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Terms of Use - App (NP)

Your privacy is important to us.  This Privacy Statement (“Privacy Policy”) describes how we collect, use, transfer, store, and protect your information.  It applies to the Adia App you are currently viewing.  By visiting or using the Adia App, you expressly consent to our collection, use, disclosure, and retention of the personal information/data (“Information”) described in this Privacy Policy.  Such processing of the Information may even occur after the termination of the business relationship between you and Adia, in accordance with this Privacy Policy.
  • OBJECTIVE AND USE OF ADIA

    Adia Solutions, LLC (“Adia”) is an online platform through which individuals looking for temporary employment (“Candidates”) and companies looking for temporary workers (“Clients”) are brought together (Candidates and Client referred to together as “Users”).

    We hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to utilize Adia’s App.

  • REGISTERING AS A USER

    Candidates

    Anyone looking for temporary employment must register as a Candidate and be authorized to work in the United States.

    You hereby confirm you are authorized to work in the United States and to immediately notify Adia of any changes that may affect your eligibility to work in the United States, in particular with regard to expired work permits.

    Clients

    Anyone looking for a temporary employee must register as a Client.  Only legal entities with an employer identification number (EIN) may register as a Client.  By registering an entity, you confirm that you are authorized to register the entity which you are registering, that you are authorized to act on behalf and are in fact acting on behalf of such entity, and that such entity has all necessary and appropriate business licenses and EIN. You, on behalf of the entity, agree to comply with all employment regulations and applicable law.   You also agree to immediately notify Adia of any change that may affect your relationship with Adia, e.g. business license revocation, being placed into receivership, insolvency.

    All Users

    The information provided by you during registration must be true (and you, by submitting such information, certify such is wholly accurate). All required documents must be available to you at the time of registration, and Adia is entitled at all times to request and receive such documents from you. Adia is also entitled to request missing or expired documents.  If you do not comply immediately with such request, Adia is entitled to immediately block access by you to the Adia app and to immediately terminate any assignments/contracts with you. Any other rights of Adia in the event of missing or incorrect information, particularly claims for damages, are reserved.

  • KEEPING USERNAMES AND PASSWORDS SAFE
    Adia usernames and passwords assigned to or created by you during the registration process must be kept safe and not shared with third parties. If the username and password fall into the hands of third parties, Adia must be informed immediately by contacting us.support@adia.com. You are accountable for the actions of unauthorized third parties, as well as for your own actions.
  • CONTRACTS

    Candidates

    Subject to the below paragraph, you agree that the Adia Employment Agreement which defines certain employment rights and obligations between you and Adia, as well as your assignments with Clients, shall apply. In the event of a direct conflict between the Employment Agreement and the Adia Terms of Use, the Adia Terms of Use shall prevail, but only in relation to assignments accepted via Adia.  Notwithstanding the foregoing and all else herein, your employment with Adia, to the extent such exists, and each of your assignments, if any, shall be strictly “at-will”, meaning your employment and/or your assignment(s) may be terminated at any time for any reason or no reason at all.

    Once you accept an assignment with a Client, an “Assignment Confirmation” governing the conditions of that assignment will be generated by Adia. A new Assignment Confirmation will be generated for all subsequent assignments with the same or a different Client.

    The Assignment Confirmation will be created automatically by Adia and signed electronically by Adia. You may sign documents either by: (i) an electronic signature or (ii) signing the printed contract documents and returning them to Adia. Such signature denotes acceptance of the terms of the document signed.  However, in the event that you fail to return a signed copy of the Assignment Confirmation, then reporting to an Assignment at a Client site or shift location shall be deemed to be acceptance of the applicable Assignment Confirmation.

    Clients

    You, the Client, accept that the Adia Terms and Conditions of Temporary Staffing (“T&C”) shall apply and govern your relationship with Adia and the services that you receive.  Each time you accept a Candidate for a temporary position, Adia will generate an “Assignment Confirmation” that outlines the details of the respective assignment. The Adia T&C forms the basis of each individual assignment and becomes a component of each assignment. The Assignment Confirmation will be created automatically by Adia and signed electronically by Adia.

