper’s bid, the Gig Helper will receive an in-app notification advising them that their bid has been successful and advising them to accept the confirmed gig details in the app contact, and advising them to contact the Gig Owner immediately to secure and finalise the Gig.
      6. After a Gig has been completed, both the Gig Helper and Gig Owner will be asked to verify the conclusion of the Gig. Once a Gig has been verified as being complete, a Gig Owner will be prompted to complete the Gig process by paying the agreed Gig Compensation to the Gig Helper via the Gigable Platform secure payments platform and Gigable will charge a fee. All payment of Gig Compensation must be done via the App and any payment of Gig Compensation done outside of the App will constitute a breach of these Terms (as further detailed in Clause 12).
      7. If a Gig Helper wishes to cancel a Gig after the Gig has been confirmed but before 4 hours of the Gig’s agreed start time, the Gig Helper must use the “Cancel a Gig” option provided in the App. If a Gig Helper wishes to cancel a Gig after the Gig has been confirmed but within 4 hours of the Gig’s agreed start time, the Gig Helper must use the “Cancel a Gig” option provided in the App and will be subject to an automatic zero-star rating. If a Gig Helper’s confirmed Gig is cancelled by a Gig Owner within 4 hours of the Gig’s agreed start time, the Gig Owner will be subject to a Cancellation Fee (as further detailed in Clause 12.4).
  5. Gig Owners, Gig Helpers and the Gigable Platform/Services
    You acknowledge that Gigable merely provides and makes available the Gigable Platform and Services to enable Gig Owners and Gig Helpers to find and transact directly with each other. Gigable is not responsible for introducing Gig Owners to Gig Helpers, finding or securing Gigs for Gig Helpers, or finding or securing Gig Helpers for Gig Owners. Through the Gigable Platform and Services, Gig Helpers may be notified of Gig Owners that may be seeking the services they offer, and Gig Owners may be notified of Gig Helpers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Gig, Gig Owner or Gig Helper on their own. If Users decide to enter into a contract, the contract is directly between the Users and Gigable is not a party to that contract.
  6. Your Use of the Gigable Platform
    1. Your use of the Gigable Platform and Services is governed by these Terms. We may at our absolute discretion refuse you access to the Gigable Platform and/or cancel your registration or terminate your Account without prior notice for any reason (including but not limited to, any non-adherence or breach of these Terms) and you shall not be entitled to any compensation in respect of any cancellation of your registration or termination of your Account.
    2. You agree to use the Gigable Platform and Services only for lawful purposes and in a manner which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Gigable Platform or Services.
    3. You must be 18 years of age or over to use the Gigable Platform or Services.
    4. Use of the Gigable Platform requires a connection to the internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
    5. You agree to act in a responsible and legal manner when using the Gigable Platform or availing of the Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Gigable Platform or Services for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Gigable Platform or Services or in a manner which is likely to cause harm, offense or nuisance to any other User.
    6. Gigable only provides the Gigable Platform to you in accordance with these Terms and we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Gigable Platform in connection with the Services (the “Licence”).
    7. You shall not access, store, distribute or transmit a piece of code which is capable of copying itself and typically has a detrimental effect, such as corrupting the system or destroying data (“viruses”), or any material during the course of your use of the Gigable Platform or Services that:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
        facilitates illegal activity;
      2. depicts sexually explicit images;
      3. promotes unlawful violence;
      4. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      5. in a manner that is otherwise illegal or causes damage or injury to any person or property.
    8. We reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of Clause 6.7.
    9. All Users have the ability in the App to bring to the attention of Gigable any Gigs submitted by other Users on the Gigable Platform that they suspect to breach the provisions of these Terms (the “Flag Function”). When using the Flag Function Users must explain why they feel the Gig in question breaches these Terms. All Gigs identified using the Flag Function will be reviewed by Gigable for final determination before being deleted from the Gigable Platform (in accordance with Clause 6.1) and any associated Gig Owners may have their access to the Gigable platform disabled (in accordance with Clause 6.8). Users may also report any material for suspected breach of these Terms by email to abuse@gigable.com.
