General conditions of use
Last update:
24 March, 2024
1. Definitions
The following words and phrases have the following meaning in the GTCU when written with a capital letter:
“Account”: refers to the dedicated and individualised digital space of a User on the Platform allowing access to the Platform Services.
“Application”: refers to the mobile applications developed by Casual Temp Waiting Staff Ltd and available on iOS and Android.
“Casual Temp Waiting Staff” or ‘’Casual Temp Waiting Staff Ltd: refers to the company Casual Temp Waiting Staff Ltd, registered in Companies House under number 15566558 and whose registered office is located at Suite A, 82 James Carter Road, Mildenhall, Suffolk, IP28 7DE, United Kingdom
“GTCU”: refers to these general terms and conditions of use.
“Business”: means a company holding an Account and duly registered on the Platform in search of occasional services.
“Late Withdrawal”: refers to the fact that a Temp withdraws from a Service via the functionality provided in this sense on the Platform, and this less than twenty hours (24) hours before the start of the Service concerned.
“No Show”: refers to the fact that a Temp does not show up on the day and time scheduled to perform a Service, without having previously withdrawn from the provision of such Service via the available functionality on the Platform.
“Platform”: refers to the connecting platform operated by Casual Temp Waiting Staff Ltd and accessible from the Application or the Site, which makes it possible to benefit from the Platform Services.
“Platform Services”: refers to all services rendered by Casual Temp Waiting Staff Ltd to Users on the Platform, such as (for Businesses), the generation of Service Offers for Temps, access to invoices, monthly reporting and (for Temps) access to Service Offers, access to payment for Services using the tool provided to the Platform by Stripe, as well as (for Users) linking.
“Pre-Qualified Substitute” means an individual who is appointed as a Substitute and who is (a) already registered as a User, (b) has a Talent account, (c) has passed all necessary immigration, right to work and ‘Know Your Temp’ checks, and any other checks that are required by Casual Temp Waiting Staff Ltd from time to time, and (d) who has agreed to the GTCUs in force at the time the relevant Services Contract was agreed.
“Service(s)”: refers to the provision of services of a one-off or temporary nature performed by a Temp for a Business.
“Service Agreement”: refers to the service provision agreement that binds the Business and the Temp for the performance of a Service and which contains in particular the essential elements relating to it (type of Service, date, duration, price), generated, if applicable according to the country, by the Platform, based on the model appearing in Appendix 1 of these GTCU.
“Service Offer”: means an offer to perform a Service generated by a Business and appearing on the Platform.
‘’Job Booking(s)’’: means a booking of a Service that is generated and confirmed by a Business for a Temp to perform a Service Offer and appearing on the Platform.
“Site”: refers to the website www.temporarywaitingstaff.co.uk as well as all its subdomains.
“Substitute” means an individual or individuals who may be engaged by Casual Temp Waiting Staff Ltd to perform the Services under a Service Agreement and in respect of whom the Temp has complied with Article 10.4.
“Temp”: means a service provider holding an Account whose legal and tax status allows the regular provision of services in the country in which such service provider operates.
“Unhonored Service”: refers to a Service that has been the subject of a Late Termination or No Show.
“User”: refers to a Temp or Business that uses the Platform.
“User Content”: means any data or information, other than protected intellectual property elements, communicated by a User by any means on the Site or Application.
Unless otherwise required by the context, the terms and definitions in the singular include the plural, and vice versa.
2. Purpose and scope of the GTCU
Casual Temp Waiting Staff Ltd operates the Platform that allows Businesses and Temps to be connected so that they can perform Services for Businesses. Casual Temp Waiting Staff Ltd allows the connection between a specific skill (as possessed by a Temp) and a short-term need (as possessed by a Business) through the Platform.
The purpose of the GTCU is to define the terms of access and use of the Platform, as well as to define the rights and obligations of Casual Temp Waiting Staff Ltd, Businesses and Temps in connection with the use of the Platform.
The GTCU do not govern the contractual relationship between a Business and a Temp, which is governed by the Service Agreement concluded between the Business and the Temp to which Casual Temp Waiting Staff Ltd is not a party and has no liability in respect of.
As an online platform operator within the meaning of English law, Casual Temp Waiting Staff Ltd assumes no obligation or liability in connection with or under the contractual relations between a Business and a Temp and/or in connection with or under the performance, poor performance or non-performance of the Services that are provided for between a Business and a Temp and that are the subject of a Service Agreement. Casual Temp Waiting Staff Ltd’s role is limited to the operation of the Platform, the provision of the Platform Services and the management of the Temps self-employment agreement with Flex Hospitality Jobs.
3. Registration, acceptance and modification of the GTCU
3.1. Acceptance of the GTCU
At the time of creation of an Account and prior to the registration, any natural or legal person wishing to register on the Platform warrants that they have read and understood these GTCU and all elements contained in and linked from such terms when confirming its consent to the GTCU by checking the corresponding box appearing on the Platform at the time of the registration and creation of an Account and, subsequently in the event of changes to the GTCU, under the conditions provided for in Article 3.4.
At the time of creation of a Job Booking and prior to the Job Booking request, any natural or legal person wishing to register on the Platform warrants that they have read and understood these GTCU and all elements contained in and linked from such terms when confirming its consent to the GTCU by checking the corresponding box appearing on the Platform at the time of the registration and creation of an Account and, subsequently in the event of changes to the GTCU, under the conditions provided for in Article 3.4.
