The Handyman Global Terms of Service
Last updated: 5 July 2020
These Terms of Service constitute a legally binding agreement between you and The Handyman, Inc. (“The Handyman”) governing your use of The Handyman Platform. The Handyman’s websites (including https://thehandyman.com.sg/) (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “The Handyman Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE HANDYMAN PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE HANDYMAN PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
Key features these Terms of Service are:
- You must be at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access The Handyman Platform (Section 2).
- Your agreement that the technology for The Handyman Platform is provided “as is” and without warranty (Section 14).
- Your agreement that The Handyman provides no warranty and has no liability regarding User action on The Handyman Platform or the performance of Jobs (Section 14).
- Your acknowledgment and agreement that The Handyman does not supervise, scope, direct, control, or monitor a Contractor’s work and the Jobs performed (Section 1).
- Your acknowledgement and agreement that Clients are solely responsible for determining if the Contractor they hire is qualified to perform the Job (Sections 1 and 19).
- Your acknowledgement and agreement that Contractors are independent contractors of Clients and not employees, independent contractors or service providers of The Handyman (Section 1).
- Your agreement to hold harmless and indemnify The Handyman from claims due to your use or inability to use The Handyman Platform or content submitted from your account to The Handyman Platform (Section 15).
- The Handyman Platform Connects Contractors and Clients
The Handyman Platform is a web-based communications platform which enables connections between Clients and Contractors. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Jobs”) from Contractors and are therefore clients of Contractors, and “Contractors” are businesses seeking to perform Jobs for Clients. Clients and Contractors together are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
CONTRACTORS ARE INDEPENDENT BUSINESS OWNERS. CONTRACTORS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF THE HANDYMAN. THE HANDYMAN DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, THE HANDYMAN OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (CONTRACTORS) WHO WISH TO PERFORM A VARIETY OF JOBS.
USERS HEREBY ACKNOWLEDGE THAT THE HANDYMAN DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A CONTRACTOR’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE JOBS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on The Handyman Platform to a Contractor being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Contractor has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by The Handyman of such Contractor’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Contractors whom they contact or interact with via The Handyman Platform.
The Handyman Platform enables connections between Users for the fulfilment of Jobs. The Handyman is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Contractors, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. The Handyman makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested or services provided by, or the communications of or between, Users identified through The Handyman Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
- User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of The Handyman Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although The Handyman may perform Background Checks, The Handyman cannot confirm that each User is who they claim to be, and The Handyman cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. The Handyman will not be liable for any false or misleading statements made by Users of The Handyman Platform.
You will promptly disclose to The Handyman in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of The Handyman Platform.
NEITHER THE HANDYMAN, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, LAWYERS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HANDYMAN PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE HANDYMAN AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HANDYMAN PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or The Handyman in connection with The Handyman Platform without the prior written consent of The Handyman and/or the relevant User, as applicable;
- You will fulfil the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Contractor or Client as the case may be;
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date photo on your profile;
- When using or accessing The Handyman Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use The Handyman Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to The Handyman, you do not have any motivation, status, or interest that The Handyman may reasonably wish to know about in connection with The Handyman Platform, including without limitation, if you are using or will or intend to use The Handyman Platform for any journalistic, academic, investigative, or unlawful purpose.
Contractors additionally represent and warrant that:
- When using The Handyman Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through The Handyman Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Jobs;
- If the Job is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs;
- You have any and all insurance required to operate your business and provide your services;
- You will honour your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Job(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
- Contract between Clients and Contractors
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Job. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on The Handyman Platform, and any other contractual terms accepted by both the Contractor and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand The Handyman’s obligations or restrict The Handyman’s rights under this Agreement. The Handyman is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between The Handyman and the Contractor, nor will it create an employment relationship between the Client and the Contractor. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of The Handyman. The Handyman’s only role is to enable connections between Clients and Contractors via it’s web-based communications platform. The Handyman assumes no liability or responsibility for any acts or omissions of the Contractor, either within or outside of The Handyman Platform.