    10. All Users have the ability to disable the receipt of messages via the App’s chat function from any another User (the “Block Function”) on the Gigable Platform. Users may utilise the Block Function according to their own discretion but use of the Block Function will have no effect as to any Gig Compensation being due.
    11. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates these Terms, including, without limitation, reporting you to appropriate law enforcement authorities.
    12. We reserve the right to remove or suspend any material posted on the Gigable Platform which is, in our sole opinion, in breach of these Terms, or which we suspect to be in breach of these Terms at our absolute discretion. We shall be entitled to terminate your Account or use for breach of these Terms.
    13. Save as expressly set out in these Terms or as otherwise permitted by law, you may not make any communication, display or performance to the public of the Gigable Platform or otherwise disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the Gigable Platform in any way.
    14. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Gigable Platform and, in the event of any such unauthorised access or use, promptly notify Gigable.
    15. The Gigable Platform and the Services are provided “as is” and Gigable hereby disclaims all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Content and the Services. We do not warrant or undertake that the Gigable Platform, Services or any other materials provided pursuant to these Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bugs or errors or completely secure. The entire risk as to the Gigable Platform, Services or any other materials provided by Gigable is with you, including for quality and performance and for accuracy or quality of any information transmitted, received or otherwise delivered via the Services.
    16. All information provided to you through the Gigable Platform is provided only as of the date published and may be superseded by subsequent events or for other reasons.
    17. Information provided through the Gigable Platform is subject to change. We may amend, update, suspend or delete any information in the Gigable Platform without notice at any time and at our sole discretion.
  7. Gigable Account
    1. In order to use the Services, you must register a Gigable User account with us (an “Account”). You agree to provide true and accurate information and to notify us in the event of any unauthorised access to your Account or any changes to your Account information. It is a breach of these Terms to provide inaccurate or false information and if you fail to comply with this Clause 7.1, we may, at our sole discretion, take whatever action we deem appropriate, including, but not limited to, suspension of your Account.
    2. Limited access to certain features may be available to non-registered users but such access is still subject to these Terms.
    3. By accepting these Terms and registering an Account you agree to receive communications, including emails, text messages, push notifications, mail and telephone calls, that are related to the Gigable Platform or the Services.
  8. Usernames and Passwords
    When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorised to use your Account. You authorise Gigable to assume that any person using the Gigable Platform and/or any Gigable Service with your username and password, either is you or is authorised to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Gigable Platform or any Gigable Service if (a) you are not authorised to use either or (b) the use would violate these Terms.
  9. Ratings and Review
    1. Within a certain timeframe after completing a Gig, Gig Helpers and Gig Owners may leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Gigable. Ratings and Reviews are not verified by Gigable for accuracy and Gigable is not responsible for any Reviews or Ratings that may be incorrect or misleading.
    2. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
    3. Ratings and Reviews are part of a User’s profile and may also appear elsewhere throughout the Gigable Platform or Gigable Service, together with other relevant information such as number of Gig bookings, number of Gig cancellations, average response time and other information.
    4. Ratings and Reviews are published instantly, without moderation. Gigable consider reviews as user-generated content, which means that the user who wrote the review owns it, is solely responsible for it and is the only party who can edit or delete it.
    5. If a review is reported by a User because it violates Gigable terms, Gigable will not edit or modify the review. Instead, if the review can be brought in line with our Terms, the reviewer will be informed that their review has been reported and the reason(s) and will be given the opportunity to edit their review.
    6. If a Gig Helper cancels a confirmed Gig within 4 hours of the Gig’s agreed start time, the Gig Helper will be subject to an automatic zero-star rating. This rating may be appealed at the discretion of Gigable.