The GTCU applicable to the User are those in force on the day of acceptance of the Platform Services by the Talent, it being specified that certain provisions of the GTCU (in particular provisions on the Service Fees) may, in the event of modification of the GTCU, have one or more specific date(s) and different date(s) of application or entry into force for the provision(s) concerned(s).
3.2. Registration conditions for Businesses
Any legal person seeking a one-time or temporary need for Services may register via the Site or Application, provided that they provide the required information (e.g. company name, registered office, contact details).
The registration results in the creation of an Account. However, the Business may only fully use the Platform following the validation of the registration by Casual Temp Waiting Staff Ltd. In particular, Business is invited to provide a valid payment method (bank details) otherwise it will not be able to use the Platform.
Once the Account is definitively validated, the Business receives a confirmation email and can benefit from all of the Services. Business may also provide certain optional information such as a description of Business or its logo.
The Business guarantees Casual Temp Waiting Staff Ltd that the natural person in charge of creating the Account has the power and capacity to create the Account in accordance with the laws of the country where it operates, as well as to benefit from the Services and that the information provided is accurate.
Casual Temp Waiting Staff Ltd reserves the right to refuse any application for registration.
3.3. Registration conditions for Temps
Anyone who has completed a successful interview with Casual Temp Waiting Staff and has passed the ‘Know Your Temp’ checks can apply for registration via the Site or Application, provided they provide the required information (e.g. last name, first name, email, phone number and necessary documentation regarding right to work self-employed in the UK including ID etc.) and answer a series of questions related to their professional experiences.
The registration results in the creation of an Account. However, Temp may only fully use the Platform and perform Services following the validation, by Casual Temp Waiting Staff Ltd, of the registration.
Temp understands and agrees that they may be contacted by telephone or invited to meet members of Casual Temp Waiting Staff Ltd, in particular to present the functioning of the Platform, to verify the veracity of the information provided by the Temp and/or to request additional information.
The performance of Services is subject to the Temp holding of a legal and tax status allowing the regular provision of services in the country in which it operates.
Temp warrants that it creates the Account on its own behalf, that it has the power and ability to create the Account and use the Platform and that the information provided is accurate.
Casual Temp Waiting Staff Ltd reserves the right to refuse any application for registration.
3.4. Evolution of Platform Services and modification of the GTCU
To improve their functioning and quality and due to the constant scalability of the digital sector, Casual Temp Waiting Staff Ltd regularly evolves the features and functionalities of the Platform and Platform Services. Thus, Casual Temp Waiting Staff Ltd is particularly likely to add, delete or replace certain features at any time and the Platform is updated regularly automatically. Similarly, Casual Temp Waiting Staff Ltd may change the GTCU at any time.
Users will be informed by email of the changes made to the GTCU by Casual Temp Waiting Staff Ltd, within seven (7) days before the entry into force of the new version of the GTCU and must in any event materialize their acceptance of this new version by ticking the corresponding box appearing on the Platform at the time of their first connection to the Platform after the entry into force of the new version of the GTCU. Failing this, Users will not be able to access the Platform and the Platform Services, in particular (for Temps) to consult and/or accept Service Offers and (for Businesses) to publish a Service Offer. On the other hand, Users will be required to perform and complete the Services in progress and/or to honour those provided for, under any Service Agreement concluded before the modification of the GTCU. The applicable GTCUs are those in force on the day of acceptance of the Service Offer by the Temp, it being specified that certain provisions of the GTCUs (in particular provisions on the Service Fees) may, in the event of modification of the GTCUs, have one or more specific date(s) and different date(s) of application or entry into force for the provision(s) concerned(s).
4. Access, use and security of the account
Once a User’s Account is definitively validated, the User receives a confirmation email and can use the Platform.
Access to and use of the Platform and Platform Services is exclusively reserved for validated Users. Each User understands and accepts that he/she is responsible for accessing and using his/her Account and must make personal use of it.
Unless technical failure is attributable to Casual Temp Waiting Staff Ltd, each User is responsible for the confidentiality and security of its connection data and payment data.
It is strongly recommended that the User change his/her password at regular intervals, through his/her Account, and use a secure password, avoiding easily identifiable combinations. Casual Temp Waiting Staff Ltd may impose an expiration date of the User’s password beyond which he/she will be asked to change his/her password.
If he/she has reason to believe that his/her login data (in particular, his/her username or password) or his/her payment data have been lost, stolen, misappropriated or compromised in any way, or in the event of unauthorized use of his/her Account, the User must immediately notify Casual Temp Waiting Staff Ltd by email to [email protected]. In the absence of such notification, any use of the Account or Platform is deemed to have been made by the User.
In such a situation and/or in the presence of a potential or proven threat to the security or confidentiality of the Account and the associated data, in particular payment, the User authorizes Casual Temp Waiting Staff Ltd to take all appropriate measures to prevent any unauthorized access to the Account (for example, reset the password and identifier, block ongoing and/or subsequent payment transactions or suspend access to the Account).
5. Platform operation
5.1. Service offer
When a Business meets a one-time or temporary need for a specific service, the Business generates a Service Offer containing the essential characteristics of the required Service.
In order to allow the best possible connection between the Business’s need and the Temp’s competence, the Business is invited to provide as accurately as possible the description of the Service and the qualities expected of the Temp.
