Ganaz Terms of Service
Last Updated: October 10, 2023
Welcome, and thank you for your interest in Ganaz, Inc. (“ Ganaz,” “ we,” or “ us”) and our website at www.ganaz.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “ Service”). These Terms of Service are a legally binding contract between you and Ganaz regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “ I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING GANAZ’S PRIVACY POLICY https://www.ganaz.com/privacy-policy (TOGETHER, THESE “ TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND GANAZ’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GANAZ AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE.
Except for certain kinds of disputes described in Section 16 ( Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GANAZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Ganaz Service Overview.
Ganaz provides a people management platform for the agriculture and food manufacturing industries (the “ Service”). The Service helps employers (“ Employers”) manage and communicate with workers (“ Employees”) in the agriculture and food manufacturing industries. The Service includes various features, including the H-2A Program, HR Digital Onboarding, Workforce Communication, and Ganaz Payroll Cards. The H-2A Program feature is a full-service labor solution with integrated workforce tools. The HR Digital Onboarding feature is a paperless onboarding and data entry solution which allows Employers to export data into third-party agriculture payroll services. The Workforce Communication feature allows Employers to send and receive messages to and from Employees, including workforce surveys. The Ganaz Payroll Card feature allows Employers to manage a payroll card (the “ Payroll Card”) specifically designed for the agriculture and food manufacturing industries. Your use of the Ganaz Payroll Card feature is governed by the Ganaz MasterCard Payroll Card Cardholder Agreement available at https://www.ganazcard.com/eng. For the avoidance of doubt, Employers are responsible for complying with any and all applicable employment and immigration laws with respect to their Employees.
Eligibility.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
Accounts and Registration.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information.
General Payment Terms.
Use of the Service by Employers requires Employers to pay fees. Employees do not need to pay to use the Service, except as otherwise provided in the Ganaz Mastercard Payroll Card Cardholder Agreement available at https://www.ganazcard.com/eng.
Price.
Ganaz reserves the right to determine pricing for the Service. Ganaz, at its sole discretion, may make promotional offers with different features and different pricing to any of Ganaz’s customers.
Authorization.
You authorize Ganaz to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Ganaz, including all applicable taxes, to the payment method specified in your account.
Subscription Service.
The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”).
Delinquent Accounts.
Ganaz may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid.
LICENSES.
Limited License.
Ganaz grants you, solely for your internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service on each mobile device you own or control; and (b) access and use the Service.
Ownership; Proprietary Rights.
The Service is owned and operated by Ganaz. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service provided by Ganaz are protected by intellectual property and other laws.
User Content
You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
Limited License Grant to Ganaz.
By Posting User Content to or via the Service, you grant Ganaz a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license to host, store, transfer, reproduce, modify, create derivative works, and distribute your User Content, in whole or in part, in each instance solely as required for us to provide the Service to you.
Monitoring Content.
Ganaz does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users.
Communications
Text Messaging.
You agree that Ganaz may send you text (SMS) messages at the phone number you provide us.
Email.
We may send you emails concerning our products and services. You may opt out of promotional emails.
Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, or bully any other user of the Service;
Modification of Terms.
We may, from time to time, change these Terms.
Term, Termination, and Modification of the Service
Termination.
If you violate any provision of these Terms, then your authorization to access the Service automatically terminates.
Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service;
Governing Law.
These Terms are governed by the laws of the State of Washington.
Privacy Policy.
Please read the Ganaz Privacy Policy https://www.ganaz.com/privacy-policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.
Contact Information.
The Service is offered by Ganaz, Inc., located at 113 Cherry St., PMB 63600, Seattle, Washington 98104. You may contact us by sending correspondence to that address or by emailing us at support@ganaz.com.