  10. Disputes Among Users
    For disputes arising between Gig Owners and Gig Helpers, you agree to abide by the support process that is explained on the Gigable support page. If the support process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Gigable will not and is not obligated to provide any dispute assistance beyond what is outlined on the Gigable support page.
  11. Confidential Information
    1. Pursuant to these Terms each party may be given information which is expressly marked as confidential or which is manifestly of a confidential nature (“Confidential Information”). A party’s Confidential Information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party’s lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
      4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
      6. each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of these Terms.
    2. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of these Terms.
    3. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
    4. For the purposes of clarity, Gig Owners have the sole responsibility to ensure their compliance with the General Data Protection Regulation (EU) 2016/679, the Data Protection Acts 1988 to 2018 (and any legislation that updates, amends or replaces the Data Protection Acts 1988 to 2018), the ePrivacy Directive 2002/58/EC and all applicable laws and regulations relating to the processing of personal data, including, where applicable, the guidance and codes of practice issued by the Data Protection Commission, the European Data Protection Board and, to the extent required, other supervisory authorities. Users can read more about Gigable’s data protection practices and data processing activities in our Privacy Statement.
  12. Administration Fees, Cancellation Fees and Payment Processing
    1. Gigable will charge fees to Gig Owners (“Gig Owner Fees”) and/or Gig Helpers (“Gig Helper Fees”) (collectively, “Service Fees”) in consideration for the use of the Gigable Platform and Services. Gig Owner Fees and Gig Helper Fees will be determined prior to transfer of the final total payment for a Gig from Owner to Helper. Both Gig Owners and Gig Helpers will be informed via push notifications in the Gigable Platform.
    2. All Service Fees are charged at the point of payment of the total confirmed value of the gig from Owner to Helper. You agree that you must make payment of the Service Fee as prescribed in these Terms. It is necessary for registration with the Gigable Platform to include the information and details necessary to facilitate payment from one user to another (such as credit or debit cards details). Once a Gig has been completed, Service Fees will be charged automatically to Users.
    3. If a Gig Owner wishes to cancel a confirmed Gig before 4 hours of the Gig’s agreed start time, the Gig Owner must do so via the App. If a Gig Owner wishes to cancel a confirmed Gig within 4 hours of the Gig’s agreed start time, the Gig Owner must do so via the App and will be subject to a fee comprising of €10 payable to the Gig Helper (the “Gig Cancellation Fee”). The payment of the Cancellation fee by the Gig Owner will be subject to a 10% transaction fee (ex VAT) while the receipt by the Gig Helper of any Gig Cancellation Fee will be subject to a 5% transaction fee (ex VAT).
    4. If for any reason any payment, Gig Cancellation Fee or Service Fee is not discharged within 72 hours of such a fee falling due (as further detailed in clause 3.1.6), the applicable User may be removed from the Gigable Platform with any associated Account being disabled pending payment of outstanding sum. We reserve the right to take further legal action as appropriate.
    5. Users acknowledge that all payment of Gig Compensation for Gigs must be made exclusively through the App. Any payment from Gig Owners to Gig Helpers made outside of the App shall constitute a breach of these Terms.
    6. If a User is removed from the Gigable Platform or any Account disabled on more than one occasion for late payment of Service Fees or if Gigable reasonably suspects that any payment from Gig Owners to Gig Helpers has taken place in contravention of Clause 12.5, the associated Account may be permanently disabled at Gigable’s sole discretion.
    7. In order to make and receive payment you must register for a Stripe account and all payment information will be processed through Stripe and Stripe will be the data controller for all such payment information.
    8. Payment processing services for Gigable on the Gigable Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Gig Owner or Gig Helper on the Gigable Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Gigable Platform enabling payment processing services through Stripe, you agree to provide the Gigable Platform accurate and complete information about you and your business, and you authorise Gigable to share it and transaction information related to your use of the payment processing services provided by Stripe.