5.2. Connecting
The Platform is designed by Casual Temp Waiting Staff Ltd to send Service Offers to the Temps the Platform deems most likely to meet the requirements of the Service Offers. The Business may also configure certain functionalities so that the Service Offer is addressed as a priority to the Temps it has chosen to identify. Temps can choose to indicate their unavailability and availability in respect of potential Services to be rendered via the Platform. By doing so, Temps do not receive Service Offers corresponding to times when it has indicated that it is unavailable. Businesses have the opportunity to view the unavailability and availability of Talents they have chosen to identify. For the avoidance of doubt, the decision as to when time is allocated as available or unavailable is at the sole discretion of the Temp, and may be changed by them at any time.
5.3. Acceptance of the Service
Temps receive Service Offers through a push notification via the Application, via SMS text, or via email and may accept the Service Offer using the corresponding functionality.
The first Temp that is most suitable is allocated performance of the Service with the Business. The information that he/she has entered in his/her Account will then be sent to the Business, which is informed of the Temp’s acceptance.
Once the Temp has accepted the Service, the Service Agreement is formed between the Temp and the Business and it is generated on the basis of the Service Provision Contract template. The Temp performs the Service and the Business remunerates the Temp in return for the Service.
The Temp is never required to respond to nor accept any Service Offer and will not face any adverse consequences on the Platform in relation to their rate of acceptance of such Service Offers.
5.4. End of Service
At the end of the Service, each User agrees to be rated by the other User concerned.
6. Cancellation rules
6.1. Cancellation of a Service by a Business
Any Business may cancel a Service provided with Temp through the link in the Job Booking confirmation email.
The rules applicable in the event of cancellation of a Service by the Business are the following
If the Temp has accepted a Service offered by the Business for more than forty-eight (48) hours and the Business cancels this Service less than four (4) days before its commencement, Casual Temp Waiting Staff Ltd (in the name and on behalf of the Temp) will charge the Business a fee:
Service Offers that have been made for more than forty-eight (48) hours and cancelled less than four (4) days before its commencement is charged £25.00 by Casual Temp Waiting Staff Ltd.
The cancellation rules may be modified at any time by Casual Temp Waiting Staff Ltd, via a modification of the GTCU under the conditions described in Article 3.4. The applicable cancellation rules are those described in the GTCU in force on the day of publication of the Service Offer by the Business.
6.2. Discontinuance or Service not honoured by a Temp
Any Temp may withdraw from a Service Offered by a Business through the Platform. If the withdrawal occurs more than seventy-two (72) hours before the start of the Service, this withdrawal is without consequences for the Temp.
On the other hand, the following rules apply in the event of an UnHonored Service (i.e. Late Withdrawal or No-Show), without prejudice to the provisions of Articles 11.4 and 11.5:
The Temp Account is suspended from receipt of the email from Casual Temp Waiting Staff Ltd notifying him/her of the suspension.
The Temp then has a period of seven (7) calendar days to explain his/her Late Withdrawal or No Show, as the case may be. Based on the explanations provided, Casual Temp Waiting Staff Ltd can restore the Talent Account. Otherwise, the Temp Account will be deleted.
Notwithstanding the foregoing, and regardless of the explanations given by the Temp and/or their possible consideration by Casual Temp Waiting Staff Ltd during the first or a previous case of Non-Honored Service, the Talent expressly acknowledges and accepts that in the event that it performs two (2) UnHonoured Services during the same rolling period of thirty (30) calendar days, the Talent Account will be permanently deleted as of receipt of the email from Casual Temp Waiting Staff Ltd notifying him/her of the definitive suspension and deletion of his/her Account.
7. Rates and payments
7.1. Service rates
At the time it generates a Service Offer, the Business is charged a rate by the Casual Temp Waiting Staff Ltd Platform, the amount of which is defined based in particular on the following criteria:
Name of the service
Type of service
Application of an increase, in particular in the event of high demand on the Platform.
The price of the Service is accessible and visible to Business on the Casual Temp Waiting Staff Ltd Platform before Temp accepts the Service Offer.
7.2. Management of financial flows and remuneration of Casual Temp Waiting Staff Ltd
For the management of payments between Users on the Platform, Users have use of the services of Stripe, a payment service provider authorised to handle funds on behalf of third parties. As a reminder, the general terms and conditions of use of Stripe, that the User has previously accepted at the time of creation of his/her Account, are accessible at the address https://stripe.com/gb/legal/ssa These govern the rights and obligations of Users with regard to payments taking place on the Platform.
In return for the various Platform Services provided by Casual Temp Waiting Staff Ltd to Users, a service fee is charged by Casual Temp Waiting Staff Ltd to the Business and Temp. The amount of service fees, which corresponds to a percentage of the amount of the Service, is communicated on the Platform. To learn more about applicable service fees and how they are calculated, see our dedicated pages Business Service Fees and Talent Service Fees, which are an integral part of these GTCU.
In addition, the specific amounts of the service costs applicable to each Service and due by the Business, respectively, are accessible and visible by the Business on the booking form before the Service Offer is (with regard to the Business) validated by the Business before a booking is confirmed (with regard to the Temp) accepted by the Temp.
The applicable service fees and their calculation method may be modified at any time by Casual Temp Waiting Staff Ltd, via a modification of the aforementioned pages forming an integral part of the GTCU and an acceptance of the GTCU thus modified, under the conditions described in Article 3.4. The applicable service fees and their calculation method are those described in the GTCU (via the links above) in force on the day of acceptance of the Service Offer by the Temp(or any other effective or effective date of the Service Fees that would be mentioned in the pages dedicated to this purpose).
