These Terms and Conditions (“Terms”) govern your access to the CrewConnect services (“Services”), which include access to the website at https://crewconnect.co/ and any subdomains (the “Site”), any software application made available by CrewConnect Workforce Solutions Inc. through the Site or an app store (“Platform”), and any related support or other services offered by CrewConnect.
1. CrewConnect Services
CrewConnect offers the Platform and related Services designed to support workforce well-being reporting. The Platform enables Users to submit anonymous workplace feedback, which is collected, aggregated, and presented to employers and organizations for informational purposes.
Throughout these Terms, individuals who use the Services or the Platform are referred to as “Users.” Employers and organizations that may agree to additional terms pursuant to an order form (“Order Form”), whether executed online or in writing with CrewConnect, are referred to as “Clients.” Unless otherwise specified in these Terms or an Order, these Terms apply to both Clients and Users, collectively referred to as ‘Users’.
Please read through these Terms carefully before using the Services or the Platform. By agreeing to an Order Form, or by accessing, using or browsing the Site or downloading and/or using the Platform, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site, the Platform, or the Services.
If an individual accepting these Terms or agreeing to an Order is acting on behalf of a company or legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms and/or the terms of such Order, in which case the term “User” or “Client”, as applicable, shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms and/or an Order, such individual must not accept these Terms or execute such Order, and may not use the Services and the Platform.
2. Privacy Policy
Please refer to CrewConnect’s privacy policy by visiting: https://crewconnect.co/privacy-policy (the “Privacy Policy”) for information on how CrewConnect collects, uses and discloses personally identifiable information from Users. By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
3. Registration Data; Account Security
Users can browse the Site without registering for an account. However, in order to use the Platform, Users must download the Platform and register for a user account (“User Account”). User Accounts may also be registered on your behalf by your employer pursuant to an Order Form, if applicable, in which case, such employer or organization will be considered a Client and be bound by these Terms. Upon the registration or use of a User Account, you agree to (a) provide, or ensure that your employer provides, accurate, current and complete information about yourself and the organization as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site or Platform, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site or Platform. You are responsible for all activity on your User Account, and agree not to grant access to your User Account to others or to allow parties that do not have the requisite licenses with CrewConnect to access the Platform and/or Services.
4. Eligibility to Use the Services
To access the Services, in addition to the other terms and conditions set out herein (i) you must be at least eighteen (18) years of age and able to form legally binding contracts under applicable law; or (ii) if you are under the age of eighteen (18), subject to applicable law, you must receive permission from your Parent(s) (as defined below), who must also satisfy the preceding subsection (i). If you are under the age of thirteen (13), we may not use the Services. The Parent(s) may, where authorized or permitted by law, and in accordance with these Terms, permit their child(ren) to use the Services, provided that the Parent(s) consent to and supervise such use. If a Parent consents to their child(ren)’s use the Services, by providing such consent such Parent is agreeing to be bound by these Terms in respect of their child(ren)’s use of the Services and they understand that CrewConnect will rely on these Terms in providing the Services to their child(ren). The Parent(s) shall guarantee the compliance, by their child(ren), of the terms and provisions of these Terms and represent(s) and warrant(s) that their child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold CrewConnect and its Released Parties (as defined below) harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or their child(ren) of any of the provisions of these Terms, including, without limitation, their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minor or otherwise.
“Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their child(ren) for which no judgment, order or decree has been made by any Court awarding the custody of their child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their child(ren) and that the child(ren) has not been emancipated. If only one Parent (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Services and these Terms are concerned and will indemnify and hold CrewConnect and its Released Parties harmless form any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minority or otherwise.
5. Fees, Charges, Taxes
Fees and other charges for the use of the Platform and/or the Services are described on the Site, the Platform, and/or an Order Form. All prices and other amounts appearing on the Site, the Platform, or Order Form are in Canadian dollars unless otherwise indicated and are subject to change. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction. Applicable fees may be paid via credit card, or as described on the Site, Platform, or an Order Form.
6. Free Trial
Initially, the Platform and/or certain Services may be made available to you on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s) or the Platform, or (b) the start date of any purchased service subscriptions ordered by you pursuant to an Order Form for such Service(s) or licenses to the Platform, or (c) termination by us in our sole discretion. Additional trial terms and conditions may appear on the trial registration page on our Site, the Platform, or the respective app store page. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES OR PLATFORM DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO SUCH SERVICES AND/OR PLATFORM. YOU SHOULD PURCHASE THE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 11, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
7. License to Use the Site and License Restrictions
In these Terms, the content on the Services and/or Platform, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
CrewConnect grants to you a revocable, non-exclusive, non-sublicensable, limited license to view and to use the Content available to you through the Site, Platform and the Services (“License”).
