Last Updated: June 2020

Welcome to tmwrk !
Please read these terms and conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the tmwrk platform, you expressly agree to comply with and be bound by these terms and all applicable laws and regulations governing the platform. Tmwrk Ltd. reserve the right to change these terms and conditions at any time, effective immediately upon publishing on the platform. We recommend you check this page periodically to ensure you are aware of our current terms. If you violate these terms, Tmwrk Ltd. may terminate your use of the platform, bar you from future use, cancel your jobs/applications, and/or take appropriate legal action against you. You may not access and/or use the tmwrk platform or accept these terms if you are not at least 18 years of age.

Introduction

We are Tmwrk Limited, trading as “tmwrk”, with an address at First Floor, 42 Upper Abbeygate Street, Galway, Ireland.
We operate the tmwrk platform in order to provide a network between sports clubs and physiotherapists in relation to jobs. We enable sports clubs to advertise jobs to physiotherapists. We also commission the payment process via our payment processor Stripe. We are not an employment agency or labour hire business. Physiotherapists are independent third party contractors; they are not our employees, contractors, partners or agents. We accept no liability for any aspect of the sports club and physiotherapist interaction, including but not limited to the description of jobs offered and the performance of physiotherapy services.

1. Provision of features to sports clubs

  • The following sets out the steps involved in a sports club using the tmwrk platform:
    In order to post a job, a sports club must create their profile and set up a Stripe account.
  • When creating a job, a sports clubs must provide all the relevant details of the job, in particular the club must specify the amount to be paid to the physiotherapist on successful completion of the job.
  • After all the details have been provided, the sports club will list the job on the jobs feed. The job will then be accessible to the physiotherapists and available physiotherapists will be able to apply to work the job.
  • Sports clubs can view the profile of each applicant and choose which physiotherapist to hire. The physiotherapist will have 24 hours to accept the offer. If the chosen physiotherapist declines the job or does not accept the offer within the timeframe allowed, the club may choose a different applicant.
  • The sports club will be notified if and when the physiotherapist accepts the job. At that point, tmwrk will provide a call option if you need to contact your physiotherapist prior to the event start time.
  • Sports clubs must notify the physiotherapist of any changes to the job details (time, location, date etc.) by means of a phone call at the earliest possible convenience. If the physiotherapist is unable to work the job under the new conditions and the club wishes to hire a different physiotherapist they must cancel the current job and create a new listing.
  • In the event of a job being cancelled by either the sports club or the physiotherapist, the club must contact tmwrk by email at info@tmwrk.app to discontinue the listing otherwise the club may still be charged.
  • When a job has been successfully completed by the physiotherapist, the club will automatically be charged. If for any reason the club believes that a payment should not be processed they must contact tmwrk by email at info@tmwrk.app within 7 days of the completed job. We will investigate the issue from there.
  • All payments must be made via the app and any payment made outside of the app will constitute a breach of these terms.
  • Sports clubs and physiotherapists will be asked to rate one another on completion of the job. Each party must provide true, fair and accurate information in their review. Ratings reflect the opinions of individual users and do not reflect the opinion of tmwrk. Ratings are not verified by tmwrk nor are we responsible for any ratings that may be incorrect or misleading.

2. Provision of features to physiotherapists

  • The following sets out the steps involved in a physiotherapist using the tmwrk platform:
    In order to find a job, a physiotherapist must create a profile and set up a Stripe account.
  • Prior to applying for a job a physiotherapist must be verified to work by tmwrk. When creating a profile the physiotherapist will be asked to provide proof of current governing body membership, insurance, first aid certification and an official I.D. The physiotherapist will receive a green verification badge once tmwrk reviews their documents and confirms their eligibility to work.
  • Once verified a physiotherapist will be able to view and apply for jobs. In order to have access to all available jobs physiotherapists must have an active subscription to tmwrk. This can be paid on a monthly or annual basis.
  • When a physiotherapist applies for a job, the sports club is then free to view their profile, hire or ignore the application
  • Once a physiotherapist has been offered a job they must confirm whether they accept or decline the offer within 24 hours. If no action is taken the offer will expire and the club will choose a different applicant.
  • If and when a physiotherapist accepts the job, tmwrk will provide a call option should you need to contact the club prior to the event start time.
    If a physiotherapist wishes to cancel a job they must contact the club by means of a phone call at the earliest possible convenience.
  • If a physiotherapist fails to show for a job that they have accepted without reasonable cause, or wrongfully endeavours to be paid for a job that they did not work, they may be removed from the platform, barred from future use, have jobs/applications cancelled, and/or take appropriate legal action against them.
  • After the job is finished the physiotherapist must complete the job in app. The physiotherapist will be paid 7 days after completion of the job. All payments must be made via the app and any payments made outside of the app will constitute a breach of these terms.
  • Sports clubs and physiotherapists will be asked to rate one another on completion of the job. Each party must provide true, fair and accurate information in their review. Ratings reflect the opinions of individual users and do not reflect the opinion of tmwrk. Ratings are not verified by tmwrk nor are we responsible for any ratings that may be incorrect or misleading.