7.3. Default payment terms
The deposit is debited from Business via Stripe at the time of confirmation of job booking (i) the invoice for the balance of the Service due to Casual Temp Waiting Staff Ltd, on behalf of the Temp, and (ii) the invoice for any additional service costs that are due to Casual Temp Waiting Staff Ltd, within fourteen (14) calendar days from the end of the Service when neither party disputes the duration thereof, and eight (8) calendar days after when a dispute over the duration of the Service requires the agreement of the parties.
Payment of the invoice for the balance of the Service is to be paid by bank transfer to the bank account detailed on the invoice. Payment of the invoice for the balance of the service can be made using a credit or debit card via Stripe.
The Temp receives the funds due to it for the performance of the Service through Casual Temp Waiting Staff Ltd within forty-eight (48) hours of receipt of payment by Casual Temp Waiting Staff from Business. (Actual receipt of funds being subject always to payment processing deadlines), on the bank account that it has entered on the Casual Temp Waiting Staff Ltd registration form or Platform.
7.4. Exceptional payment terms
At the request of the Business, and subject to prior written acceptance by Casual Temp Waiting Staff Ltd, other methods of settlement may be implemented:
Payment by credit of the Business’s Stripe account at the beginning of the month
Payment by deferred bank transfer (end of month plus ten (10) days or end of month plus thirty (30) days). In this case, costs related to the financing of the induced cash requirement may be invoiced by Casual Temp Waiting Staff Ltd to the Business.
7.5. Use of an invoice financing service
In order to allow Temps to quickly receive the funds due to them by Businesses that benefit from the possibility of paying by deferred bank transfer, Temps hereby agree to use the services of Aria with which Casual Temp Waiting Staff Ltd has entered into a partnership.
In this context, when Casual Temp Waiting Staff Ltd invoices, on behalf of a Temp, a Business benefiting from a deferred bank transfer payment, and subject to the Business’s eligibility for Aria’s services (solvency criteria), the Temp hereby agrees to assign its debt to Aria, which pays it the corresponding amount without delay. The fees that would be associated with the provision of Aria’s services are included in the service fees charged by Casual Temp Waiting Staff Ltd to Temp.
Information is transmitted through APIs between Aria and Casual Temp Waiting Staff Ltd, and remittances are made through the authorised payment service provider Stripe.
The Aria Partner Terms and Conditions of Use are available at https://www.helloaria.eu/en, and Casual Temp Waiting Staff Ltd Users accept them without reservation.
7.6. Dispute and adjustment of payments
Users may, within seventy-two (72) hours from the end of the Service, contest the amount due for the Service, for example due to an adjustment in the actual duration of the Service.
In the event of a conflict between the Business and Temp, Casual Temp Waiting Staff Ltd undertakes to facilitate discussions between Users so that they try to reach an amicable solution, and may have to suspend payments pending the resolution of the dispute.
Users mutually undertake to make fair use of the Platform. In the event of a dispute which is manifestly abusive or fraudulent (as assessed on a case-by-case basis), the amount normally and precisely due to the Temp will be adjusted and Stripe will pay the Temp. The same corresponding amount will be deducted from the Business.
The Business may receive additional or amending invoices corresponding to any adjustment made. If there is overpayment for any adjusted Service after payment has been made, the overpayment may be deducted from the amount due for any future Service.
7.7. Billing mandate
The Temp expressly mandates Casual Temp Waiting Staff Ltd, who accepts it, to draw up in its name and on its behalf the invoices relating to the Services and to collect their payment from the Businesses, via Stripe, under the conditions provided for herein (and in the event of non-payment, to make telephone, e-mail and postal reminders within a reasonable limit and, where applicable, to use a collection company in the name and on behalf of the Temp). The Temp acknowledges that this mandate is subject to Article 7.6 and payments to Temp from Businesses may be reduced in the event of disputes.
It is specified that the Temp retains full responsibility for its legal and tax obligations with regard to invoicing in respect of the original invoices issued in its name or on its behalf by Casual Temp Waiting Staff Ltd, in particular with regard to its VAT obligations and in accordance with the laws of the country in which it operates.
The invoicing mandate is effective throughout the duration of these GTCU while the Temp is a user of the Platform.
For the purposes of the mandate, the Temp undertakes to transmit, at Casual Temp Waiting Staff Ltd’s first request, all the information necessary to issue invoices in its name and on its behalf, according to its situation and in accordance with the laws of the country in which it operates.
The Temp undertakes to (i) pay the administration concerned (in England, the Public Treasury) the value added tax and, in general, all taxes and duties, for which it is liable, if applicable, in respect of or in the context of the performance of Services, (ii) download and keep a copy of the invoices issued in its name and on its behalf by Casual Temp Waiting Staff Ltd, which are available on the Temp Account and sent to Temp by email and (iii) report to Casual Temp Waiting Staff Ltd any change in its situation that would have an impact on this billing mandate.
8. Commitments of Casual Temp Waiting Staff Ltd
8.1. Availability of the Platform and Platform Services
Casual Temp Waiting Staff Ltd undertakes to make the Platform and Platform Services available to Users and to make its best efforts to ensure accessibility and proper functioning.
