Terms and Conditions
Welcome to Hustle. Thank you for using the Hustle App, an online, android and iOS based platform that allows the posting of short term missions.
Please read these TERMS AND CONDITIONS (T&Cs) prior to completing the registration for an account with Hustle. The following T&Cs shall govern the terms under which you may access and use the Hustle App and the services associated with it. By registering to Hustle or using the Hustle App, you accept and agree to be legally bound by the T&Cs.
Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform immediately.
These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or Hustle, except for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.
Hustle reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using Hustle after any changes have been made, you signify your agreement on a prospective basis to the modified T&Cs and all the changes. Be sure to turn to this page periodically to ensure familiarity with most current version of the T&Cs. Under these T&Cs, the terms “Hustle”, “we”, “us”, and “our” refer to Hustle PH together with its employees, directors, affiliates, successor and assigns.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Hustle in the user interface of the app.
Services
In order to access the Services, you are required to register for an account with Hustle (the “Account”) and set up a personal profile.
As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, interests etc). You will also be requested to provide Hustle with an email address; password, and payment/settlement details;
Hustle may provide you with an opportunity to register for an account by using details you have provided to third parties such as Google or Facebook. Where you choose to register for an account through this method, you acknowledge and agree that Hustle will need to exchange personal information with those third parties.
You agree that any registration information you give to Hustle will always be accurate, correct and up to date.
Once you have completed the registration process you will be a registered member (the “Member”) and agree to be bound by these Terms.
You may not use the Services and may not accept the Terms if: you are not of legal age to form a binding contract with Hustle; or if you are a person barred from receiving the Services under the laws of the Philippines.
Account obligations
1. As a Member, you agree to comply with the following:
1. not to share your profile with any other person;
2. use the Services only for purposes that are permitted by the Terms;
3. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of access to the app and its services;
4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hustle of any unauthorized use of your password or email address or any breach of security of which you have become aware;
5. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
6. you agree not to harass, impersonate, stalk, threaten another Member of the Platform;
7. access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;
8. you will not use the Services or Platform for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform;
9. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Hustle for any illegal or unauthorized use of the Platform;
As a member, you acknowledge that you will be engaged as an independent contractor and that you are solely responsible for taking this into consideration in respect to any tax or insurance obligations that you hold when engaging in the Services.
Using the Services as a shopper/auditor
As a shopper, the App provides you with the opportunity to: view Missions posted by Merchants; express an interest in specific Missions for which you would like to be engaged; signup for Missions; complete the missions by answering questions or completing set tasks; and receive payment from Hustle for performing the Mission (the “Mission Fee”).
You acknowledge that the Missions can be cancelled or rejected by the Merchants. You acknowledge that, in using the Services, you are not employed by Hustle or the Merchant in any capacity and, accordingly, you do not have any rights as an employee or agent of Hustle.
You agree that when reviewing the Missions, interacting with the Merchant, or completing the Mission, or anytime thereafter; you will: comply with all laws and regulations which apply to the Mission. This includes, but is not limited to: the Consumer Guarantees with respect to services, that being that the Mission will completed with due care and skill; any work you provide will be fit for a particular purpose; and that the Mission will be completed within a reasonable period of time if no time is set; and you not misleading or deceiving the Merchants regarding any facet of your experience or qualifications;
By Hustle offering the Services to you, you acknowledge and agree that: The Merchant will pay a percentage of the Mission Fee to Hustle as commission for the provision of your services to the Merchant (the “Commission”); Payment for services will be automatically seeded to your nominated settlement details upon mission validation. The Payment will be transferred to you less any merchant banking service charges (the “Service Charge”) incurred in the course of transferring the Payment to you.
In consideration of the services provided, Hustle agrees to pay a grossed-up service fee to ensure that the service provider receives the full net amount as agreed, after the deduction of applicable withholding tax. This gross-up calculation will be conducted in such a way that the service provider receives the quoted service fee net of withholding tax, with Hustle bearing the responsibility for any additional withholding tax liability that results from this arrangement. It is expressly understood that the total payment from Hustle, including the gross-up amount for withholding tax, constitutes the complete and total compensation due to the service provider under this agreement.
Engagement as an Independent Contractor
1. You acknowledge and agree that in arranging to perform the Mission for the Merchant, you are not employed by either Hustle or the Merchant in any capacity and are not entitled to any rights as an employee in relation to same.
2. You understand that, in performing the Mission, you will be engaged solely as an Independent Contractor by Hustle and that this may, where applicable, carry with it certain obligations including but not limited to:
1. obtaining an Philippine mobile number;
2. providing and using your own tools;
3. paying your own tax;
3. You warrant that in using the Services, you have taken all reasonable steps to ensure that you are able to be engaged as an Independent Contractor.
Obligations as an Independent Contractor
1. Confidential Information
1. By accepting these Terms, and arranging to perform Missions through the Services, the Shopper acknowledges and agrees that they will not, during the course of the Mission or thereafter, except with the consent of Hustle, as required by law or in the performance of their duties, use or disclose confidential information relating to the business of Hustle and/or the Merchant, including but not limited Merchant lists, trade secrets, Merchant and supplier details, pricing structures, Hustle or the Merchant’s financial information or results, any information with respect to Hustle or the Merchant’s plans, strategies and forecasts and all documents created by the Shopper during the course of the Mission (the “Confidential Information”).
2. The Confidential Information remains the sole property of Hustle, who may also hold it on behalf of the Merchant. The Mission shall not either during or after the Mission, without the prior consent of Hustle, directly or indirectly divulge to any person or use the Confidential Information for his or her own or another’s benefit.
2. Intellectual Property
1. In engaging with Hustle to perform the Mission, the Shopper may create or have access to Intellectual Property Rights in relation to the work performed as part of the Mission. For the avoidance of doubt, Intellectual Property Rights means all past, present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created directly or indirectly during the performance of the Mission (the “Intellectual Property Rights”).
2. The Shopper recognizes that all Intellectual Property Rights are the property of Hustle and the Shopper agrees to take all such steps as practicable to ensure that the Intellectual Property Rights will vest in, and remain vested, in Hustle during and after the course of the Mission.
3. The Shopper assigns to Hustle all and any Intellectual Property Rights created, written, developed or otherwise brought into existence by the Shopper during the course of the Mission or whilst using either Hustle or the Merchant’s facilities, or otherwise.
4. The Shopper warrants that Hustle owns the Intellectual Property created by the Shopper in the course of the Mission and hereby expressly authorizes Hustle to use all or any such work and the Shopper agrees that it does not have any right or interest in respect of any Intellectual Property currently being used or capable of being used in Hustle or the Merchant’s business.
5. The Shopper hereby indemnifies and agrees to keep indemnified Hustle against all liability, losses or expenses incurred by Hustle in relation to or in any way directly or indirectly connected with any breach of these Terms.
6. The Shopper agrees to sign all documents and take all necessary steps to assign the Intellectual Property Rights to Hustle when requested to do so by Hustle.
Separability Clause
Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
Reserved Rights
Hustle at its sole discretion but without obligation, the right to:
• deny access to and / or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold Hustle free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services;
• collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any member, explicitly or implicitly to and through the Hustle App, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Hustle free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services;
• enhance, improve, develop and introduce new features and functionalities to the Hustle App at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Hustle App shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
• verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Hustle to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Hustle’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Hustle, provide the latter with certified digital or printed copies of the said information;
• send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Hustle App. Hustle makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Hustle free from any liability and/or claims for indemnification or damages that may arise therefrom;
• to limit the provision, availability, quantity and quality of any feature, product or service to any member or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
