1. Introduction
1.1. Welcome to WDG.
This page sets out the terms and conditions (the “terms”) that you agree to as a Worker and a User of our website or application, https://appwdg.com/ (referred to in the terms as the “website” “app” or “site”), whether as registered user or guest. These terms apply to all Workers. If you are a Contractor, you should see the terms and conditions for Contractors.
1.2. Please read these terms carefully before using our site. By using the site, you accept and agree to all of the terms.
1.3. If you don’t agree to these terms, please don’t use the site.
1.4. The website and/or app may only be used by individuals of at least 18 years of age. Any registration by, use of or access to the website and/or app by anyone under the age of 18 is unauthorised and is in breach of these terms. By using the website and/or app, you represent and warrant that you are at least 18 years old.
2. Who we are
2.1. https://appwdg.com/ is operated by WDG Construction Limited, a UK Limited company registered in England under company number 09992430 (referred to in these terms as “WDG”, “we” “our” or “us”).
2.2. Some important details about us: Our registered office is at: Kemp House, City Road, London, United Kingdom, EC1V 2NX.
3. Definitions
3.1. “Acceptance Period” means a period of 3 hours from the time that an email is sent to a Worker from a Contractor offering work to the Worker.
3.2. “Conduct Regulations” means the Conduct of Employment Agencies and Employment Contractor Regulations 2003
3.3. “Contractor” means a User interested in connecting with and potentially engaging or employing Workers.
3.4. “Fees” means the amount payable to the Worker.
3.5. “Introduced” means when either:
a) a Contractor is provided with information by us (whether through the site or otherwise) that identifies a Worker; or
b) a Worker is provided with information by us (whether through the site or otherwise) that identifies a Contractor or the type of work that they have available.
Introduction and Introduce shall be construed accordingly.
3.6. “Personal Data” means any personal information entered by a User onto the website and/or app and has the same meaning ascribed under the GDPR.
3.7. “Worker” means a User seeking work with a Contractor.
3.8. “Worker Reliability Score” means a score or rating for a Worker provided by Contractors for a Worker that works for them and displayed on the Worker’s profile, which allows the Worker to charge more for their services.
3.9. “UK Data Protection laws” means all laws relating to the processing of Personal Data, privacy, and security, including without limitation the EU Data Protection Directive 95/46/EC (as will be superseded by the EU General Data Protection Regulation 2016/679 (“GDPR”), the EU Privacy and Electronic Communications Directive 2002/58/EC, as implemented in each jurisdiction, and all amendments, or all other applicable or replacement international, regional, federal or national data protection laws, regulations and regulatory guidance.
3.10. “Umbrella” means Orange Genie Cover Ltd
3.11. “User” “you” or “your” is a user of the website and/or app.
4. Our Services
4.1. WDG enables Contractors to find and engage Workers by viewing a worker’s profile and skill set, and it enables Workers to register for work and be scored for their work ethic and performance through the Work Reliability Score.
4.2. We provide a platform that enables Contractors to be able to choose workers best suited to the jobs they have. Contractors can review a Worker’s profile and decide whether to offer work to the Worker. Workers can be hired by Contractors without going through an agency and to be rewarded for their hard work.
4.3. Communication between the Contractor and Worker does not create a contract between the Contractor and Worker, or imply any acceptance by the Contractor or the Worker to proceed with the work until the Worker receives a job offer from the Contractor and the
Worker responds to the job offer to say that the Worker accepts the job offer within the Acceptance Period.
4.4. Workers must register and create an account, along with a profile on the website and/or app, and can upload their CV, identification and other information.
4.5. We do not guarantee the accuracy, completeness or truthfulness of material or information on our site, or that the site will meet a User’s requirements. Profiles and other information on the site are provided by Users. We do not review the information provided by Users, and we are not responsible for any employment or work decisions that you make. It is your responsibility to satisfy yourself as to the suitability of any work for you including your ability to meet the work requirements, and to verify the identity of a Contractor. We do not provide advice on Contractors. We are not involved in, and do not control, the actual transaction between Contractors and Workers. We provide a venue for Contractors to access and connect to a pool of Workers, and for Workers to put themselves forward for work. We do not screen or censor profiles or other information on the website and/or app. However, we reserve the right to verify any information or representations that you make to us, which may include such background checks as we shall in our absolute discretion decide.
