TempStars Terms of Service
Last Updated: June 23, 2024
Table of Contents
- Introduction
- Definitions
- Platform Role and Relationships
3.1 Platform Definition
3.2 Nature of Relationships
3.3 Independent Decision-Making
3.4 Non-Exclusivity and Freedom of Engagement
3.5 Platform Fees and Payments - Platform Access and Payment Processing
4.1 Technology Platform Access Fees
4.2 Optional Payment Processing Service
4.3 Payment Terms and Platform Usage
4.4 Legal Compliance and Tax Responsibilities
4.5 Platform Access Control - Cancellation Policy
5.1 Definitions
5.2 Compensation Policy for Short-Notice Cancellations
5.3 Cancellation Procedures
5.4 Dispute Resolution for Cancellations - Account Policies
6.1 Account Creation and Management
6.2 Account Security
6.3 Account Termination and Inactivity
6.4 Data and Content Management
6.5 Multiple Accounts and Violations - Legal Terms
7.1 Warranties and Disclaimers
7.2 Limitation of Liability
7.3 Indemnification - Dispute Resolution
8.1 Arbitration Agreement
8.2 Class Action Waiver
8.3 Governing Law
8.4 Exceptions to Arbitration
8.5 Time Limitations - User Responsibilities and Conduct
9.1 Professional Conduct
9.2 Content Guidelines
9.3 Prohibited Activities
9.4 Reporting Misconduct - Intellectual Property and Content
10.1 Ownership of Content
10.2 License Granted by Users
10.3 Prohibited Use of Intellectual Property
10.4 DMCA Compliance (For U.S. Users)
10.5 Feedback - Privacy Policy
11.1 Overview
11.2 Key Points
11.3 User Responsibilities
11.4 Changes to the Privacy Policy - Regional Provisions
12.1 Alberta Employment Agency Business Licensing Regulation
12.2 United States Specific Provisions
12.3 International Users - Changes to the Terms
13.1 Modification of Terms
13.2 Acceptance of Changes
13.3 Right to Terminate - Miscellaneous
14.1 Entire Agreement
14.2 Severability
14.3 Assignment
14.4 No Waiver
14.5 Language - Contact Information
1. Introduction
Welcome to TempStars! These Terms of Service (“Terms”) govern your access to and use of the TempStars platform, including our website, mobile applications, and any other services we offer (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, please do not use our Services.
Important Notice Regarding Ontario Licensing Requirements: Effective July 1, 2024, Ontario implemented new licensing requirements for Temporary Help Agencies (THAs) and recruiters under the Employment Standards Act, 2000 (ESA). TempStars operates as a technology platform that facilitates direct connections between dental offices and dental professionals, and does not function as either a THA or recruiter under these regulations.
2. Definitions
- “TempStars,” “we,” “us,” or “our” refers to Sudden Turtle Dental Consulting Inc., doing business as TempStars.
- “Platform” refers to the TempStars digital platform, including the website and mobile applications.
- “Dental Professionals” refers to registered dental hygienists, dental assistants, and other dental support personnel using the Platform to find work opportunities.
- “Dental Offices” refers to dentists, dental practices, or other entities seeking to hire Dental Professionals for temporary or permanent positions.
- “Users” collectively refers to both Dental Professionals and Dental Offices, as well as any unregistered individuals browsing the Platform.
- “Services” refers to all services provided by TempStars through the Platform.
- “Content” refers to all information, data, text, graphics, videos, or other materials uploaded, downloaded, or appearing on the Services.
- “User Content” refers to any content that Users submit, post, or transmit on or through the Services.
- “Platform Fees” refers to the fees charged by TempStars for platform access and premium features, which are not based on employment placements or compensation.
- “Payment Processing Service” refers to the optional service provided by TempStars to facilitate direct payments between Dental Offices and Dental Professionals.
- “Temporary Help Agency (THA)” refers to an entity that employs individuals and assigns them to perform temporary work for clients, as defined under the ESA.
- “Recruiter” refers to a person or entity that, for a fee, finds or attempts to find employment in Ontario for prospective employees or assists employers in hiring individuals, as defined under the ESA.