In this respect, Casual Temp Waiting Staff Ltd undertakes to ensure that the Platform is accessible 24/7, except in cases of uncontrollable events or unforeseeable and insurmountable behaviour of a third party, and subject to any breakdowns and maintenance and update interventions necessary for the proper functioning of the Platform. Due to the specificities of the Internet and telecommunications networks, Casual Temp Waiting Staff Ltd cannot guarantee the permanent availability of the Platform.
In the event of a malfunction or an anomaly disrupting the proper functioning of the Platform, Casual Temp Waiting Staff Ltd undertakes to make its best efforts to restore the situation.
8.2. Connecting
In accordance with its status as an online platform operator within the meaning of English law, Casual Temp Waiting Staff Ltd undertakes to facilitate the transmission of a Business’s Service Offer to Temps most likely to meet the need encountered by the Business. Thanks to the technological solution developed by Casual Temp Waiting Staff Ltd, Using the technological solution developed by Casual Temp Waiting Staff Ltd, the platform allows a Service Offer to be transmitted to the best available Temps , and thus allow the connection.
However, not being a party to the Service Agreement and each User being free to use the Platform as much as he/she wishes, Casual Temp Waiting Staff Ltd cannot guarantee that Temps will at any point be available and willing to accept a Service Offer. Similarly, Casual Temp Waiting Staff Ltd cannot guarantee that a Service Offer corresponding to the skills of the Temp will always be offered to him/her.
9. Responsibility of Casual Temp Waiting Staff Ltd
Users acknowledge and agree that Casual Temp Waiting Staff Ltd’s liability is limited to its role as an online platform operator within the meaning of English law.
Without prejudice to Article 14 of the GTCU, Casual Temp Waiting Staff Ltd cannot be held liable in any case for causes outside it, and in particular in the following cases:
any direct or indirect damage suffered by a User or a third party during the performance of the Service or in connection with it, since in its capacity as platform operator, Casual Temp Waiting Staff Ltd is not a party to the Service Provision Agreement concluded between the Business and the Temp and is not in particular responsible for its performance;
when a User does not honour a Service Offer, either that a Temp does not perform a Service that it has accepted, or that a Business cancels the Service, without prejudice to Article 6 of the GTCU;
when a User enters inaccurate information in his/her Account and on the Platform (for example, in the event that the Service does not correspond to the Service Offer or in the event that the Temp does not have the skills he/she has entered);
when a User violates a stipulation of the GTCU;
when a User does not comply with the Service Agreement;
in case of uncontrollable events.
In addition, Casual Temp Waiting Staff Ltd may not under any circumstances be held liable for the consequences of fraudulent use of a User’s identifiers, unless technical failure is attributable to Casual Temp Waiting Staff Ltd, as well as for any prejudice related to the information of erroneous personal information in an Account.
In any event, Casual Temp Waiting Staff Ltd’s liability is limited to the compensation of direct damages, certain and material suffered by Users during the use of the Platform and the Platform Services, and which would result from a fault attributable exclusively to Casual Temp Waiting Staff Ltd in the context of the obligations incumbent upon it hereunder. In the context of the foregoing, and without prejudice to the terms of Article 14 of the GTCU, the ceiling of Casual Temp Waiting Staff Ltd’s liability is set as follows, which the Temps and the Businesses expressly acknowledge and accept: (i) with regard to the damages suffered by a Temp, the amount of service costs paid by said Temp to Casual Temp Waiting Staff Ltd, and (ii) with regard to the damages suffered by a Business, the amount of service costs paid by said Business to Casual Temp Waiting Staff Ltd.
Finally, Casual Temp Waiting Staff Ltd makes available on the Site a Frequently Asked Questions (FAQ) for Users. The User understands and agrees that Casual Temp Waiting Staff Ltd does not guarantee that the information contained therein is up to date with current legislation and/or professional practices. The Site and/or Application may contain links to third-party websites. Linked sites are not under the control of Casual Temp Waiting Staff Ltd, which is not responsible for the contents of these linked sites. The FAQ is made available for information purposes only and cannot replace the consultation of official sources (texts of laws, official information of administrations). The User expressly acknowledges that Casual Temp Waiting Staff Ltd cannot be held liable for the information disseminated in the FAQ.
10. User Commitments
10.1. Commitments common to Users
Users expressly undertake to:
comply with the laws and regulations in force in the country in which they operate and not to violate public order, morals or the rights of third parties, and not to violate any legislative or regulatory provisions;
implement all measures likely to ensure the security and confidentiality of connection data and payment data;
be of age and have the ability to contract with Casual Temp Waiting Staff Ltd, in accordance with the laws of the country in which they operate;
provide Casual Temp Waiting Staff Ltd with all information necessary for the proper performance of the Services;
provide information, sincere, accurate and error-free when creating the Account, keep this information up to date throughout the use of the Platform and publish content meeting the same requirements;
use the Platform in accordance with its purpose and purpose, and make fair use of it;
have a correct, polite and professional attitude in the context of the use of the Platform, but also during the Service, whether it is Temp or Business;
not create false accounts or under a false identity, make personal use of the Account and not transfer or assign it to a third party; and
grant to Casual Temp Waiting Staff Ltd a non-exclusive, royalty free, worldwide licence to store and use any intellectual property (including logos or images) he/she uploads to his/her Account solely in respect of the Platform (including the Application) for as long as the User has such intellectual property uploaded as part of his/her Account and hereby warrants that he/she is authorized to upload such intellectual property and such use by Casual Temp Waiting Staff Ltd shall not infringe any rights of any third party.
