for the Manpower Direct Time Customer Web Site
this version in effect since March 17, 2003
THIS AGREEMENT GOVERNS YOUR USE OF THE MANPOWER DIRECT TIME CUSTOMER WEB SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THAT WEB SITE. IT EXEMPTS MANPOWER INC. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
1. Permitted Users and Access
The Manpower Direct Time Customer Web site (“Web Site”) may be accessed and used only by persons who have been granted permission by Manpower to use the Web Site, have been issued a Manpower Web Site user name and password, and have accepted and agreed to this Agreement. Use of the Web Site is subject to the limitations and restrictions set forth in this Agreement.
2. Scope of this Agreement
In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Manpower or Manpower affiliates (now or in the future), the provisions of this Agreement shall only govern regarding your access to and use of the Web Site.
The Web Site may be used to obtain and/or communicate confidential and personal information regarding Manpower workers (the “Confidential Worker Information”). You shall maintain the Confidential Worker Information in strict confidence and shall not, without Manpower’s prior written consent, disclose to others or use any Confidential Worker Information otherwise than as may be required to use the Web Site, or to conduct business with Manpower and its Affiliates and Providers, or in lawful dealings with the Manpower workers to whom the Confidential Worker Information relates.
By using the Web site, you signify your consent to the collection, use, and disclosure of your personal user information in accordance with this section. Like many Web sites, the Web Site automatically collects certain non-identifiable information regarding your use of the Web Site, such as the Internet Protocol (IP) address of your computer, the date and time you access the Web Site, the Internet address of your computer, and the pages you view and/or download. In addition, you may be asked to voluntarily provide personal information so that Manpower may communicate with you or otherwise enhance your use and/or access to services found at the Web Site. The non-identifiable and personal information may be disclosed to Manpower affiliates and/or other third-parties only as necessary for the administration and support of the Web Site.
5. User Names and Passwords
The Web Site may be accessed and used only by authorized persons using the user names and passwords issued to them by Manpower. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them. You must take all reasonable precautions to maintain the secrecy of your user name and password, including ensuring that any information stored on any computer with which you access the Web Site is protected against unauthorized access by third parties.
Manpower is not required to confirm the identity or authority of any person using your user name or password and may act upon any communications that are given with the use of your user name or password. Please notify Manpower immediately at email@example.com if you know or suspect that your user name or password have been lost or stolen or become known to or used by any other person.
6. TIME APPROVAL
You may use the Web Site to review and approve timeslips of workers, in accordance with the provisions of this Agreement.
Timeslips approved through the Web Site are conclusive as to the number of compensable hours worked and compensable expenses incurred by the Manpower workers to whom the timeslips relate, and the satisfactory performance by the Manpower workers of the work referenced in the timeslips.
If you are an authorized user of a Manpower customer and you use the Web Site to review and approve a timeslip: (a) you represent and warrant that you are authorized by the Manpower customer you represent to approve the timeslip on their behalf; and (b) you certify on behalf of the Manpower customer you represent that the timeslip accurately records the hours worked by the Manpower worker and the nature of the work performed, the compensable expenses incurred by the worker, that the work was performed by the worker in a satisfactory manner, and the expenses incurred by the worker are reasonable and satisfactory.
All comments regarding Manpower workers you submit through the Web Site or email may be disclosed by Manpower and its Affiliates and Providers to the Manpower worker and others in their sole discretion.
7. General Service Terms
Manpower customers shall not entrust Manpower workers with unattended premises, cash, negotiables or other valuables, or authorize Manpower workers to operate machinery without prior written permission from Manpower in each instance. Manpower’s insurance does not cover loss or damage caused by Manpower workers operating Manpower customers’ owned or leased motor vehicles, and Manpower customers therefore accept full responsibility for claims, including the defense thereof, involving bodily injury, property damage, fire, theft, collision, cargo damage or public liability arising out of or involving the use of Manpower customer-provided motor vehicles by Manpower workers. Manpower is not responsible for claims made under its fidelity bond unless the claims are reported in writing to it by the Manpower customer within 30 days after occurrence. Manpower customers shall defend, indemnify and save Manpower harmless from and against any and all fines, penalties, and assessments, including attorney’s fees, incurred by Manpower as a result of any alleged violations of any federal, state, provincial or local law, regulation or ordinance relating to health and safety with respect to premises owned or controlled by the Manpower customer and to which Manpower workers are assigned. Manpower customers agree to provide to Manpower workers assigned to them health and safety training specific to the work to be performed. Manpower reserves the right to charge a sourcing fee in the event a Manpower customer offers direct employment to a Manpower worker. Manpower customers acknowledge Manpower’s employer-employee relationship with its workers and accept the obligation to discuss all matters concerning their employment, job assignments, pay procedures, etc., with Manpower.
8. Disclaimer, Liability Exclusion, Liability Limitation
Manpower and its Affiliates and Providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.
your use of the web site is at your own risk.
the web site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by manpower and the affiliates and providers to the fullest extent permitted by law. there will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
you are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the web site.
the internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. the operation of the web site may be affected by numerous factors beyond manpower’s control. the operation of the web site may not be continuous or uninterrupted, secure or private.
manpower and the affiliates and providers will not be liable to you or any other person for any damages suffered as a result of any failure or delay in receiving, accepting or processing communications provided through the web site or email, or for any losses suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the web site or email services.
manpower and the affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, notwithstanding that manpower or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.
The exclusion of certain warranties and the exclusion of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
without limiting the foregoing, in no event will manpower or any of the affiliates and providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by manpower or any affiliate or provider or any person for whom manpower or any affiliate or provider is responsible, exceed $100 (us) or the amount you paid to manpower for the use of the web site, whichever is less.
The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
9. Ownership and Permitted Uses of the Web Site
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of Manpower and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or their content.