3. Platform Role and Relationships
3.1 Platform Definition
TempStars is a specialized digital platform that facilitates direct connections between Dental Offices and Dental Professionals, functioning similarly to a job board or classified advertising service. We explicitly operate as a technology service provider and not as:
- A Temporary Help Agency (THA) under the ESA or similar legislation
- A recruiter or employment agency
- An employer of Dental Professionals
- An intermediary in employment relationships
3.2 Nature of Relationships
- Independent Platform:
- TempStars does not employ, assign, or deploy Dental Professionals
- We do not maintain any employment relationships with Dental Professionals
- All employment relationships exist solely between Dental Offices and Dental Professionals
- We do not participate in the selection or matching process
- Direct Connections:
- Dental Professionals view and apply for opportunities directly through the Platform
- All communications occur directly between Dental Offices and Dental Professionals
- TempStars does not intervene in or influence employment terms or decisions
3.3 Independent Decision-Making
- Dental Professionals:
- Set their own rates and terms of compensation
- Choose which opportunities to pursue on their own accord
- Determine their own availability
- Make their own employment decisions independently
- Search for and apply to listings without direction from TempStars
- Are responsible for their own conduct and decisions while at a dental office
- Dental Offices:
- Post opportunities directly on the Platform
- Set their own terms and conditions for positions
- Make their own hiring decisions
- Establish their own employment relationships without TempStars’ involvement
- No Guarantee or Assurances
- While it is TempStars’ dedication to operate a predictably trustworthy technology platform, TempStars does not offer any guarantee or assurance regarding the quality, availability, fulfillment of needs, licensing, skill level or qualifications of Dental Professionals. Decisions about which dental professionals to engage with, and the nature of that engagement are solely at the discretion of the dental office and the dental professionals.
3.4 Non-Exclusivity and Freedom of Engagement
- Users maintain complete freedom to:
- Use other platforms or services similar to TempStars
- Engage with each other outside the Platform
- Form direct employment relationships without TempStars’ involvement
- No finder’s fees or restrictions on permanent hiring
- No exclusivity requirements for either party
- Note: For temporary shifts where the initial connection was made through TempStars, our Platform Fees apply regardless of whether the shift is arranged through the Platform or directly.
3.5 Platform Fees and Payments
- Fees are strictly for platform access and premium features
- We do not charge based on placement success or as a percentage of compensation
- The Payment Processing Service is optional and provided for convenience
- When used, payments are transferred directly to Dental Professionals without holding periods
- TempStars does not participate in negotiating compensation or employment terms
Note: Users should conduct their own due diligence regarding tax and employment laws, as these Terms do not constitute legal or tax advice. Always consult with appropriate legal and tax professionals for guidance based on your specific situation.
4. Platform Access and Payment Processing
4.1 Technology Platform Access Fees
- Platform Access:
- Fees are charged solely for access to TempStars’ technology platform and its features
- These fees are not recruitment, placement, or employment fees
- Fees provide access to tools that enable Users to make their own direct connections
- Temporary Shift Platform Usage:
- A technology access fee applies when Users utilize the platform’s features for temporary shift arrangements
- This fee is for platform usage only and is not a placement or recruiting fee
- The fee applies to platform usage regardless of how the shift is ultimately scheduled
- Permanent Positions:
- TempStars does not charge any fees related to permanent hiring
- Users may freely engage in direct hiring without any placement fees or restrictions
- We do not participate in or charge for permanent placement arrangements
4.2 Optional Payment Processing Service
- Technology Service Only:
- TempStars offers an optional payment processing feature through our technology platform
- This service is provided solely as a convenience to Users
- Users are free to arrange their own payment methods outside the platform
- Direct Payment Facilitation:
- The platform processes payments directly from Dental Offices to Dental Professionals
- TempStars does not:
- Hold or escrow funds
- Control payment timing
- Influence payment amounts
- Negotiate payment terms
- Independent Transaction Processing:
- This service operates as a pure technology solution
- No employment or agency relationship is created through its use
- Users maintain complete control over all payment terms and arrangements
4.3 Payment Terms and Platform Usage
- Direct Payment Responsibility:
- Dental Offices are solely responsible for paying Dental Professionals
- Payment terms are agreed upon directly between Users