4.6. As a Worker, if you agree to accept a job with a Contractor, you agree that you have read and understood the requirements of the job and that any profile or other information that you provide is a true and accurate reflection of your experience, training, skills and any other relevant information, and that your personal details are correct.
4.7. As a Worker, you will be assessed by the Contractor, who will make decisions relating to its requirements. If you have any questions regarding a job, you should ask the Contractor, once the Contractor has made direct contact with you.
4.8. Where a Contractor wants to make an offer to hire a Worker, the Contractor must confirm this in writing to us through the website and/or app and the Worker will receive an email setting out the job offer. If the Worker wants to accept the offer, the Worker must reply “yes” to the email within the Acceptance Period. If the Worker does not reply “yes” to the email within the Acceptance Period, the Worker will be taken to have refused the offer and the work may be offered to another Worker. If the Worker does not want to accept the offer, the Worker must reply “no” to the email. The Contractor and the Worker should confirm to WDG the Fee agreed between the Worker and the Contractor.
4.9. If a Contractor that a Worker has worked for gives them a review that the Worker does not agree with, the Worker should contact WDG within 24 hours of the review being posted on the site. WDG will investigate the reference and try to reach an agreement between the Worker and the Contractor. Where no agreement can be reached between the Worker and the Contractor, WDG’s decision in relation to the Worker’s rating shall be final. WDG is under no obligation to investigate any review where notification is received from the Worker more than 24 hours after the review is posted on the site.
4.10. The Worker shall at all times act with the highest standards of ethics in their dealings with us.
4.11. Where we Introduce a Worker to a Contractor neither the Worker nor the Contractor shall circumvent or attempt to circumvent these terms or any agreement with us for a period of 12 months from the later of the Introduction, the end of the User’s registration on the site or the last day that the Worker worked for the Contractor. For the purposes of these terms, circumvention shall include, but not be limited to, any direct or indirect action or inaction that may have the effect of excluding us from any fees or payments due to us.
4.12. Where we Introduce a Worker to a Contractor, the Worker and the Contractor shall not for a period of 12 months from the later of the Introduction, the end of the User’s registration on the site or the last day that the Worker worked for the Contractor, enter into any employment relationship with each other or otherwise enter into a contract for the provision of services directly or through any third party.
4.13. You may not use the website and/or app to avoid paying us any fees due or to interfere in any relationship between us and any third party. You may not use the website and/or app to directly or indirectly request or suggest to any other User that they withdraw, end, cancel or change to our detriment any relationship or contract that we have with such User. You must not use the website and/or app to solicit, employ or offer to employ any employees of WDG.
4.14. As a User, you must not make or publish any derogatory or disparaging statement about us or do anything in relation to us (or our past, current or future officers or employees) that is intended to or might be expected to damage or lower our reputation.
4.15. Nothing in the site is intended to create a partnership, joint venture, or agency or employment or worker relationship between us and a Worker, or us and a Contractor.
5. Your Account
5.1. In order to use the services on this site, you are required to create an account, which will contain personal details. You must complete all details requested in order to create your account and profile. We may request such identification documents or other information as we shall determine. If you do not provide such documents or information, we may suspend or stop your account.
5.2. If you think that your account details have been obtained by someone who should not have them, you should contact us immediately. We accept no liability or responsibility if you fail to tell us that your account details have been obtained by someone who should not have them.
5.3. You can use the site to create an online profile, your profile will be available to view by Contractors.
5.4. If you submit any information that is false or deliberately misleading, we may suspend your use of this site, or stop it completely.
5.5. You must not create a profile, or apply for a job on behalf of another person, or assign or transfer your account to any third party.
6. Engagement and payment of Workers
6.1. A Worker who accepts any job offer from a Contractor agrees that they will be engaged by the Umbrella.
6.2. On acceptance of a job offer, the Worker agrees that the Umbrella shall enter into an agreement with the Contractor directly on their behalf.