Users understand and agree that the following is strictly prohibited:
any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Platform;
the publication of illegal content (for example, pornographic content or content violating an intellectual property right);
any intrusion or attempted intrusion into Casual Temp Waiting Staff Ltd’s computer systems;
any action likely to impose a disproportionate burden on Casual Temp Waiting Staff Ltd’s digital infrastructure;
any breach of security and authentication measures;
any act likely to infringe on Casual Temp Waiting Staff Ltd’s financial, commercial or moral rights and interests or its image and reputation;
any copy and/or misuse of the Site, Application and/or Casual Temp Waiting Staff Ltd’s digital infrastructure; and
more generally any practice diverting the Platform for purposes other than those for which it was designed.
The User is responsible for his/her use of the Platform and the Platform Services, so that it is liable for any damage that it may cause to Casual Temp Waiting Staff Ltd, to another User and/or to a third party due in particular to his/her behaviour and/or inaccurate information, incomplete and/or misleading that it would provide when registering, in the context of the use of the Platform and the Platform Services or in the absence of updating this information, which he/she alone assumes the consequences.
10.2. Temp-specific commitments
Temp undertakes and guarantees:
that they are engaged by Businesses solely as a self-employed contractor, and that any services provided pursuant to these terms shall constitute a contract for the provision of services and not a contract of employment;
that nothing contained in these terms shall be construed or have effect as constituting any relationship of employer and employee or employer and worker between any party to these terms;
that the Temp shall be fully and exclusively responsible for the payment of any tax and any other form of levy or social security cost in respect of his/her or her payment or benefits;
that the intention is for the Temp to provide services to the Business. However, Casual Temp Waiting Staff Ltd may at any time provide these services through a Substitute;
to indemnify and keep indemnified Casual Temp Waiting Staff Ltd against any liability, loss, damage, cost, claim or expense arising as a result of or in connection with (a) any claims against Casual Temp Waiting Staff Ltd for any amounts referred to in this clause 10.2, and (b) the Temp being found to be a worker or an employee (for any purpose) of the Casual Temp Waiting Staff Ltd and/or a Business or otherwise in connection with any employment related claims and/or claims based on worker status in each case brought or on behalf of the Temp and arising out of or in connection with the provision of services under these terms;
have the skills that he/she has entered in his/her Account and necessary for the performance of a Service that he/she has previously accepted;
respond to the Service Offerings, whether its response is positive or negative, the Temp being always free to accept or refuse a Service Offering;
not respond to and/or accept Service Offers for a Business (or group of Businesses) with which he/she is an employee under a separate contract of employment entered into outside of the Platform during the period in which the Service must take place; and
honour the Service Offers that it has previously accepted via the Platform and not be at the origin of Unhonored Services.
10.3. Business-specific commitments
The Business undertakes and guarantees:
not cancel a Service previously accepted by a Temp, in which case Article 6.1 of the GTCU applies;
publish Service Offers that correspond to one-off or temporary needs
keep confidential the information transmitted to it on the Temp, once it has accepted a Service Offer;
inform, in advance, preferably at the time of generation of the Service Offer and no later than within a reasonable period before the start of the Service, of the specific conditions of the Service (for example, a particular outfit or specific tools to be provided); and
provide a valid means of payment for the entire period in which Business uses the Platform.
10.4. Substitute specific commitments
The Business and Temp confirm, that in respect of any Service Agreement that the intention is for the relevant Temp who has accepted the corresponding Services Offer to provide the Services. However, Casual Temp Waiting Staff Ltd may at any time engage a Substitute provided that:
the Substitute is either:
a Pre-Qualified Substitute; or
suitably qualified and has the necessary experience to perform any Services which they intend to complete and, prior to the commencement of any Service Agreement, has satisfied all necessary immigration requirements and ‘Know Your Temp’ checks performed by Casual Temp Waiting Staff Ltd from time to time, as well as any other requirements or checks that may apply to the Temp from time to time;
Casual Temp Waiting Staff Ltd notifies the Business of the identity and qualifications of any Substitute which Casual Temp Waiting Staff Ltd uses to provide the Services, as follows:
For a Pre-Qualified Substitute: Casual Temp Waiting Staff Ltd must provide the notification under this clause at any time prior the performance of each Service Agreement by the Substitute;
For a Substitute who is not a Pre-Qualified Substitute: Casual Temp Waiting Staff Ltd must provide the notification under this Article 10.4 at least 48 hours prior to the performance of the Service Agreement by the Substitute;
the appointment of any Substitute is given prior authorisation in each case by the Business. The Business may at its absolute discretion determine whether to accept such Substitute to provide the Services; and
Casual Temp Waiting Staff Ltd procures that the Substitute will adhere to and be bound by all obligations and requirements that apply to the Temp under the relevant Service Agreement.
11. Duration, suspension
11.1. Duration
The GTCU, if applicable as amended under the conditions provided for in Article 3.4, apply throughout the duration of the relationship between Casual Temp Waiting Staff Ltd and a User, i.e. from their acceptance by the User concerned at the time of the creation of his/her Account (and at the time of his/her first connection following the modification of the GTCU) and throughout the period when the User uses the Platform, without prejudice to the cases of suspension provided for in these GTCU.