- TempStars does not participate in payment negotiations or terms
- Platform Payment Processing:
- When using the optional payment processing feature:
- Payments flow directly from Dental Office to Dental Professional
- TempStars serves only as a technology facilitator
- No funds are held or controlled by TempStars
- When using the optional payment processing feature:
- Payment Issue Resolution:
- Users are expected to resolve payment matters directly
- TempStars may provide limited technical support for platform-related issues
- We do not:
- Mediate payment disputes
- Guarantee payments
- Enforce payment terms
- In cases of non-payment through the platform:
- Written notice will be provided 48 hours before any automated processing
- Platform access may be suspended
- Users retain responsibility for resolving payment matters directly
4.4 Legal Compliance and Tax Responsibilities
- Independent Compliance Obligations:
- Users are independently responsible for:
- Understanding applicable laws and regulations
- Managing tax obligations
- Maintaining appropriate insurance
- Ensuring proper worker classification
- Following employment standards
- Users are independently responsible for:
- Tax and Legal Matters:
- TempStars does not:
- Provide tax advice
- Offer legal guidance
- Make employment classification determinations
- Manage employment relationships
- TempStars does not:
- Professional Consultation:
- Users should independently consult with:
- Legal professionals
- Tax advisors
- Employment specialists
- Insurance providers
- Professional guidance should be sought for specific situations and jurisdictions
- Users should independently consult with:
4.5 Platform Access Control
- Service Availability:
- TempStars maintains the right to:
- Suspend platform access for Terms violations
- Modify platform features and functionality
- Update fee structures for platform access
- Users will be notified of material changes to:
- Platform access terms
- Technology service fees
- Payment processing features
- TempStars maintains the right to:
Note: This section describes technology platform access and payment processing features only. TempStars operates solely as a technology platform provider and not as a Temporary Help Agency, recruiter, or employment agency under applicable laws, including the Employment Standards Act, 2000 (ESA) or similar legislation.
5. Cancellation Policy
5.1 Definitions
- Short-Notice Cancellation: A cancellation made by a Dental Office less than 24 hours before the scheduled start time of a confirmed shift.
- Acceptable Cancellation Methods: Cancellations must be submitted through the Platform or via direct communication with the affected party, ensuring timely notification.
5.2 Compensation Policy for Short-Notice Cancellations
- Dental Offices:
- If a Dental Office cancels a confirmed shift with less than 24 hours’ notice and a replacement shift cannot be secured for the Dental Professional, the Dental Office agrees to compensate the Dental Professional as follows:
- Compensation Formula:Compensation=(0.5×Booked Hours−0.5 hours)×Agreed Hourly Rate\text{Compensation} = \left( \frac{0.5 \times \text{Booked Hours}}{} – 0.5 \text{ hours} \right) \times \text{Agreed Hourly Rate}
- Example:
- For an 8-hour shift at $40/hour:(0.5×8−0.5)×$40=(4−0.5)×$40=3.5×$40=$140\left( \frac{0.5 \times 8}{ } – 0.5 \right) \times \$40 = (4 – 0.5) \times \$40 = 3.5 \times \$40 = \$140
- Payment Processing:
- The Dental Office authorizes TempStars to process the compensation payment using the credit card on file.
- Payment will be processed within 24 hours of the canceled shift.
- Note: No TempStars Platform Fee applies to canceled shifts.
- If a Dental Office cancels a confirmed shift with less than 24 hours’ notice and a replacement shift cannot be secured for the Dental Professional, the Dental Office agrees to compensate the Dental Professional as follows:
5.3 Cancellation Procedures
- Dental Offices:
- Must notify the Dental Professional and TempStars of any cancellations as soon as possible.
- Notifications should be made through the Platform or via direct communication channels provided.
- Dental Professionals:
- Should acknowledge receipt of cancellation notices promptly.
- If a Dental Professional needs to cancel a confirmed shift, they must notify the Dental Office and TempStars immediately.
5.4 Dispute Resolution for Cancellations
- Payment Disputes:
- Users are encouraged to resolve disputes directly in a professional manner.
- If a resolution cannot be reached, Users may contact TempStars for limited assistance; however, TempStars is not responsible for mediating disputes or guaranteeing outcomes.
- Appeals:
- Dental Professionals or Dental Offices may appeal compensation decisions by providing relevant documentation or evidence within 5 business days of the cancellation.
6. Account Policies
6.1 Account Creation and Management
- Single Account Policy:
- Dental Professionals are permitted only one (1) active account on the Platform.
- Each Dental Office Location must maintain a separate account.
- Account Sharing:
- Sharing of accounts between multiple users is strictly prohibited.
- Users may not create accounts on behalf of others.
- Registration Data:
- Users agree to provide accurate, current, and complete information during registration.