    You will make all efforts to sign all the contract documents in a timely manner. This can be done either by: (i) an electronic signature or (ii) signing the printed contract documents and returning them to Adia. In any event, you will send to Adia a legally signed original copy of each contract document. If you fail to return a duly executed copy of the Assignment Confirmation, acceptance of a Candidate onto the Client site or shift location shall be deemed to be acceptance of the T&C and the Assignment Confirmation.

  • TIME RECORDING OF CANDIDATES
    Adia provides a time recording functionality for each assignment. As soon as the Candidate arrives at the agreed place of work, the Candidate will be able to check in to the assignment via the Adia App.  Before leaving the place of work again, the Candidate must check out from the assignment via Adia. The Client can verify this information about the check-in and check-out from the assignment, and it can then confirm or correct the information the Candidate has provided and approve the time worked.  The Candidate will be advised of any Client edits to the timesheet and will be provided an opportunity to correct any time errors.  CANDIDATES MUST BE PAID FOR ALL TIME WORKED.  IT IS THE RESPONSIBILTIY OF CLIENT AND CANDIDATE TO ACCURATELY REPORT/CONFIRM ALL TIME WORKED EACH WEEK. ANY CONCERN REGARDING TIME REPORTING SHOULD BE IMMEDIATELY SENT TO: US.SUPPORT@ADIA.COM.
  • ASSESSMENT AT THE END OF THE ASSIGNMENT 

    After the end of each assignment, both the Candidate and the Client are invited to assess each other. All assessments must be done truthfully, carefully, conscientiously and according to the criteria provided by Adia.

    Ratings are based on star ratings of 1-5 with 5 stars being highest and are purely the decision of the Candidate or Client, as applicable, with no input from Adia.  However, Candidates and Clients are required to be entirely truthful in their ratings.

    Adia reserves the right to delete any type of rating that is not deemed to meet the criteria or that Adia believes to be untruthful or otherwise wrongful. Adia is also entitled to adjust the assessment criteria at any time. It can then transfer the existing assessments to the new criteria at its discretion.

  • GENERAL OBLIGATIONS

    You must ensure that all the information required for registration is complete and truthful, and you must submit all required documents and supporting documents. Any changes that occur to the information provided must be updated immediately via Adia.  To the extent allowed by applicable law, Adia may review the information provided at any time and request any necessary supporting documents. If it is determined that you have not fully complied with these obligations, among any other remedies available at law, Adia is entitled to block your access to the Adia app and terminate all existing assignments with immediate effect.

    You voluntarily and expressly acknowledge and accept that you are solely and exclusively responsible for your use of the Adia App, and that you will not use the App in an improper manner or any other manner other than Adia’s intended purpose. You are not permitted to perform any actions that could adversely affect the reputation, interests or rights of Adia or its affiliates, or that harm or compromise Adia, or that may interfere in any way with the normal use by other Users.

    You may not and will not encourage, assist or authorize any other person to, (a) incorporate any portion of the Adia program into your own programs or compile any portion of it in combination with his own programs; (b) sell, rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the Adia program or otherwise assign any rights to the Adia program in whole or in part; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Adia program, or (d) reverse engineer, disassemble, or decompile the Adia program or apply any other process or procedure to derive the source code of any software included in the Adia program. All rights granted to you are conditioned on your continued compliance with these Terms of Use, and will immediately and automatically terminate if you do not comply.

  • BLOCKING ACCESS TO ADIA
    Adia is, in addition to any other remedies available, entitled to block your access to Adia if you violate these Terms of Use and/or any other agreement referenced herein.  Adia is also entitled to exclude you from the Adia app for any lawful reason it deems appropriate in its sole discretion.  This includes but is not limited to exclusion if you violate your obligations towards other Users (i.e. in the event of an unjustified absence from an assignment or failure to comply with the Client’s instructions) or if your rating falls to a less than optimal level.
  • SECURITY
    Adia utilizes commercially reasonable data security and virus detection measures. Nevertheless, you must be aware that the existing security measures for computer systems on the Internet do not provide complete protection. Adia does not warrant that there are no viruses or other elements that may cause changes or adverse effects to your computer systems (hardware and software) or to the data stored in your systems.
  • INTELLECTUAL PROPERTY RIGHTS

    All content of the Adia App and the associated applications and websites are either owned by Adia or have been licensed to Adia for use. All content, such as images, photographs, illustrations, text and other materials, is protected worldwide by copyright, design law, trademark and other intellectual property rights. You agree to respect all Adia intellectual property rights and those of third parties at all times, and shall not extract, reproduce, convert, utilize, or distribute any content whatsoever without express written permission from Adia.