6.3. The Umbrella will be responsible for engaging the Worker, paying the Worker and complying with the Conduct Regulations, UK Data Protection laws and/or any of the Worker’s tax obligations.
6.4. If the Worker is working for the Contractor and either the Worker wants to stop working for the Contractor or the Contractor no longer wants the Worker to work for it for any reason, the Contractor or the Worker or the Umbrella (as appropriate) shall give the notice period agreed between them.
7. Fees
7.1. Each Worker is free to negotiate their own Fees with a Contractor. The Fees payable to the Worker in respect of any work must be disclosed to us in writing and agreed between the Worker and the Contractor before the Worker starts working for the Contractor.
7.2. Each Worker who works for a Contractor will be paid weekly in arrears for that work. The Contractor must provide WDG with the Worker’s hours for each week before 12pm on the Tuesday following the week for which the hours relate.
8. Use of the website/app
8.1. The features of this site are for use only by Workers, the Umbrella and by Contractors.
8.2. You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
8.3. We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone. We exclude cost for actions we take to deal with your breach of these
terms.
8.4. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
8.5. If you use the website and/or app on behalf of a company or other organisation, you represent and warrant that you are authorised to bind such company or organisation to the terms and to act on behalf of such company or organisation with respect to any actions you take in connection with the website and/or app. You agree to respond promptly and completely to requests from us for additional information that we deem necessary to determine your authority to act on behalf of the company or organisation. We may suspend or terminate your access to the website and/or app and your account or the User’s account if we have reason to believe that you are not authorised to act on behalf of the company or organisation for whom you claim to be acting in connection with the website and/or app.
8.6. If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
8.7. You must not use the site to do any of the following:
• Break any laws or regulations
• Do anything fraudulent, or which has a fraudulent effect
• Harm or attempt to harm minors
• Do anything with material that does not meet our content standards (these are listed below)
• Do anything with unsolicited advertising material (known as spam)
• Transmit any data or material that is harmful to other programs, software, or hardware (for example, viruses, Trojan horses, worms, etc.)
• Copy in any way or re-sell any part of our site (unless we allow it under our website and/or app terms)
• Interfere with or damage any part of our site, equipment, network, software or storage arrangements.
8.8. You must only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
8.9. We follow our privacy policy in handling information about you. Our use of personal information (including but not limited to your skills, experience, flexible working arrangements, employment history and other information regarding your experience, skills and qualifications) supplied by Users of this site is governed by our privacy policy. You can read our policy at appwdg.com. By using the site, you agree to us handling this information and confirm that data that you provide is accurate.
9. Content standards
9.1. Our content standards apply to all material that we publish on the website and/or app from our contributors or that you contribute to our site, including, but not limited to, any profile, personal information and listings, and to all interactive services. You must follow our content standards carefully, but please also follow the spirit of them. Any contributions to our site or forms that you complete on the site must be:
• Accurate and honest (if they are factual);
• Genuine (if they state opinions);
• Within the law.
9.2. Your contributions must not be:
• Defamatory, obscene or offensive;
• Likely to deceive, harass, annoy, threaten, or invade someone else’s privacy.
9.3. Your contributions must not:
• Promote material that is sexually explicit or advertise sexual services or seek employees for a job of a sexual nature;
• Promote violence;
• Discriminate or promote discrimination because of race, sex, religion or belief, nationality, ethnic origin, age, disability, sexual orientation, gender reassignment, marital status or civil partnership, or pregnancy and maternity; • Infringe anyone else’s intellectual property;
• Be used to impersonate anyone, or misrepresent anyone’s identity;
• Encourage or assist anything that breaks the law;
• Contain unnecessarily repeated words or phrases intended to distort the positioning of the contribution in any search results;
• Contain links to your website and/or app or other direct contact information;
• Promote ‘get rich quick’, pyramid selling or network-marketing opportunities;
• Try to advertise or promote products or services;
• Contain requirements or criteria that are not a legal or genuine requirement of a job;
• Promote any opportunity that is not a genuine job opportunity;
• Promote a particular religion, where that religion is not an occupational requirement of a job.
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