11.2. Suspension of access to the Platform
When a User has breached any of its commitments under the GTCU, Casual Temp Waiting Staff Ltd may temporarily and without notice suspend certain features of the User Account concerned and/or certain Platform Services to which it has access, and in particular the ability, for Temp, to receive Service Offers and, for Business, to create them.
After a period during which the Temp whose account has been suspended may provide explanations, access to all the functionalities of the Platform and/or all the Platform Services may be restored, or the Account of the User concerned may be permanently suspended in accordance with the stipulations below.
11.3. Permanent suspension of the User Account for convenience subject to compliance with a notice period
Casual Temp Waiting Staff Ltd and each User is free to permanently suspend, at any time and for convenience, the Account of the User concerned (his Account, in the case of the User), by sending an email to the other party, with acknowledgement of receipt (if by confirmation of sending by email , proof of sending an email), subject to notice that varies according to the duration of existence of the User Account concerned from its creation date:
during the first 6 months of existence of the Account, 15 days;
between 6 months and 1 year of existence of the Account, 1 month;
between the first year and the second year of existence of the Account, 2 months;
between the second and third year of existence of the Account, 3 months;
and so on.
11.4. Permanent suspension of the User Account without notice and without formal notice
In the event of a serious breach of one of the stipulations of the GTCU, Casual Temp Waiting Staff Ltd and each User may permanently suspend, without prior notice and without prior formal notice, the Account of the User concerned (his Account, in the case of the User) by sending an email to the other party, with acknowledgement of receipt (in the case of email, proof of sending an email). For example, it is considered a serious breach leading to the definitive suspension of the Account of the User concerned automatically, without this list being exhaustive:
For Temp: failure to comply with the tax and social obligations incumbent on it in the country in which it operates or failure to provide the elements mentioned in Article 7.9 above, failure to honour the Services under the conditions of Article 6.2 of the GTCU, violent, inappropriate or inappropriate behaviour on the Platform or with regard to a Business.
For the Business: non-payment of a Service due to a Temp or means of payment that do not work on a recurring basis (for example resulting in repeated payment delays), violent, inappropriate or inappropriate behaviour on the Platform or with regard to a Temp.
For Casual Temp Waiting Staff Ltd: repeated technical malfunctions preventing the proper use of the Platform by Users.
11.5. Suspension of the User Account
Each User undertakes to fully perform the commitments that he/she has subscribed to before the suspension of his/her Account (for example, for Temp, to complete the Services in progress and to honour the Services provided under a Service Offer accepted before the suspension of his/her Account (or withdraw at the latest 24 hours before the start of the Service), and for Business, to allow Stripe to deduct the deposit for the Services and collect the balance of the Service in progress or planned).
The suspension (temporary or definitive) of an Account may not give rise to any compensation between Casual Temp Waiting Staff Ltd and the Users.
In any event, the suspension of an Account (including definitive) does not necessarily result in the deletion of the Account concerned, which can be maintained with limited access to certain Platform Services and/or functionalities (for example, in order to allow the User concerned to have access to the information necessary to comply with his/her tax and social obligations). The suspension of an Account also does not result in the cancellation of the Service Agreements concluded between a Temp and an Business before the suspension of the Account concerned.(including final)
The provisions of these GTCU shall in any event survive the suspension of an Account, (i) until the completion of the Services in progress and/or provided for under a Service Offer accepted before the suspension and (ii) for the purpose of asserting and/or executing all the rights and obligations of Casual Temp Waiting Staff Ltd and the Users concerned, provided for herein, in connection with said Services (in particular invoicing, payment and any recourse/liabilities under the conditions provided for in these GTCU).
12. Autonomy and independence
The Users and Casual Temp Waiting Staff Ltd each carry out their activities in total autonomy and independence, each bearing the risks related to its activity.
As an independent self-employed service, Temp with an Account is free to use the Platform as much as he/she wishes in compliance with these GTCU. Casual Temp Waiting Staff Ltd has no leadership powers with respect to Temp. Similarly, when receiving a Service Offer, Temp is free to accept or refuse it in compliance with these GTCU. As for the Business, it is not subject to any minimum obligation to use the Platform.
Users are not subject to any obligation of exclusivity to Casual Temp Waiting Staff Ltd. Temp is free to use other platforms, to find services that meet their skills by any other means or to provide their services to their personal clientele or through other intermediation platforms. As for the Business, it is free to use any other means to find service providers that meet its specific needs.
13. Compliance with tax and social obligations
13.1. By Temp
The Temp is aware that the performance of the Services for the Businesses with which it is connected via the use of the Platform, generates legal, fiscal, social and administrative obligations, which it must perform under the rules applicable in the country in which it operates.
The Temp is solely responsible for all the declarations and formalities necessary for its activity and must meet all the obligations incumbent on it, if applicable, in application of the legislation on which it depends, and in particular the payment of any and all tax and social contributions and contributions and the payment of VAT, if applicable.
13.2. By the Business
The Business is informed that the use of the Platform and the Platform Services generates legal, fiscal, social and administrative obligations that it must fulfil under the rules applicable in the country in which it operates.
14. Insurance
14.1 Civil liability
Depending on the type of Temp, Casual Temp Waiting Staff Ltd may have taken out with a well-known insurance company (Chiswell Insurance) specific coverage intended to cover the liability of eligible Temps for bodily injury, material and immaterial damage caused to third parties (including the Business) during the performance of a Service subject at all times to the terms of such insurance scheme. Ineligible Temps are required to take out appropriate individual insurance themselves.
