GPS and Time Tracking

Last modified: January 1, 2024

Please read the following carefully. IMPORTANT! These GPS and Time Tracking Terms of Service (“TToS”) govern the use and access of the GPS and Location Tracking Program (“Tracking Program”) as part of the Services, pursuant to our terms of service with respect to our Services (the “Main Terms of Service”) and privacy policy (the “Privacy Policy”).  Any capitalized terms not defined herein shall have the meaning ascribed to such terms in the Main Terms of Service and the Privacy Policy.

As a user of our Services (“you,” “your,” or “Client”), please read these TToS carefully before using our Site, App and Services.

In these TToS, “Person” shall be construed as broadly as possible and shall include an individual or natural person, a partnership, a corporation, an association, a joint stock company, a limited liability company, a trust, a joint venture, an unincorporated organization, any other business entity and any governmental entity.

Any Person who wishes to use Tracking Program must accept these TToS, the Main Terms of Service and the Privacy Policy without change.

  1. Modifications to Terms

We may change these TToS at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of Tracking Program will be subject to the most current version of the TToS posted on our Site at the time of such use, which shall be notified to you via email listed on your account. Your continued use of our Tracking Program after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these TToS regularly. If you do not agree to any changes to these TToS, please immediately discontinue your use of our Site, App and Services.

  1. About our Services
    • Tracking Program consists of
      • (i) Global Positioning System (“GPS”) tracking (“GPS Tracking”) of the Freelancers indicating latitude and longitude of the Freelancers performing work assignment; and
      • (ii) Time tracking (“Time Tracking”) of the Freelancers commencing and pausing/ending the work assignment.
    • If you are a Firm, when utilizing Tracking Program, you represent and warrant that:
      • (i) you have obtained all required consents from all applicable individuals as it relates to the collection, use, and disclosure any information submitted to Tracking Program; and
      • (ii) the collection, use, and disclosure by you of any information submitted to Tracking Program are in accordance with all applicable laws;
    • If you are a Freelancer, when utilizing Tracking Program, you represent and warrant that you shall not provide misleading or inaccurate information to Tracking Program.
  2. Use of the Tracking Software
    • If you are a Freelancer and do not consent, at any point in time, to have your location or time tracked during the work assignment, you must obtain consent from the Principal. Provided that you have obtained such consent, you may elect not to activate the Tracking Program.
    • IF YOU ARE A FREELANCER, YOUR LOCATION AND TIME WORKED SHALL BE TRACKED ONLY DURING THE PERIOD IN WHICH YOU ACTIVATE THE TRACKING PROGRAM. IT IS YOUR SOLE RESPONSIBILITY TO DISABLE THE TRACKING PROGRAM WHEN YOU WISH TO CEASE THE TRACKING PROGRAM FROM COLLECTING ANY INFORMATION.  THE POSTINGS BY THE PRINCIPALS ON THE VEYLEY’S SERVICES CONTAIN INFORMATION ON WHETHER THE PRINCIPAL REQUIRES THAT THE FREELANCER USE THE TRACKING PROGRAM DURING THE WORK ASSIGNMENT.  BY APPLYING TO THE POSTING REQUIRING THE USE OF THE TRACKING SOFTWARE (PROVIDED THAT YOU HAVE NOT OBTAINED CONSENT FROM THE PRINCIPAL TO NOT BE TRACKED), YOU HAVE CONSENTED TO HAVE THE INFORMATION ON YOUR LOCATION AND TIME COLLECTED BY THE TRACKING PROGRAM.
    • If you are a Principal and your collection, use and disclosure of any information submitted to Tracking Program are not in accordance with applicable laws, you may remove the Tracking Program from your plan by contacting Veyley at [email protected].
    • IF YOU ARE A PRINCIPAL, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM WHETHER THE USE OF THE TRACKING PROGRAM IS IN ACCORDANCE WITH THE APPLICABLE LAWS. IF THE USE OF THE TRACKING PROGRAM IS NOT PERMISSIBLE UNDER YOUR APPLICABLE LAWS, YOU MUST NOT UPLOAD A POSTING REQUIRING THAT THE FREELANCER USE THE TRACKING PROGRAM.
  3. Collection and Storage by Veyley.
  4. Subject to the terms of the General Terms and Conditions and the Privacy Policy, the information collected pursuant to Time Tracking shall be retained by Veyley for use by Principal and Freelancers for the purpose of any dispute resolution between them. The information collected pursuant to the GPS Tracking shall not be retained by Veyley and shall be deleted upon the Freelancer disabling the Tracking Program.
  5. Access to Information by Freelancer and Principal

Both the Freelancer and the Principal shall have access to the following information:

  • With respect to the information under Time Tracking, all collected information during and after the work assignment;
  • With respect to the information under GPS Tracking, a visual representation of the Freelancer’s location as a pin on the map of the last known GPS coordinate of the Freelancer, during the work assignment.
  1. Disclaimer of Warranties/Limitation of Liability
    • YOUR USE OF THE INFORMATION COLLECTED UNDER TRACKING PROGRAM IS AT YOUR OWN RISK. OTHER THAN OUR EXPLICIT REPRESENTATIONS AND WARRANTIES OUTLINED HEREIN, TRACKING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, SERVICES OR APPS. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT:
      • (i) TRACKING PROGRAM DOES NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY;
      • (ii) TRACKING PROGRAM WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE;
      • (iii) TRACKING PROGRAM WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY;
      • (iv) ANY DEFECTS IN TRACKING PROGRAM WILL BE CORRECTED; AND,
      • (v) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT. TRACKING PROGRAM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO TRACKING PROGRAM AT ANY TIME.
    • IN NO EVENT SHALL VEYLEY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH:
      • (i) YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY US ON TRACKING PROGRAM;
      • (ii) YOUR USE OF OR INABILITY TO USE TRACKING PROGRAM;
      • (iii) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS;
      • (iv) ANY FAILURE OF PERFORMANCE OF TRACKING PROGRAM, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR
      • (v) ANY OTHER MATTERS RELATING TO TRACKING PROGRAM, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES. THE LIMITATIONS ON VEYLEY’S LIABILITY OR THE LIABILITY OF ASSOCIATED PERSONS TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT VEYLEY OR SUCH ASSOCIATED PERSONS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    • WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
  2. Indemnity

You agree at all times to defend, indemnify and hold harmless Veyley, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of Tracking Program, or from your violation of these TToS, including your failure to appropriately obtain Consent from a third party, or breach of any of your representations and warranties set out herein. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Tracking Program, including but not limited to trademark infringement or other intellectual property claims from third parties.

  1. System Security

You are prohibited from using any services or facilities provided in connection with Tracking Program to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these TToS and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these TToS.

  1. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these TToS, including any disputes relating to Tracking Program, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration will be conducted by one arbitrator and the seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The decision of the arbitrator shall be final and binding upon the parties hereto.

  1. Governing Law; Jurisdiction

These TToS and any action related thereto or related to Tracking Program shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. Subject to Section 10, you agree that any action at law or in equity arising out of or relating to these TToS or your use of Tracking Program will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of Tracking Program is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or Tracking Program in any such circumstances.

  1. Paramountcy

The terms of the General Terms and Conditions and the Privacy Policy, to the extent applicable, are incorporated into this TToS.  In case of conflict between the provisions of this TToS and those of the General Terms and Conditions and/or the Privacy Policy, the General Terms and Conditions and/or Privacy Policy, as applicable, shall prevail. 

  1. Headings

The headings used in these TToS are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these TToS.

  1. Language

You agree that English will be the language of our Site and of all transactions occurring in connection with our Services and App, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these TToS have been drawn up in English.