    No title or right, or any intellectual property or other right, express or implied, is transferred to you by virtue of these Terms of Use or your use of the Adia App. The license granted hereunder to utilize Adia for its intended purpose is limited solely to the right to access Adia via the World Wide Web and does not include the transfer or distribution of software or source code to you or Client. You shall not, and shall not permit any User or third party to copy, transmit, distribute, sell, rent, lease, transfer, reproduce, modify, adapt, enhance, translate, reverse engineer, disassemble, decompile, attempt to derive source code, or create derivative works or competing products from, Adia, services or documentation, or any software, source code or components thereof.

    You shall not, and shall not permit any User to, engage in any of the following prohibited acts (i) attempting or gaining access to data not intended for you or logging into accounts or areas which you are not authorized access; (ii) probing or breaching Adia security measures; (iii) transmitting or modifying any data or information that you do not possess the lawful right to transmit or modify; (iv) accessing Adia in violation of any applicable local or international law, rule or custom; (v) accessing Adia to harm, threaten, harass, or to infringe the privacy or rights of, any person or entity or in violation of any laws or regulations; and (vi) using any information accessed from Adia for other than the properly licensed purpose hereunder.

    You shall notify Adia immediately if you become aware of any use or conduct that violates any of the prohibitions in the above paragraph. You shall indemnify and defend Adia and its licensors from any claims, damages or expenses (including legal fees) arising from any actual or alleged improper use or conduct by any User or third party under your account or for which you are responsible. Notwithstanding anything stated herein, Adia reserves the right to terminate, restrict or deny use or access of or to Adia, services or documentation by or to any User for any lawful reason including but not limited to its belief a User is or may be engaged in improper use or access.

    Subject to the Adia privacy policy, Adia is granted a non-exclusive, worldwide, transferable and sub-licensable right to use all information and content you provide via Adia for the business purposes of Adia and its affiliates.

  • LINKS AND LINKING 
    Adia may display links to other websites operated by third parties not affiliated with Adia. The inclusion of such links to third party websites does not constitute implied endorsement by Adia of these sites. Adia has not reviewed all of the external sites linked to the website and is not responsible for the content or accuracy of those sites, or other sites linked to the website. The use of a link to an external site or to third-party sites is at your own risk.
  • PERSONAL DATA
    The collection and use of your personal data is subject to the Adia Privacy Policy, which forms an integral part of these Terms of Use. Each User must expressly accept this Privacy Policy during Adia registration.
  • DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITIES/ INDEMNIFICATION 
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF, AND ANY OTHER ACCESS TO, THE ADIA PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ADIA, ITS LICENSORS AND DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    2. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    3. YOU ARE LIABLE FOR AND WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF YOUR USE OF THE ADIA APP, VIOLATION OF THESE TERMS OF USE, VIOLATION OF APPLICABLE LAW, OR VIOLATION OF ANY RIGHT OF ANY PERSON OR ENTITY, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS.
  • AMENDMENTS TO THESE TERMS OF USE AND WAIVER
    Adia is entitled to amend these Terms of Use at any time. It will do so by posting revised terms within the Adia App.  Your continued use of the Adia App after any amendment has been posted affirms your agreement to be bound by the amendment.  Adia’s failure to insist upon or enforce your strict compliance with this Terms of Use will not constitute a waiver of any of our rights.
  • APPLICABLE LAW AND JURISDICTION
    These Terms of Use are subject to Florida law. You agree that the exclusive jurisdiction for all claims arising out of or in connection with the use of the Adia App lies with the courts of the State of Florida.