3. Fees and payments

  • Payment processing transactions are provided by Stripe, and are subject the Stripe Services Agreement, which includes the Stripe Connected Account Agreement. By agreeing to these terms you agree to be bound by the Stripe Services Agreement which may be modified by Stripe from time to time.
  • In order to make and receive payments you will be asked to set up a Stripe account. All payment information will be processed through that account. Any personal information you submit during the on boarding process will be controlled by Stripe.
  • Users acknowledge that all payments must be made exclusively through the app. Any payments from sports clubs to physiotherapists made outside of the app shall constitute a breach of these terms.
  • Clubs will be charged a processing fee which will be calculated and published at the point of creating a job. This will be a percentage fee based on the amount they choose to pay per job. It will cover all of the transaction costs involved with Stripe.
  • Physiotherapists will pay a monthly or annual subscription fee. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged the fee. You can cancel your subscription at any time. Payments are non-refundable and we do not provide refunds any partial month subscription periods.
  • Each physiotherapist is responsible for complying with any applicable laws including applicable tax obligations relating to jobs.

4. Misconduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our platform or which apply to you or your use of our platform; anything which we would consider inappropriate; or anything which might bring us or our platform into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our platform to defame, harass, threaten, menace or offend any person, including us;
  • creating fake or fraudulent accounts or profiles, or misrepresenting your identity on the Platform;
  • interfering with any user using our platform;
  • tampering with or modifying our platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
  • using our platform to find a clinic or practitioner and then completing a transaction independent of our platform in order to circumvent the obligation to pay any fees related to our provision of the platform;
  • as a physio, offering any services that you are not qualified to provide or for which you are not insured;
  • as a club, making any offers of engagement or employment to physiotherapists that you cannot provide, or failing to pay a physiotherapist for services they have provided; or
  • facilitating or assisting a third party to do any of the above acts.

5. Prohibited content

The following is a partial list of the kind of content that is illegal or prohibited on the app. It includes content that:

  • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
  • harasses or advocates harassment of another person;
    involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

6. Indemnity

You agree to indemnify and hold Tmwrk Ltd, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the app, including also your use of the app to provide a link to another app or to upload content or other information to the App.

7. Disclaimers

Tmwrk Ltd. does not promise that the app will be error-free, uninterrupted, nor that it will provide specific results from use of the app. The app and its content are delivered on an “as-is” and “as-available” basis. Tmwrk Ltd disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Tmwrk Ltd will not be liable for any damages of any kind arising from the use of this app, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Tmwrk Ltd. makes no guarantee of any specific result from use of this app or use of the tmwrk service. Tmwrk Ltd. disclaims any and all liability for the acts, omissions and conduct of any third party users, tmwrk users, advertisers and/or sponsors on the app, in connection with the tmwrk service or otherwise related to your use of the app. Tmwrk Ltd. is not responsible for the products, services, actions or failure to act of any club, physio, or other third party in connection with or referenced on the app. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the app to tmwrk via email at support@tmwrk.app. Tmwrk Ltd. may investigate the claim and take appropriate action, in its sole discretion.

8. Copyright Policy

We will terminate the privileges of any user who uses this app to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit content to this app, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this app as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access this app. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the app prior to that time if we believe that the alleged infringement has occurred.