Other than as expressly permitted in these Terms, and as may be further described in an Order Form, the License is subject to the following restrictions and account terms:
- The Content and Services we provide through the Site and Platform are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services.
- You may not make or distribute copies of the Site, Platform Services or Content or reproduce, distribute or display the Site, Platform, Services or any Content (except for page cacheing) except as expressly permitted in these Terms.
- You may not modify or create derivative works based on the Site, Platform, Services or Content.
- You may not use the Site, Platform, Services or Content for any application deployment or ultimate production purpose.
- You may not use the Site, Platform, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Platform, Services and/or Content.
- You may not otherwise use the Site, Platform, Services or Content other than for its intended purpose.
- You may not use any data mining, scraping, robots or similar data gathering or extraction methods.
- Your use of the Site, Platform, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
- You have reached the age of majority in the province, state, or country where you are resident, and you can form legally binding contracts under applicable law. If you have not reached the age of majority, you and your Parent (as defined in Section 4) represent and agree that your use of the Services will at all times be subject to and governed by Section 4 of these Terms.
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
The licenses in this Section are revocable by CrewConnect at any time.
8. Ownership, Copyright and Trademarks
Content provided by Users on the Site or Platform or otherwise sent to CrewConnect is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Services may include a comment, review, information, data, images, videos, sounds and other data uploaded by a User to the Services. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to CrewConnect to post or store on the Services and/or that you, personally, post or store on the Services. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people or organizations. CrewConnect reserves the right to share anonymized and/or aggregated information pertaining to User Content with Clients for informational purposes pursuant to these Terms. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content shared through the Platform or the Services, and we may do this at any time and for any reason. CrewConnect’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 10 of these Terms.
Other than User Content, the Services, the Site, Platform, all Content and any other software used to create and operate the Site is the property of CrewConnect or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, Platform, Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
You may only use the Services for the purposes expressly permitted. In particular, you may not use the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Services or any other service provided through our technology or the Services, or that is similar thereto.
9. Third Party Sites, Content, and Software
The Services may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. CrewConnect does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. CrewConnect provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply CrewConnect’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. CrewConnect accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern.
The Services may also contain third party and/or open-source software, which may be subject which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, Users are also accepting the Third-Party Licenses. Users who wish to view such Third-Party Licenses may request a copy by writing to hello@crewconnect.co. CrewConnect shall have no liability arising from your use of such third party or open-source software, Third Party Sites, or Third Party Content which may be subject to Third Party Licenses.
10. Limited License of Your User Content to CrewConnect
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on the Site yourself or by sending to CrewConnect otherwise to do so, or if you share information about an organization through the Platform or the Services, we need your license to use, modify (including to prepare aggregated summaries and reports of such User Content), or to display such User Content (if applicable, and if it is intended for public use), and we need the right to sublicense that User Content to our other Users or Clients either in the form provided (if anonymized), or by creating derivative anonymized reports and summaries of such Content to be shared with Clients for informational purposes.
Therefore, by sharing User Content with CrewConnect and/or to or through the Site, Services and/or Platform, you (a) grant CrewConnect and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site, Platform, and/or Services from time to time use such User Content and in accordance with these Terms; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to share and distribute that User Content, to or through the Site, Platform, and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use by other Users or Clients, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content (in the form provided or modified to create aggregated information) to such Users or Clients for their use in connection with their use of the Platform and/or Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site, Platform, and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site, Platform, and/or Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site, Platform, and/or Services does this to your User Content when it processes it for use in the Site, Platform, and/or Services.
11. Warranty Disclaimer
The Site, PLATFORM, Content and the Services are provided to you on an “as is” basis without warranties from CrewConnect of any kind, either express or implied. CREWCONNECT expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Site, PLATFORM, SERVICES and Content are provided to you for informational purposes only and should not be relied up on as accurate, complete, timely or fit for any particular purpose. CREWCONNECT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, PLATFORM, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF.
THE PLATFORM DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, SAFETY, LEGAL, OR FINANCIAL ADVICE. ALL CONTENT, FEEDBACK, AND REPORTS GENERATED ARE FOR INFORMATIONAL PURPOSES ONLY. USERS SHOULD NOT RELY ON CREWCONNECT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.