- Users must update their information as necessary to maintain its accuracy.
6.2 Account Security
- Password and Access:
- Users are responsible for maintaining the confidentiality of their account credentials.
- Users agree to notify TempStars immediately of any unauthorized use of their account.
- Unauthorized Access:
- TempStars is not liable for any loss or damage arising from unauthorized access to a User’s account.
- Users are responsible for all activities that occur under their account.
6.3 Account Termination and Inactivity
- Grounds for Suspension or Termination:
- Violation of any terms outlined in this Agreement.
- Prolonged inactivity of two (2) months or more.
- Engaging in prohibited activities or misconduct.
- Procedures:
- TempStars will notify Users via email before suspending or terminating an account due to inactivity or violations.
- Users may contact TempStars to appeal suspensions or terminations within 10 business days of receiving notice.
- Post-Termination Obligations:
- Users remain responsible for any outstanding fees or charges incurred prior to termination.
- Sections related to payments, liabilities, and indemnifications survive termination.
6.4 Data and Content Management
- User Content:
- Users retain ownership of all content they submit to the Platform.
- By submitting content, Users grant TempStars a non-exclusive license to use, display, and reproduce the content as part of the Services.
- Privacy and Confidentiality:
- Users must respect the privacy and confidentiality of others.
- Sharing of personal or sensitive information without consent is prohibited.
- Content Removal:
- TempStars reserves the right to remove or modify User Content that violates these Terms or is deemed inappropriate.
6.5 Multiple Accounts and Violations
- Prohibited Activities:
- Creating duplicate or multiple accounts.
- Sharing account credentials.
- Using another User’s account without authorization.
- Enforcement:
- Discovery of multiple accounts may result in:
- Immediate suspension of all associated accounts.
- Investigation of activities.
- Possible permanent removal from the Platform.
- Discovery of multiple accounts may result in:
- Appeals:
- Users may appeal account actions by providing a valid reason and supporting documentation.
7. Legal Terms
7.1 Warranties and Disclaimers
- “As Is” Basis: The Platform, Services, and all Content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.
- No Warranty of Accuracy: TempStars does not warrant that:
- The Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- The information provided through the Services is accurate, reliable, complete, or timely.
- Any defects or errors will be corrected.
- No Guarantee of Employment: TempStars makes no representation or guarantee regarding the availability, suitability, or qualifications of any Dental Professional or Dental Office.
- Third-Party Content: TempStars is not responsible for any content posted by Users or third parties and does not endorse any opinions expressed by Users.
7.2 Limitation of Liability
- Indirect Damages: To the fullest extent permitted by law, TempStars shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
- Liability Cap:
- For Canadian Users: TempStars’ total liability to any User for any claim arising out of or relating to these Terms or the use of the Services shall not exceed the lesser of CAD $100 or the total amount paid by the User to TempStars in the twelve (12) months preceding the claim.
- For United States Users: TempStars’ total liability to any User for any claim arising out of or relating to these Terms or the use of the Services shall not exceed the lesser of USD $100 or the total amount paid by the User to TempStars in the twelve (12) months preceding the claim.
- Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
7.3 Indemnification
- User Agreement to Indemnify:
- Users agree to indemnify, defend, and hold harmless TempStars and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
- The User’s access to or use of the Platform, Services, or Content.
- The User’s violation of these Terms.
- The User’s interaction with any other User, including but not limited to any employment or contractual relationship.
- The User’s violation of any rights of a third party, including intellectual property, confidentiality, or privacy rights.
- The User’s violation of any applicable laws, rules, or regulations.
- Users agree to indemnify, defend, and hold harmless TempStars and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
- Notification and Cooperation: TempStars will provide notice to you of any such claim, suit, or proceeding. Users agree to cooperate fully with TempStars in the defense of any claim.
8. Dispute Resolution
8.1 Arbitration Agreement
- Binding Arbitration:
- All disputes, controversies, or claims arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration.
- For Canadian Users:
- Location: Arbitration shall be conducted in the Province of Ontario, Canada.
- Rules: Pursuant to the Arbitration Act, 1991 of Ontario.
- Confidentiality: The arbitration proceedings shall be kept confidential.
- For United States Users:
- Administrator: Arbitration shall be administered by the American Arbitration Association (“AAA”).
- Rules: In accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
- Location: Conducted in the county and state where you reside, unless both parties agree otherwise.