For more information, Business and Temp should consult the Insurance Page.
In order to know precisely the extent of the guarantees and the limits of compensation, Users are invited to contact Casual Temp Waiting Staff Ltd by writing by email to the address [email protected]
14.2 Security income: Disability-Invalidity-Death
Casual Temp Waiting Staff Ltd has subscribed with the international insurance company AIG EUROPE SA a protection program for the benefit of certain Temps who may benefit, under certain conditions and subject to the terms of the insurance scheme, from:
daily allowances in the event of a total temporary incapacity for work (ITT) following a guaranteed accident or illness, occurring at any time between the date on which the Temp was confirmed his/her eligibility for the protection program and the date of definitive suspension of his/her Account in accordance with Article 11 of the GTCU; and
a capital in the event of death or absolute and definitive disability due to an accident that occurs during the performance of a Service concluded via Casual Temp Waiting Staff Ltd
The eligibility conditions require a certain history and volume of Services provided by the Temp in the context of the use of Casual Temp Waiting Staff Ltd Services, non-eligible Temps are required to take out appropriate individual insurance themselves. For more information, Temps are invited to consult the Insurance Page.
The Temps concerned will be informed individually by Casual Temp Waiting Staff Ltd of their membership in the AIG Europe SA group insurance contract (by email).
15. Intellectual property
15.1. Intellectual property of Casual Temp Waiting Staff Ltd
The Platform, the Application, the Site and each of the elements that compose them, in particular, but not limited to, the “Casual Temp Waiting Staff Ltd” trademark filed with the INPI, the software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, trademarks, etc.) operated by Casual Temp Waiting Staff Ltd are protected by all intellectual property rights in force.
Users acknowledge and agree that the Platform, Application and Site, and each of the components thereof, including all associated intellectual property rights, are the exclusive property of Casual Temp Waiting Staff Ltd.
Any reproduction or representation, in whole or in part, of the Platform, Application, Site, or each of the elements that compose them, without the prior written authorization of Casual Temp Waiting Staff Ltd, is prohibited. The GTCU does not transfer intellectual property rights to the User or a third party.
Thus, the User is prohibited, unless authorized in writing and beforehand by Casual Temp Waiting Staff Ltd, from using, reproducing, adapting, modifying, creating derivative works, distributing, granting a license on, selling, transferring, publicly presenting, transmitting, distributing or otherwise exploiting all or part of the Platform, Application, Site and/or the elements that compose them.
15.2. User Content
Users give Casual Temp Waiting Staff Ltd the right to reuse User Content, in particular to:
publish them on the Site and/or the Application;
modify or adapt them;
incorporate them into advertisements, communication media and broadcast them on social networks or internally; and
create derivative content, distribute it and allow third parties to reuse it.
This right is granted as long as the GTCU are in force and for the whole world.
Casual Temp Waiting Staff Ltd’s rights in respect of content uploaded by Users which is not User Content and contains protected intellectual property of any nature is addressed in Article 10.1
16. Personal data
Casual Temp Waiting Staff Ltd undertakes to comply with the regulations in force on the processing of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, files and freedoms in its current version.
The principles relating to the processing of personal data on the Platform are described in the privacy policy available at the following address: Confidentiality Charter
17. Miscellaneous
17.1. Assignment of the GTCU
Users authorize Casual Temp Waiting Staff Ltd to assign all of its rights and obligations in respect of its contractual relations with Users to any third party and without their prior consent.
In particular, in the event of a merger by constitution of a new company, contribution, merger-absorption, split or any change of control affecting Casual Temp Waiting Staff Ltd, the contractual relations will continue without it being necessary for Casual Temp Waiting Staff Ltd to inform or obtain the consent of the Users.
17.2. Non-waiver
The fact that Users or Casual Temp Waiting Staff Ltd do not require the application of a stipulation of the GTCU, whether permanently or temporarily, is not considered a waiver of the rights arising from this stipulation.
17.3. Completeness
The stipulations of the GTCU and the elements expressly incorporated by reference express the entire agreement between the Users and Casual Temp Waiting Staff Ltd. They prevail over any proposal, exchange of letters prior to and after the conclusion hereof and over any other stipulation exchanged between the parties in relation to the object, except in the case of a written amendment duly signed by Casual Temp Waiting Staff Ltd and the User concerned.
In particular, the question fair available on the Site is not part of the GTCU and its content does not engage Casual Temp Waiting Staff Ltd.
17.4. Nullity
In the event that one of the clauses of the GTCU is declared null or void by a change of legislation, regulation or a court decision, this cannot under any circumstances affect the validity of the other clauses and compliance with the GTCU, unless the clause declared null or void is essential, modifies the interdependence of certain stipulations or modifies the general economy of the GTCU.
If applicable, the disputed clause will be deleted and replaced by a lawful clause.
18. Applicable law and competent jurisdiction
18.1. Applicable law
The GTCU are governed and interpreted in accordance with English law.
18.2. Competent jurisdiction
Any dispute relating to the formation, validity, interpretation or execution of the GTCU, the creation, use, or suspension of an Account, and more generally on any subject related to the use of the Platform and the Platform Services, will be subject to the exclusive jurisdiction of the Commercial Court of England.
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