  13. Status of Gig Owners and Gig Helpers
    1. Nothing in these Terms is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Gigable and a User.
    2. Gigable does not employ Gig Helpers. Gigable is not a party to the direct engagement by a Gig Owner of a Gig Helper. The relationship between a Gig Helper and a Gig Owner is that of independent contractor. The Gig Helper is not and will not be considered as an employee of Gigable and/or a Gig Owner for any purpose and Gigable accepts no liability in this regard.
    3. Any assurances, promises or guarantees made by a Gig Owner to a Gig Helper in the context of any assertion that the Gig Helper might be considered an employee of the Gig Owner, is a matter for those parties. Gigable shall accept no liability for any such assurances, promises or guarantees given.
  14. Eligibility of Gig Helpers
    1. Each Gig Helper is responsible for complying with all applicable laws relating to his/her eligibility to reside and work in the Republic of Ireland. Gigable accepts no liability for ensuring nor validating that any such eligibility and/or related permissions have been granted and remain valid.
    2. Each Gig Helper is responsible for complying with all applicable laws relating to his/her eligibility to reside and work in the Republic of Ireland. Gigable accepts no liability for ensuring nor validating that any such eligibility and/or related permissions have been granted and remain valid. Each Gig Owner understands that Gigable does not assess, consider, nor confirm an individual Gig Helper’s immigration/employment permit status and shall accept no liability which might arise in this context.
    3. Each Gig Helper is responsible for complying with any applicable laws including applicable tax obligations relating to Gigs.
    4. Gig Owners acknowledge that Gigable is not a staffing agency, human resources service or recruiter and, accordingly, Gig Owners must not use the Gigable Platform to facilitate the appointment of permanent employees. If Gigable reasonably suspects that a Gig Owner is appointing or otherwise hiring a Gig Helper following the six-month period of a Gig Helper’s completion of a Gig, this will be considered a breach of these Terms and Gigable will have the option to terminate the Gig Owner’s Account.
  15. Working time, Health, Safety and Training
    1. Each Gig Helper understands that he/she is responsible for the level of time which he/she elects to spend performing Gigs each week. Gigable shall accept no liability for monitoring this level of time. Each Gig Helper is likewise responsible for ensuring that he/she complies with any legislative requirements which might arise in the context of possessing any appropriate certifications, licences and/or registrations which relate to his/her eligibility to carry out the work attaching to Gig posted. Gigable accepts no liability in this regard.
    2. Each Gig Helper is responsible for the level of time which he/she elects to spend performing Gigs each week. Gigable shall accept no liability for monitoring this level of time. Gigable accepts no liability for ensuring that a Gig Helper complies with any legislative requirements which might arise in the context of possessing any appropriate certificates, licences and/or registrations which relate to his/her eligibility to carry out the work attaching to Gig posted by a Gig owner. Gigable accepts no liability in this regard. It is the sole responsibility of the Gig Owner to ensure the health, safety and security of a Gig Helper performing a Gig including the provision of relevant training as may be necessary.
    3. Gigable recommends that both Gig Owners and Gig Helpers obtain appropriate insurance for their Gigs. Gigable further recommends that Gig Owners review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Gig Helpers while performing a Gig on Gig Owner premises or at Gig Owner direction.
  16. Gig Owner Responsibilities
    1. Each Gig Owner is responsible for complying with any applicable laws including applicable tax obligations relating to Gigs.
    2. Gigable does not perform background check nor vetting in respect of Gig Helpers, and it is thus at the discretion of Gig Owners to do so (who will bear sole responsibility for any such background checks). Gigable accepts no liability in this regard.
  17. Use of Gigable Platform and Services
    1. If you avail of the Services or create an Account, you shall:
      1. provide us with all necessary co-operation in relation to these Terms;
      2. provide us with all necessary access to such information as we may require in order to provide the Services, including but not limited to Content, security access information and configuration services;
      3. comply with all applicable laws and regulations with respect to your activities under these Terms;
      4. carry out all of your responsibilities as set out in these Terms in a timely and efficient manner. In the event of any delays in your provision of such assistance, we may adjust any agreed timetable or delivery schedule as reasonably necessary;
      5. ensure that your network and systems comply with the relevant specifications provided by Gigable from time to time; and
      6. be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
  18. Liability
    1. We shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
      1. any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings);
      2. any loss of goodwill or reputation; or
      3. any special or indirect or consequential losses;in any case, whether or not such losses were within contemplation at the date you accepted our Terms or were suffered or incurred by you arising out of or in connection with any matter arising under these Terms.