- Confidentiality: All aspects of the arbitration shall be confidential.
- Arbitration Award:
- Any decision or award as a result of arbitration shall be in writing and shall include an explanation of all conclusions of law and fact.
- Judgment on the arbitration award may be entered in any court having jurisdiction.
8.2 Class Action Waiver
- Individual Claims Only:
- Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- No Class Actions: Neither you nor TempStars will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.
- Waiver of Jury Trial: Users waive the right to a trial by jury in any dispute arising out of or related to these Terms or the Services.
8.3 Governing Law
- For Canadian Users:
- Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
- Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ontario, Canada.
- Consent to Jurisdiction: You hereby irrevocably consent to the personal jurisdiction and venue of such courts.
- For United States Users:
- Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the state in which you reside, without regard to its conflict of law provisions.
- Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in your state of residence.
- Consent to Jurisdiction: You hereby irrevocably consent to the personal jurisdiction and venue of such courts.
8.4 Exceptions to Arbitration
- Intellectual Property Claims:
- Notwithstanding the above, TempStars may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8.5 Time Limitations
- Statute of Limitations:
- Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
9. User Responsibilities and Conduct
9.1 Professional Conduct
- Respectful Interaction:
- Users are expected to maintain professionalism in all interactions on the Platform.
- Harassment, discrimination, and offensive language are strictly prohibited.
- Confidentiality:
- Users must respect the confidentiality of information obtained through the Platform.
- Sharing personal or sensitive information without consent is prohibited.
- Compliance with Laws:
- Users agree to comply with all applicable federal, state, provincial, and local laws and regulations.
9.2 Content Guidelines
- Accuracy of Information:
- Users must provide truthful and accurate information in their profiles, job postings, and communications.
- Prohibited Content:
- Users may not post or transmit content that is:
- Illegal, fraudulent, or deceptive.
- Defamatory, libelous, or invasive of another’s privacy.
- Obscene, pornographic, or otherwise objectionable.
- Infringing on any intellectual property rights.
- Users may not post or transmit content that is:
9.3 Prohibited Activities
- Spamming and Unsolicited Communications:
- Sending unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation is prohibited.
- Interference with the Platform:
- Users may not interfere with or disrupt the integrity or performance of the Platform or the data contained therein.
- Unauthorized Access:
- Attempting to gain unauthorized access to the Platform or its related systems or networks is prohibited.
9.4 Reporting Misconduct
- User Responsibility:
- Users should report any misconduct, suspicious activities, or violations of these Terms to TempStars.
- Investigation:
- TempStars reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
10. Intellectual Property and Content
10.1 Ownership of Content
- TempStars’ Content:
- All materials on the Platform, including text, graphics, logos, images, and software, are the property of TempStars or its licensors and are protected by copyright and other intellectual property laws.
- User Content:
- Users retain ownership of the content they submit, post, or display on or through the Platform.
10.2 License Granted by Users
- Grant of License:
- By submitting User Content, Users grant TempStars a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display such content in connection with providing the Services.
- Sub-license:
- TempStars may grant sub-licenses of User Content to other Users for their use in connection with the Services.
10.3 Prohibited Use of Intellectual Property
- Restrictions:
- Users may not:
- Copy, modify, or distribute any other person’s content without their consent.
- Use any trademarks, logos, or service marks displayed on the Platform without the owner’s permission.
- Users may not:
10.4 DMCA Compliance (For U.S. Users)
- Notice of Infringement:
- TempStars respects intellectual property rights and will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
- Procedure:
- If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing.
- Your contact information.
- A statement that you have a good faith belief that the disputed use is not authorized.
- A statement that the information in the notification is accurate.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:
- Designated Agent Contact:
- Email: dmca@tempstars.com
- Address: TempStars, Attn: DMCA Agent, 807 Merritt Dr, Milton, ON, L9T 4J9, Canada
10.5 Feedback
- Voluntary Submissions:
- Users may provide feedback, suggestions, or ideas (“Feedback”) to TempStars.
- License to Feedback:
- Users grant TempStars a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, royalty-free license to use the Feedback for any purpose.
11. Privacy Policy
11.1 Overview
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you when you use our Services. By accessing or using the Platform, you consent to the collection and use of your information as outlined in the Privacy Policy.
11.2 Key Points
- Information Collection:
- We collect information that you provide directly to us, such as when you create an account, fill out your profile, post content, or communicate with other Users.
