Terms and Conditions
Last Updated: June 25, 2020
This Hefe Services Agreement (“Agreement”) is a legal agreement between Hefe Technologies, Inc. (“Hefe”, “HefeApp.com”, “GetHefe.com”, “Kuote.com”, “us”, “our” or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the Hefe Account page to receive temporary use software as a service in both downloadable and non-downloadable forms in the field of staffing and employment, contracting, sub-contracting; Enabling and facilitating the posting of work opportunities, searching, building contact lists, application, screening, negotiation, booking, onboarding, communications, timecards, payment, ratings, data, technology and analytics services, and other business services that may be offered by Hefe and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services.
If you do not understand and of the terms of this Agreement, please contact us before using our service.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
General Terms
Your use of Hefe constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of Hefe is subject to Hefe's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Hefe, using Hefe Services or sending emails to Hefe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site or any of Hefe services and software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hefe is not responsible for third party access to your account that results from theft or misappropriation of your account. Hefe and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under eighteen and Thirteen
Hefe does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are an individual or sole proprietor, and you are not at least 18 years old, but you are 13 years old or older, your Representative must be your parent or legal guardian. If you are a legal entity that is owned, directly or indirectly, by an individual who is not at least 18 years old, but the individual is 13 years old or older, your Representative must either obtain the consent of your board or of an authorized officer. Any such approving board, authorized officer, parent, or legal guardian is responsible to Hefe and is legally bound to this Agreement as if it had agreed to the terms of this Agreement itself. You may not use the Services if you are under 13 years of age.
Registration and Permitted Activities
Only businesses (including sole proprietors), bona fide charitable organizations, and other entities or persons located in the United States are eligible to use the Services described in this Agreement. All users of Hefe must comply to all laws of the United States, State and Local Laws in all activities on Hefe.
To register for a Hefe Account, you or the person or people submitting the application (your “Representative”) must provide us with your business or trade name, physical address, email, phone number, tax identification number, URL, the nature of your business or activities, and certain other information about you that we require. We may also collect personal information (including name, birthdate, and government-issued identification number) about your beneficial owners, principals, and your Account administrator. Until you have submitted, and we have reviewed and approved, all required information, your Hefe Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason.
If you use Payment Processing Services, your name (or the name used to identify you) and URL may appear on your Customers’ bank or other statements. To minimize confusion and avoid potential disputes, these descriptors must be recognizable to your Customers and must accurately describe your business or activities. You may only use Payment Processing Services to facilitate Transactions (as defined below) with your Customers. You may not use Payment Processing Services to send money to others, to conduct any personal transactions, or for any other purposes prohibited by this Agreement.
EMPLOYMENT Statement
USERS OF HEFE ARE NOT EMPLOYEES OF HEFE.
Hefe is as technology platform facilitate communication and transactions between businesses and/or independent contractors. Hefe makes no direct offer of employment or benefits through the use of the service. All postings are jobs offered by businesses to other businesses and/or independent contractors via 1099. These are not postings for full-time or part-time (W2) employment and postings should not be interpreted as an offer of full-time or part-time employment.
The only direct full-time or part-time W2 jobs with Hefe are specifically called out in our company jobs section of the gethefe.com page or our LinkedIn Page.
Employer Responsibilities
As an employer, you are responsible for complying to Federal, State and Local Laws applicable to your locale in terms of wages, a safe working environment and all insurance requirements. This includes, but not limited to U.S. Department of Labor (https://www.dol.gov/), Occupational Safety and Health Administration (https://www.osha.gov/) and the Internal Revenue Service (https://www.irs.gov/). Please consult with your legal counsel regarding your responsibilities. Hefe has NO RESPONSIBILITIES for your compliance to these laws. Also, you, as the employer are responsible for timely payment of wages, fees and taxes owed to the contracted party. The Hefe platform serves only as a facilitator of the staffing needs and financial transactions, but is not a guarantor of wages, fees, taxes and all other forms of compensation. IT IS YOUR RESPONSIBILITY TO PAY FOR WORK AS AGREED. Likewise it is your responsibility to define and agree to scope of work with the contractor before entering into contract and beginning of work. All disputes to quality, cost, damage and other disagreements must be settle between contracted parties in your local court. Hefe has no responsibilities beyond providing basic transactional data required by your legal counsel. YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES, DEBTS, INJURY, TAXES, FEES, INSURANCE, APPROVALS OF SCOPE CHANGES, LICENSING, PERMITS, COSTS AND SETTLEMENT OF DISAGREEMENTS.
CONTRACTOR Responsibilities
As an contractor, you are sole responsible for the work you have entered into contract. It is your responsibility to clearly define and agree to scope of work before start of the contract. Hefe has NO RESPONSIBILITIES for your actions, work product, damages, disagreements, injury, wages, loss of wages, cost over runs, broken or lost equipment, taxes, fees, insurance, permits and the likes that are incurred during and after the terms of the contract. If the Employer fails to meet the obligations set forth in your contractual agreement, Hefe has no responsibilities beyond providing basic transactional data required by your legal counsel to settle any disagreements. IT IS YOUR RESPONSIBILITY TO COMPLETE THE WORK AS AGREED WITH THE EMPLOYER. YOU ARE SOLELY RESPONSIBLE FOR ALL WORK PREFORMED, QUALITY, WARRANTY, DAMAGES, DEBTS, OBTAINING AGREEMENT ON ADDITIONAL COSTS WHICH INCLUDES BUT NOT LIMITED TO MATERIAL COSTS AND SCOPE CHANGES, INJURY, TAXES, FEE, PERMITS, INSURANCE, LICENSING, BONDS AND SETTLEMENT OF DISAGREEMENTS.
Suspicion of Unauthorized of Illegal Use
We may refuse, condition, or suspend any Transactions or Accounts that we believe: (i) may violate this Agreement or other agreements you may have with Stripe; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Hefe, or others to risks unacceptable to Hefe. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Hefe Account, your Customers, and Transactions made through your use of the Services.
Links to Third Party Sites/Third Party Services
Hefe may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hefe and Hefe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hefe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hefe of the site or any association with its operators.
Certain services made available via Hefe are delivered by third party sites and organizations. By using any product, service or functionality originating from the Hefe domain, you hereby acknowledge and consent that Hefe may share such information and data with any third party with whom Hefe has a contractual relationship to provide the requested product, service or functionality on behalf of Hefe’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Hefe strictly in accordance with these terms of use. As a condition of your use of Hefe, you warrant to Hefe that you will not use Hefe for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hefe or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hefe content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hefe and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hefe or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Hefe has no obligation to monitor the Communication Services. However, Hefe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hefe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hefe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hefe's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hefe does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hefe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hefe spokespersons, and their views do not necessarily reflect those of Hefe.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Hefe or Posted on Any Hefe Web Page
Hefe does not claim ownership of the materials you provide to Hefe (including feedback and suggestions) or post, upload, input or submit to any Hefe Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hefe, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hefe is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hefe's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Hefe account to third party accounts. By connecting your Hefe account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Hefe from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hefe Content accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hefe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hefe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hefe in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hefe agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEFE TECHNOLOGIES INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HEFE TECHNOLOGIES INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEFE TECHNOLOGIES INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEFE TECHNOLOGIES INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEFE TECHNOLOGIES INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
Termination/Access Restriction
Hefe reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hefe as a result of this agreement or use of the Site. Hefe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hefe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hefe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hefe with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hefe with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hefe reserves the right, in its sole discretion, to change the Terms offered. The most current version of the Terms will supersede all previous versions. Hefe encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Hefe welcomes your questions or comments regarding the Terms.
Email Address: support@hefeapp.com