Last updated: December 2024
1. Introduction
Welcome to On The Day ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the On The Day mobile application and website (collectively, the "Platform"), which connects temporary workers ("Workers") with businesses seeking to hire them ("Employers").
By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.
2. Eligibility
To use our Platform, you must:
- Be at least 18 years of age
- Be legally permitted to work in the United Kingdom
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete registration information
- Maintain the security of your account credentials
3. Account Registration
3.1 Creating an Account
To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account.
3.3 Verification
Workers may be required to complete identity verification, including providing government-issued identification and undergoing background checks. Employers may be required to verify their business credentials.
4. Platform Services
4.1 For Workers
Workers can use the Platform to:
- Create a professional profile showcasing skills and experience
- Set availability for temporary work
- Browse and apply for job opportunities
- Communicate with potential Employers
- Receive payments for completed work
- Build a reputation through reviews and ratings
4.2 For Employers
Employers can use the Platform to:
- Post job opportunities
- Search for and invite Workers
- Review Worker profiles, ratings, and qualifications
- Communicate with Workers
- Process payments through the Platform
- Permanently recruit Workers (subject to fees)
5. Payments and Fees
5.1 Worker Payments
Payments to Workers are processed through our secure payment system. Employers must fund jobs before Workers can begin. Payments are released to Workers upon confirmation of job completion.
5.2 Platform Fees and Job Tokens
On The Day currently operates a token-based model for Employers. Employers purchase or are allocated Job Tokens, and one Job Token is locked for each worker when a booking is confirmed. If the job does not go ahead or is cancelled in accordance with our cancellation rules, the token is released. If the job is completed and confirmed, the token is consumed. Current pricing and token packages are described on our Pricing page and may be updated from time to time.
5.3 Permanent Recruitment Fees
If an Employer wishes to permanently recruit a Worker they have engaged through the Platform, a separate placement fee or agreed flat fee may apply. Any such fees will be agreed with you in advance and set out on the Platform or in a written agreement before the recruitment is finalised.
6. User Conduct
You agree not to:
- Provide false or misleading information
- Violate any applicable laws or regulations
- Harass, abuse, or discriminate against other users
- Circumvent the Platform to avoid fees
- Use the Platform for any illegal purposes
- Attempt to gain unauthorised access to the Platform
- Interfere with the proper operation of the Platform
- Copy, modify, or distribute Platform content without permission
7. Intellectual Property
The Platform and its original content, features, and functionality are owned by On The Day and are protected by international copyright, trademark, and other intellectual property laws.
8. Disclaimers
The Platform is provided "as is" without warranties of any kind. We do not guarantee the quality, reliability, or suitability of Workers or Employers. We are not responsible for disputes between users.
9. Limitation of Liability
To the maximum extent permitted by law, On The Day shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
10. Data Protection and Privacy
We process personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our use of your personal data, including data collected via our early access / waitlist forms, is explained in detail in our Privacy Policy, which forms part of these Terms. By using the Platform or joining our waitlist, you acknowledge that you have read our Privacy Policy.
You are responsible for ensuring that any personal data you provide to us about other individuals (for example, where you provide contact details for colleagues) is shared in compliance with data protection law, including having any necessary notices and consents in place.
11. Dispute Resolution
Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with UK law, unless otherwise required by applicable consumer protection laws.
12. Termination
We may suspend or terminate your account at our discretion for violations of these Terms. You may also close your account at any time through the app settings.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Platform. Continued use after changes constitutes acceptance of the modified Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
15. Contact Us
If you have questions about these Terms, please contact us at:
- Email: support@ontheday.co.uk
- Address: On The Day Ltd, [Address], United Kingdom