1. Acceptance of Terms
By creating an account or using the PickShift platform ("Platform"), you ("User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms apply to all users, including employers ("Employers") and professionals/workers ("Professionals").
Every Professional also signs the PickShift Worker Agreement, and every Employer signs the PickShift Employer Agreement, before using the Platform. Those agreements are versioned and recorded when you accept them. If anything in these Terms conflicts with the agreement you signed, that agreement prevails. Nothing in these Terms limits a right you have under Ontario's Digital Platform Workers' Rights Act, 2022 or any other law that cannot be contracted out of.
2. Platform Nature and Role
PickShift operates solely as a technology marketplace that connects Employers seeking to fill shifts with Professionals seeking shift-based work opportunities. PickShift is not an employment agency, staffing firm, labor broker, or party to any employment or contractual arrangement between Employers and Professionals.
PickShift does not employ, supervise, direct, or control any Professional. PickShift does not make hiring decisions, set wages, determine work schedules, or manage the performance of any Professional. All arrangements, agreements, and working relationships are exclusively between the Employer and the Professional.
3. User Accounts
You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not create multiple accounts, share your account with others, or transfer your account to any other person or entity. You must notify PickShift immediately of any unauthorized use of your account.
4. Employer Responsibilities
If you use the Platform as an Employer, you acknowledge and agree that:
- You are solely responsible for compliance with all applicable federal, provincial, state, and local labor, employment, workplace safety, tax, and insurance laws and regulations in your jurisdiction.
- You are responsible for the accuracy and completeness of all shift postings, including job descriptions, requirements, compensation, location, and working conditions.
- You are solely responsible for verifying the qualifications, certifications, identity, and suitability of any Professional you engage through the Platform, regardless of any verification features offered by PickShift.
- You are responsible for providing a safe working environment that complies with all applicable health and safety standards.
- You are solely responsible for all payment obligations to Professionals you engage, including wages, overtime, benefits, and any applicable taxes or deductions.
- You are responsible for determining the nature of your relationship with any Professional (employee, independent contractor, etc.) and for all legal obligations arising from that determination.
- You will not use the Platform for any unlawful purpose or to post fraudulent, misleading, or discriminatory shift listings.
5. Professional Responsibilities
If you use the Platform as a Professional, you acknowledge and agree that:
- You are solely responsible for ensuring that all certifications, licenses, qualifications, and credentials you claim are valid, current, and accurate.
- You are responsible for fulfilling the obligations of any shift you accept, including arriving on time, performing the work as described, and conducting yourself in a professional manner.
- You are solely responsible for your own tax obligations, including income tax reporting and remittance, and for determining your employment status in relation to each Employer.
- You are responsible for maintaining adequate personal insurance, including professional liability insurance where applicable.
- You will not misrepresent your qualifications, experience, availability, or any other information on the Platform.
- You acknowledge that PickShift does not guarantee the availability of shifts, the accuracy of shift postings, or payment by Employers.
6. No Employment Relationship
Nothing in these Terms or your use of the Platform creates an employment relationship, partnership, joint venture, or agency relationship between you and PickShift. PickShift is not an employer of any Professional and is not a co-employer with any Employer. Professionals are not employees, agents, or representatives of PickShift. Employers are not partners, agents, or representatives of PickShift.
7. Shift Policies
Cancellation
Both Employers and Professionals are expected to honor their shift commitments. If a cancellation is necessary, the cancelling party should provide as much advance notice as possible through the Platform. Repeated last-minute cancellations may negatively affect your account standing and may result in reduced visibility of your profile or shift postings.
No-Shows
Failure to appear for an accepted shift without prior cancellation constitutes a no-show. Repeated no-shows by a Professional may result in warnings, temporary suspension, or permanent termination of the Professional's account. Employers who repeatedly fail to make their workplace available for confirmed shifts may similarly face account restrictions.
Shift Completion
Both parties are encouraged to confirm shift completion through the Platform. Confirmation by both the Employer and the Professional helps maintain accurate records and supports the integrity of the marketplace. PickShift may use completion confirmations for platform quality purposes, including but not limited to resolving disputes or assessing account standing.
Disputes
PickShift may, at its sole discretion, facilitate communication between Employers and Professionals to help address shift-related disagreements. However, PickShift has no obligation to investigate, mediate, or resolve any dispute arising from a shift. All disputes regarding compensation, working conditions, or shift performance are solely between the Employer and the Professional.
8. Fees and Payment
Platform Fees
The Platform is free to use for Professionals. There are no subscription fees, sign-up fees, or recurring charges for Professional accounts. Employers pay a platform fee for each completed shift facilitated through PickShift. Platform fees vary by occupation category and are clearly displayed to the Employer before a shift is posted.
Payment Processing
All payment processing is handled by Stripe, a third-party payment processor. PickShift does not directly store, process, or have access to your payment card information. Your use of Stripe's services is subject to Stripe's own terms of service and privacy policy. Employers are responsible for ensuring that valid payment information is on file before posting shifts.
Fee Changes
PickShift reserves the right to modify its fee structure at any time. Any changes to platform fees will be communicated to affected users at least thirty (30) days in advance through the Platform or via the email address associated with your account. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the updated fees.
Refund Policy
Platform fees are non-refundable once a shift has been confirmed as completed by both parties. If a shift is cancelled before completion, any applicable fees will be handled in accordance with the cancellation circumstances. PickShift reserves the right to issue refunds or credits at its sole discretion in cases of platform error, fraud, or other exceptional circumstances.
9. Certification and Verification
PickShift may offer features that allow Professionals to upload certifications or credentials, and may display verification indicators on user profiles. These features are provided for informational convenience only. PickShift does not independently verify, validate, or guarantee the authenticity, accuracy, or currency of any certification, license, or credential. Employers must conduct their own independent verification of all Professional qualifications before engaging any Professional.