Where approved in advance by the Client, the Contractor is not obligated to personally perform the Job. Contractors may engage assistants, helpers, subcontractors or other personnel (collectively “Contractor Assistants”). For safety reasons, such Contractor Assistants shall have been background checked through The Handyman Platform. A Contractor’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from The Handyman Platform. The Contractor assumes full and sole responsibility for the acts and omissions of such Contractor Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Contractor Assistants, if any, and for all required and applicable tax withholdings as to such Contractor Assistants. Clients are responsible for confirming with their Contractor that any Contractor Assistants are registered Contractors on The Handyman Platform and Clients understand that they are entering into separate Service Agreements with the Contractor and each Contractor Assistant.
While using The Handyman Platform, Clients, in their sole discretion, determine whether they will be present or not when a Job is performed. Clients who elect not to be present when a Job is performed agree that if someone other than them books the Job on their behalf or is present when the Job is performed, they are appointing that person as their agent (“Client’s Agent”) and the Contractor may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using The Handyman Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
Clients, and not The Handyman, supervise, scope, direct, control, or monitor a Contractor’s work and the Jobs performed, and may waive any such direction or instruction during the performance of the Job. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Contractor’s work or performance of the Job by signing in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself.
The Client shall pay their Contractor(s) in full for all Job services at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job.
- Billing and Payment
Users of The Handyman Platform contract for Jobs directly with other Users. The Handyman will not be a party to any contracts for Jobs or services. Payment for Job services through The Handyman Platform is made directly from the Client to the Contractor and not by The Handyman. The Handyman is not obligated to compensate Contractor for Client’s failure to pay for services.
- Public Areas; Acceptable Use
The Handyman Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of The Handyman Platform, you should not share your personal contact information with other Users.
Without limitation, The Handyman Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and The Handyman staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or The Handyman;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage The Handyman or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through The Handyman Platform which are not relevant to the Job services;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using The Handyman Platform, you may not:
- Use The Handyman Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Job in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Job repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through The Handyman Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off The Handyman Platform) are endorsed by The Handyman, without the prior written consent of The Handyman;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index The Handyman Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose The Handyman Platform or any portion thereof;
- Hack or interfere with The Handyman Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate The Handyman Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by The Handyman and Affiliates;
- Upload content to The Handyman Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use The Handyman Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of The Handyman Platform as set forth herein;
- Use The Handyman Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use The Handyman Platform or the Job services in violation of this Agreement;
- Use The Handyman Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining The Handyman’s trade secret information for public disclosure or other purposes;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. The Handyman will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- Deactivation and Suspension
The Handyman may suspend your right to use The Handyman Platform pending its investigation of a potential breach by you of this Agreement. The Handyman may deactivate your account or limit your use of The Handyman Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). The Handyman will provide you with written notice of its determination. If you wish to appeal this determination, please contact [email address] within 14 days of receipt of such notice with the grounds for your appeal.
If The Handyman suspends or deactivates your account or limits your use of The Handyman Platform pursuant to this Section 6, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use The Handyman Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. The Handyman reserves the right to take appropriate legal action pursuant to the Agreement.
The Handyman reserves the right to modify or discontinue, temporarily or permanently, all or any portion of The Handyman Platform at its sole discretion. The Handyman will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, The Handyman shall not be liable to you for any modification or discontinuance of all or any portion of The Handyman Platform. The Handyman has the right to restrict anyone from completing registration as a Contractor if such person may threaten the safety and integrity of The Handyman Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of The Handyman Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of The Handyman Platform.
- Account, Password, Security, and Telephone Communications
You must register with The Handyman and create an account to use The Handyman Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by The Handyman for accessing The Handyman Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. The Handyman has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify The Handyman immediately.
You acknowledge that telephone calls to or from The Handyman, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to The Handyman, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify The Handyman before the change goes into effect by sending an email to [email].
- User Generated Content
“User Generated Content” is defined as any information and materials you provide to The Handyman, its corporate partners, or other Users in connection with your registration for and use of The Handyman Platform and participation in The Handyman promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that The Handyman is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that The Handyman has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to The Handyman that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Job is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with The Handyman or otherwise purport to act as a representative or agent of The Handyman; and (i) will not create liability for The Handyman or cause The Handyman to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Handyman Platform hosts User Generated Content relating to reviews and ratings of specific Contractors (“Feedback”). Feedback is such User’s opinion and not the opinion of The Handyman, and has not been verified or approved by The Handyman. You agree that The Handyman is not responsible or liable for any Feedback or other User Generated Content. The Handyman encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. The Handyman is not obligated to investigate or otherwise take any action in relation to any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review by contacting the Support team at [email ]. Each Client should undertake their own research to be satisfied that a specific Contractor has the right qualifications for a Job.
The Handyman respects the personal and other rights of others, and expects Users to do the same. The Handyman is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with The Handyman Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify The Handyman. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify The Handyman. Such notification can be made at [email].
Media and User Generated Content
To the extent permitted by law, you hereby grant The Handyman a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to The Handyman (collectively, “Media”) in exchange for use of The Handyman Platform, in any media now known or not currently known in order to market, operate, and improve upon The Handyman Platform, including but not limited to the right to the following:
- • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to The Handyman or that The Handyman takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with The Handyman Platform or any The Handyman promotional campaigns;
- • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of The Handyman Platform in any media, in any format and through any distribution channels; and
- • Use, and permit to be used, such User’s name and identity in connection with The Handyman Platform or any The Handyman promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that The Handyman shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases The Handyman and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with The Handyman Platform.
The Handyman and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
- Links to Third-Party Websites
The Handyman Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by The Handyman or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by The Handyman Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. The Handyman does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that The Handyman is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that The Handyman has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on The Handyman Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. The Handyman expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on The Handyman Platform. You hereby agree to hold The Handyman harmless from any liability that may result from the use of links that may appear on The Handyman Platform.
As part of the functionality of The Handyman Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through The Handyman Platform; or (ii) allowing The Handyman to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to The Handyman and/or grant The Handyman access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating The Handyman to pay any fees or making The Handyman subject to any usage limitations imposed by such third-party service providers. By granting The Handyman access to any Third-Party Accounts, you understand that (i) The Handyman may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through The Handyman Platform via your The Handyman account, including without limitation any friend lists, and (ii) The Handyman may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on The Handyman Platform. Please note that if a Third-Party Account or associated service becomes unavailable or The Handyman’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through The Handyman Platform. You will have the ability to disable the connection between your account on The Handyman Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. The Handyman makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and The Handyman is not responsible for any SNS Content.
- The Handyman Operates as an Online Marketplace
The Handyman operates as an online marketplace that connects Clients with service providers (Contractors) who wish to perform a variety of Jobs. The Handyman does not perform Jobs and does not employ people to perform Jobs. Contractors operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through The Handyman Platform. The Handyman does not control or direct the Contractors’ performance of their services or set their work locations or work hours. Contractors provide services under their own name or business name, and not under The Handyman’s name. Contractors provide their own tools and supplies to perform their services; The Handyman does not provide the tools or supplies. Contractors are free to maintain a clientele without any restrictions from The Handyman and are free to offer and provide their services elsewhere, including through competing platforms. The Handyman does not set Contractors’ hours or terms of work. Contractors are free to accept or reject Clients and contracts. Contractors are not penalized for rejecting Clients or contracts, though if Contractors accept a Client or contract through The Handyman Platform, they are expected to fulfill their contractual obligations. Contractors set their own rates for services performed in The Handyman general marketplace, without deduction by The Handyman.
The Handyman Platform is not an employment agency service or business and The Handyman is not an employer of any User. Contractors acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including The Handyman designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through The Handyman Platform is owned by The Handyman, excluding User Generated Content, which Users hereby grant The Handyman a license to use as set forth above in Article 8. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Handyman owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from The Handyman Platform without The Handyman’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of The Handyman, including without limitation The Handyman, The Handyman for Good, and associated logos, are service marks owned by The Handyman. Any other trademarks, service marks, logos and/or trade names appearing via The Handyman Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Copyright Complaints
The Handyman respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with The Handyman Platform infringe upon your copyright or other intellectual property right, please send the following information to The Handyman at [email]:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on The Handyman Platform where the material you claim is infringed is visible. Include enough information to allow The Handyman to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statutory declaration by you, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of The Handyman and agree that you will not, for the lifetime of your account on The Handyman plus 6 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of The Handyman Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify The Handyman in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to The Handyman promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of The Handyman’s trade secrets, confidential and proprietary information, and all other information and data of The Handyman that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to The Handyman or The Handyman’s business, operations or properties, including information about The Handyman’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
14 Limitation of Liability and Disclaimer of Warranties
(a) Use Of The Handyman Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE HANDYMAN PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. THE HANDYMAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE HANDYMAN PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE HANDYMAN PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HANDYMAN PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
The Handyman does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through The Handyman Platform or any hyperlinked website or featured in any banner or other advertising, and The Handyman will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, The Handyman and Affiliates do not warrant that access to The Handyman Platform will be uninterrupted or that The Handyman Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of The Handyman Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, service, information or materials provided through or in connection with the use of The Handyman Platform. The Handyman and Affiliates are not responsible for the conduct, whether online or offline, of any User. The Handyman and Affiliates do not warrant that The Handyman Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. The Handyman and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Client may use to expedite The Handyman selection, each Client is responsible for determining the Job and selecting their Contractor and The Handyman does not warrant any goods or services purchased by a Client and does not recommend any particular Contractor. The Handyman does not provide any warranties or guarantees regarding any Contractor’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that The Handyman is only willing to provide The Handyman Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold The Handyman and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including legal fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use The Handyman Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by The Handyman and Affiliates, and any destruction of your User Generated Content.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by The Handyman’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
UNDER NO CIRCUMSTANCES WILL THE HANDYMAN AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE THE HANDYMAN AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE HANDYMAN, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR LEGAL FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE HANDYMAN PLATFORM OR THE JOB SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
THE HANDYMAN AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS THE HANDYMAN PLATFORM. THE HANDYMAN AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE HANDYMAN PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE HANDYMAN AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE HANDYMAN (IF YOU ARE A CLIENT) OR TOTAL JOB PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A CONTRACTOR), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless The Handyman and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, The Handyman Platform; (ii) your participation in Jobs, or your ability or inability to perform or obtain the performance of Jobs or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in this Agreement; (vi) any content submitted by you or using your account to The Handyman Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. The Handyman reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of The Handyman.
- Dispute Resolution and Governing Law
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, parties shall endeavour to resolve the disputes via mediation for at least 30 days, failing which any such disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
This Agreement shall be governed by the laws of Singapore.
You agree that the address for such notices is the one associated with your account, with an email copy to the email address you have provided to The Handyman. The Handyman’s address for such notice is [email] and [address].
- No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- General Provisions
Failure by The Handyman to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and The Handyman with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. However, this Agreement does not supersede other agreements about other subject matter that you may have with The Handyman.
In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) The Handyman shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace The Handyman for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 18 shall be null and void. This Agreement will inure to the benefit of The Handyman, its successors and assigns.
Contractors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs. Indeed, certain types of Jobs and services may be prohibited altogether, and it is the responsibility of Contractors to avoid such prohibited Jobs and services. Penalties may include fines or other law enforcement. If you have questions about how any laws apply to your Jobs and services on The Handyman Platform, you should first seek appropriate legal guidance.
Because The Handyman does not supervise, scope, direct, control, or monitor a Contractor’s work or performance of Jobs, Clients must determine for themselves whether a Contractor is qualified to perform the specific Job at hand. Clients may wish to consult their own legal advisors to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Contractor any specific hazards, obstacles, or impediments in the Job location (both visible and concealed) that may impact the performance of the Job.
- Changes to this Agreement and The Handyman Platform
- No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to this Agreement.
- Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about The Handyman Platform, please contact us by email at [email].
- Consent to Electronic Signatures
By using The Handyman Platform, you agree to transact electronically through The Handyman Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
- Consent to Communications
By providing your mobile phone number and using The Handyman Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by The Handyman and Affiliates, or from independent contractors (including Contractors) in order to (a) perform and improve upon The Handyman Platform, (b) facilitate the carrying out of Jobs through The Handyman Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Jobs, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Jobs and/or in follow up to any push notifications delivered through our mobile application. The Handyman will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving any such communications from The Handyman by modifying your account settings on the Sites or by emailing [email]. You understand that we may send you an email confirming any opt-out by you.
- Acknowledgment and Consent