    2. Subject to Clause 18.1, our maximum aggregate liability under or in connection with these Terms (including your use of the Gigable Platform or the Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred and fifty euro (€550).
    3. Gig Owners and Gig Helpers assume sole responsibility for results obtained from the use of the Services and/or the Content, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services or any actions taken by us at your direction.
    4. If our performance under these Terms is prevented or delayed by any breach of these Terms or by your negligent act or omission, we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
    5. You shall be liable to pay to us all reasonable costs, charges or losses sustained or incurred by us that arise directly or indirectly from your fraud, gross negligence, failure to perform or delay in the performance of any of your, subject to our confirming such costs, charges and losses to you in writing.
    6. For the avoidance of doubt, you acknowledge that we have no control over and are in no way responsible or liable for any Gig organised and/or promoted through the Gigable Platform and/or Services. We do not guarantee the quality, safety, accuracy or legality of any Gig organised and/or promoted through the Gigable Platform and/or Services.
  19. Intellectual Property
    1. For the purposes of these Terms and a User’s use of the Gigable Platform or Services, intellectual property rights (“IP Rights”) means copyright and related rights, design rights, database rights, trade names or get-ups, unregistered trade marks, registered trade marks, domain names, rights in designs, any patents, any other rights in inventions, discoveries and improvements, rights to use and protect the confidentiality of confidential information and any other industrial or intellectual property right subsisting in any country in the world (including, without limitation, applications for registration and the right to apply for any of the same in any country in the world) in each case for the full period thereof and all extensions and renewals thereof.
    2. All IP Rights in the Gigable Platform and Services, are and shall remain the sole property of Gigable Ltd. Other than the Licence, nothing in these Terms shall be construed as granting to you any rights in any IP Rights comprised in the Gigable Platform or the Services.
  20. Indemnity
    You agree to release, defend (at Gigable’s option), indemnify, and hold Gigable and its affiliates and subsidiaries, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards therein, (ii) your improper use of the Gigable Platform or any Services, (iii) your interaction with any User or participation in an Gig, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use or (iv) your breach of any laws, regulations or third party rights. The indemnity provided in this Clause 20 is in addition to the indemnity provided for in Clause 8 of the Terms of Use.
  21. No Waiver
    Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  22. Assignment and Sub-Licensing
    1. You may not assign, novate, sub-contract or otherwise transfer part or all of these Terms or any rights or obligations under these Terms without our prior written consent.
    2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
  23. Publicity and Announcements
    You shall not make or cause to be made at any time any statement (whether of fact, belief or opinion) which directly or indirectly disparages, is critical or derogatory to or damages the reputation of Gigable, whether such statement is in relation to the Services or otherwise.
  24. Governing Law
    These Terms shall be governed by and construed in accordance with Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts.
  25. Entire Agreement
    These Terms and any notifications posted or made available on the Gigable Platform from time to time constitute the entire agreement between you and Gigable regarding the use of the Gigable Platform and Services.
  26. Interpretation
    1. Section headings and captions in these Terms are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms.
    2. References to a statute or statutory provision includes any consolidation, re-enactment, modification or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment or replacement of and any subordinate legislation in force under any of the same from time to time.
    3. References to a document include a reference to that document as amended.
    4. Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons.
    5. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
    6. A reference to a regulator or to a regulatory board shall include any replacement or successor bodies from time to time.
  27. Events Outside Our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications or payment networks (“Event Outside Our Control”).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
      1. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
  28. Other Important Terms
    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

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