DESPITE BEST EFFORTS TO MAINTAIN ANONYMITY, CREWCONNECT DOES NOT GUARANTEE THAT SUBMISSIONS OR USER CONTENT WILL NOT BE INDIRECTLY ASSOCIATED WITH AN INDIVIDUAL USER. BY USING THE PLATFORM AND/OR SERVICES YOU ACKNOWLEDGE AND ACCEPT THIS RISK.
CLIENTS ACKNOWLEDGE THAT THE PLATFORM PROVIDES ANONYMOUS, SELF-REPORTED INFORMATION THAT MAY BE INCOMPLETE, INACCURATE, OR SUBJECT TO INTERPRETATION. CREWCONNECT IS NOT RESPONSIBLE FOR ANY DECISIONS CLIENTS MAKE BASED ON THIS INFORMATION OR USER CONTENT.
12. Typographical Errors or Inaccuracies
The Site, Platform, and/or Services may contain typographical errors or inaccuracies and may not be complete or current. CrewConnect reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, CrewConnect reserves the right to cancel or refuse to accept any subscription order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
13. Limitation of Liability; Indemnity
To the extent permitted under applicable law, you waive and shall not assert any claims or allegations of any nature whatsoever against CrewConnect, its directors, officers, shareholders, affiliates or subsidiaries, their contractors, vendors or other partners, employees, agents, or any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Platform, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, reliance on reports or analytics prepared by CrewConnect in connection with User Content, employment decisions made by Clients, disclosure (accidental or otherwise) of anonymous data, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, Platform, or Services. You use the Site, Platform, and Services at your own risk.
Without limitation of the foregoing, neither CrewConnect nor any other Released Party shall be liable for any direct, indirect, incidental, consequential, or special damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of the Site, Platform and/or Services, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Platform, Services, or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Platform, Services, or Content/User Content, or other information obtained from CrewConnect or any other Released Party or accessible via the Site, Platform, and/or Services or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, Platform, and/or Services, by any User or third party, or any other Released Party’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of CrewConnect, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, Platform and/or the Services exceed the greater of: (a) the total amount paid by you (if any) for access to or use of the Services or the Platform during the three (3) months immediately preceding the date of the claim, or (b) one hundred dollars (CAD $100), whichever amount is less..
You shall defend, indemnify and hold harmless CrewConnect and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, Platform, and Services, User Content, and from the use of the Site, Platform, and Services by any person to whom you give access to your account.
14. Communications
Notices that we give you may be provided in any of the following ways. First, we may e-mail you or send you a text message/SMS at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Platform. Third, we may post the notice elsewhere on the Site. When we post notices on the Site or the Platform, we post them in the area of the Site or the Platform suitable for the notice. It is your responsibility to periodically review the Site and Platform for notices.
15. Applicable Law and Venue
The Site is controlled by CrewConnect and operated by it from its offices in Burlington, Ontario. You and CrewConnect both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and CrewConnect explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, Platform and/or Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Platform, Services or Content; (c) oral or written statements relating to these Terms or to the Site, Platform and/or Services; or (d) the relationships that result from these Terms or the Site, Platform, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against CrewConnect related to any Claim and, where applicable, you also agree to opt out of any class proceedings against CrewConnect. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site, Platform, and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify CrewConnect and the other Released Parties for your failure to comply with any such laws.
16. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, CrewConnect reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site, Platform, and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Platform, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Platform, Services or Content; and (d) impose limits on the Site, Platform, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to CrewConnect to upload to the Site may remain on the Site.
If these Terms expire or terminate for any reason, Sections 4, 7, 10, 11, 13, 14, 15, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.
17. Modification of Terms
CrewConnect reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, Platform, and/or Services, at any time and in its sole discretion. If we do so, we will post a notice on the Site, or the Platform, visible to you the next time you access the Site or Platform. If you do not agree with the changes, your only remedy is to cease use of the Site, Platform, and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and/or Platform, and your continued use of the Site, Platform, and/or Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site, Platform, and/or Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site, Platform, and Services.
18. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. CrewConnect may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of CrewConnect, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and CrewConnect regarding your use of the Site, Platform, and Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and CrewConnect regarding your use of the Site, Platform, and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
19. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, Platform, and/or Services, please contact us here:
CrewConnect
hello@crewconnect.co