Credential Currency
Professionals are obligated to keep all certifications and credentials uploaded to the Platform current and accurate. If a certification expires or is revoked, the Professional must promptly update their profile to reflect this change. Failure to maintain accurate credential information constitutes a violation of these Terms.
Revocation of Verified Status
PickShift reserves the right to revoke any verification indicator or verified status on a Professional's profile if credentials are found to be expired, invalid, fraudulent, or otherwise inaccurate. PickShift may perform periodic reviews of uploaded credentials and may request updated documentation at any time.
Expired Certifications
Profiles with expired certifications may be marked accordingly and may be excluded from search results or shift applications that require active credentials in the relevant category. Professionals with expired certifications are responsible for renewing their credentials and updating their profiles to restore full functionality.
10. Ratings and Conduct
Expected Conduct
All users are expected to conduct themselves professionally and respectfully when using the Platform and during any interactions facilitated by the Platform. This includes, but is not limited to, communicating honestly and courteously, honoring commitments, and treating all parties with dignity and respect regardless of background, identity, or role.
Complaints and Disputes
Users may report concerns about another user's conduct through the Platform's reporting mechanisms. PickShift will review reports at its discretion and may take action as it deems appropriate. PickShift is not obligated to disclose the outcome of any investigation or to take any specific action in response to a report.
Account Suspension or Termination
PickShift reserves the right to suspend or terminate any user's account, with or without notice, for conduct that PickShift determines, in its sole discretion, to be harmful or in violation of these Terms. Grounds for suspension or termination include, but are not limited to:
- Fraudulent activity, including misrepresentation of identity, qualifications, or shift details
- Harassment, threats, discrimination, or abusive behavior toward any user
- Repeated no-shows or pattern of last-minute cancellations without reasonable cause
- Misrepresentation of professional credentials or employer information
- Violation of any applicable law in connection with Platform use
- Any other conduct that PickShift reasonably determines undermines the safety, integrity, or trustworthiness of the Platform
11. No Guarantees
PickShift provides the Platform on an "as is" and "as available" basis. PickShift makes no guarantees, representations, or warranties of any kind, whether express or implied, regarding:
- The availability of shifts or Professionals
- The quality, reliability, or suitability of any Employer or Professional
- The accuracy of any information provided by users
- The outcome of any arrangement between an Employer and a Professional
- The continuous, uninterrupted, or error-free operation of the Platform
12. Limitation of Liability
To the maximum extent permitted by applicable law, PickShift, its officers, directors, employees, affiliates, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Disputes between Employers and Professionals
- Non-payment or late payment for shifts
- Personal injury, illness, or property damage occurring during or related to any shift
- Loss of income, profits, or business opportunities
- Actions or omissions of any user of the Platform
- Inaccurate, incomplete, or misleading information provided by users
- Unauthorized access to or alteration of your account or data
PickShift's total liability to you is limited as set out in the Worker Agreement or Employer Agreement you signed. This section does not limit liability for PickShift's own fraud, or for death or personal injury caused by its negligence.
13. Indemnification
If you are an Employer, you indemnify PickShift as set out in the Employer Agreement. This section does not apply to Professionals. Subject to that agreement, an Employer agrees to indemnify, defend, and hold harmless PickShift, its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or conduct on the Platform
- Your violation of these Terms or any applicable law
- Any arrangement or dispute between you and another user of the Platform
- Any content or information you provide on the Platform
- Any claim by a third party related to your use of the Platform
14. Dispute Resolution Between Users
Any disputes, disagreements, or claims between Employers and Professionals are solely between those parties. PickShift is not responsible for resolving disputes between users and has no obligation to mediate, arbitrate, or intervene. PickShift may, at its sole discretion, provide tools or assistance to facilitate communication between disputing parties, but undertakes no obligation to do so.
15. Privacy and Data
PickShift collects, uses, and stores personal information as necessary to operate the Platform. By using the Platform, you consent to the collection and processing of your personal information in accordance with applicable privacy laws in your jurisdiction, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, applicable provincial privacy legislation, and other applicable data protection regulations.
You acknowledge that certain information you provide (such as your name, certifications, and professional profile) may be visible to other users of the Platform as necessary to facilitate the connection between Employers and Professionals.
For more information on how we collect, use, and protect your data, please review our Privacy Policy.
16. Intellectual Property
The Platform, including its design, features, content, and underlying technology, is the property of PickShift and is protected by applicable intellectual property laws. You retain ownership of any content you submit to the Platform, but grant PickShift a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content as necessary to operate the Platform.
17. Account Termination
You may close your account at any time by contacting PickShift. PickShift reserves the right to suspend, restrict, or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or conduct that PickShift determines to be harmful to other users or to the Platform. Upon termination, your right to use the Platform ceases immediately.
18. Modifications to Terms
PickShift may revise these Terms. Material changes will be communicated through the Platform or by email before they take effect. Changes to the Worker Agreement or Employer Agreement are published as a new numbered version that you are asked to review and accept; continued use alone is never treated as acceptance of a new version of those agreements, and a new version never applies to work already performed.
19. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict of laws provisions. Any legal proceedings arising out of or relating to these Terms shall be brought in the courts of competent jurisdiction in Ontario, Canada, and you consent to the jurisdiction of such courts.
20. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
21. Entire Agreement
These Terms, together with the Privacy Policy and the Worker Agreement or Employer Agreement you signed, are the entire agreement between you and PickShift regarding your use of the Platform, and supersede all prior agreements, representations, or understandings on the same subject.
22. Contact
If you have questions about these Terms, please contact us through the Platform or at the contact information provided on the PickShift website.