- We may also collect information automatically through your use of the Services, such as IP addresses and cookies.
- Use of Information:
- We use your information to provide, maintain, and improve our Services.
- We may use your information to communicate with you about products, services, offers, promotions, and events offered by TempStars.
- Information Sharing:
- We may share your information with third-party service providers who need access to such information to carry out work on our behalf.
- We may disclose your information to comply with legal obligations or respond to lawful requests by public authorities.
- Data Security:
- We implement reasonable administrative, technical, and physical security measures to protect your information.
- However, no method of transmission over the Internet or method of electronic storage is completely secure.
- Your Choices:
- You can update your account information and communication preferences at any time by logging into your account.
- You may opt out of receiving promotional emails from us by following the instructions in those emails.
11.3 User Responsibilities
- Accuracy of Information:
- You are responsible for ensuring that the personal information you provide is accurate and up-to-date.
- Consent:
- By providing personal information, you consent to its use and disclosure in accordance with the Privacy Policy.
- Third-Party Links:
- Our Services may contain links to third-party websites. We are not responsible for the privacy practices of those sites.
11.4 Changes to the Privacy Policy
- Updates:
- We may update our Privacy Policy from time to time.
- We will notify you of any material changes by posting the new Privacy Policy on the Platform and updating the “Last Updated” date.
- Continued Use:
- Your continued use of the Services after any changes to the Privacy Policy constitutes your acceptance of the revised policy.
12. Regional Provisions
12.1 Alberta Employment Agency Business Licensing Regulation
- Fee Prohibition:
- Under Section 12 of the Alberta Employment Agency Business Licensing Regulation, TempStars does not charge fees to individuals seeking employment in Alberta.
- TempStars does not demand or collect any fee, reward, or other compensation from individuals seeking employment or information about employers.
- Compliance:
- TempStars complies with all provisions of the Alberta Employment Agency Business Licensing Regulation.
12.2 United States Specific Provisions
- Worker Classification:
- 1099 Independent Contractor vs. W-2 Temporary Worker:
- Dental Offices are responsible for determining the appropriate classification of Dental Professionals under federal and state laws.
- Dental Professionals engaged through TempStars may be classified as independent contractors or temporary employees, depending on the nature of the engagement and applicable laws.
- Users should consult with legal or tax professionals to ensure compliance with relevant laws and regulations.
- 1099 Independent Contractor vs. W-2 Temporary Worker:
- Payment Processing:
- Payments are made directly from Dental Offices to Dental Professionals.
- TempStars may facilitate payments but does not employ Dental Professionals or act as an employer.
- Compliance with State Laws:
- Users must comply with all relevant state and local laws regarding employment, taxation, and worker classification.
12.3 International Users
- Non-North American Users:
- While TempStars primarily operates in North America, Users accessing the Services from other jurisdictions are responsible for compliance with local laws.
- Data Transfer:
- By using the Platform, you consent to the transfer and processing of your information in Canada and the United States.
13. Changes to the Terms
13.1 Modification of Terms
- Right to Modify: TempStars reserves the right to change or modify these Terms at any time in its sole discretion.
- Changes of Terms with Platform Updates: When TempStars releases an update of the application, there is notification that continued use of the service and platform constitutes having reviewed and agreed to the most recent terms of service.
- Notice of Changes:
- We may provide notice of any material changes by:
- Updating the “Last Updated” date at the top of these Terms.
- Sending an email notification to the address associated with your account.
- Posting a notice on the Platform.
- We may provide notice of any material changes by:
13.2 Acceptance of Changes
- Continued Use: Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.
- Review of Terms: It is your responsibility to review these Terms periodically to stay informed about any updates.
13.3 Right to Terminate
- Disagreement with Changes: If you do not agree with the amended Terms, you may terminate your account and discontinue using the Services.
14. Miscellaneous
14.1 Entire Agreement
- These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TempStars regarding the use of the Services and supersede any prior agreements.
14.2 Severability
- If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
14.3 Assignment
- By TempStars: We may assign or transfer our rights and obligations under these Terms to any third party without your consent.
- By Users: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
14.4 No Waiver
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.5 Language
- The parties confirm that it is their wish that these Terms and any related documents be drawn up in English only.
15. Contact Information
If you have any questions about these Terms or need assistance, please contact us:
- Email: help@tempstars.com
- Phone: 1-877-583-6771
- Mailing Address: