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TERMS AND CONDITIONS OF USE OF THE HANDDII PLATFORM - CUSTOMERS
Capitalized terms are defined at the end of these Terms and Conditions of Use. These Terms and Conditions of Use are to assist you (as a User) to understand Handdii's and your own obligations and responsibilities in relation to the Handdii platform. They do not apply to the use of the Handdii platform by other Users, or any associated services provided by Handdii to them.
By accessing and/or using the Handdii platform, you accept and agree to comply with and be bound by the following Terms and Conditions of Use which govern Handdii's relationship with you in connection with the Handdii platform. If you do not agree with these Terms and Conditions or any part thereof, you are not entitled to and must not access and use the Handdii platform.
1. Overview of the Handdii platform
The Handdii platform is designed to:
(a) Allow you as an Insurance Policy holder/customer to register your account information on the Handdii platform for the purposes of making a claim;
(b) Provide you with the opportunity to be paired with a Contractor for the purpose of undertaking repair work pursuant to your Insurance Policy.
(c) Provide your Insurer with information required to assist in the claim process.
(d) Provide you as a User the ability to request services of contactors via the Handdii platform for the purposes of undertaking repair work,
remodel work or maintenance work pursuant to your request.
2. Handdii's Role and Obligations
(a) You acknowledge that Handdii only acts as a facilitator and will not be a party to any other arrangement between you, the Contractor and/or
Insurer that may arise from you being paired with the Contractor through the Handdii Platform, unless Handdii notifies you of the same.
(b) You acknowledge that Work is performed independently by the Contractor and that Handdii does not provide any of the services in relation
to the Work.
(c) Handdii does not guarantee that:
(i) The Work will be undertaken by the Contractor;
(ii) The Work will be performed to your satisfaction;
(iii) The claim will be accepted by the Insurer.
(d) Handdii accepts no liability for any aspect of your interaction with the Insurer and/or the Contractor including but not limited to the
description, performance or delivery of Work for you.
(e) After the Work has been completed:
(i) You may review and provide feedback of the Work on the Handdii platform; and
(ii) You agree not to give Contractor an unreasonably low or baseless rating for the Work.
(f) Fees, payments and refunds
(i) Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). You agree to be bound by the Stripe Terms, which may be modified from time to time. Handdii reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.
(ii) Where your Insurer has opted for excess / deductible payment to be collected via Handdii, you have the option to use the secure payment functionality online or alternatively to pay the contractor directly. If you choose the online functionality the payment will be passed directly to the Contractor(s) at the completion of repairs and deducted from the invoice value of the Work undertaken by the Contractor(s), issued to the Insurer. If by the completion of repairs you have not used the online functionality then the payment will need to be issued directly to the contractor and you agree to do so.
(iii) Upon satisfactory completion of the Work, Handdii will issue an invoice (on the Contractor’s behalf) to the Insurer in relation to the insurance Work performed. The invoiced amount will be calculated based on the Fixed Rates and will include the cost of materials, less any applicable excess / deductible payment value.
(iv) Where you have requested Direct Work to be facilitated by Handdii, you will be able to directly engage the Contractor for this Work via the Handdii platform. Handdii will issue an invoice (on the Contractor’s behalf) to you and will automatically charge your credit card for the value of the Work undertaken. The invoiced amount will be calculated based on the Fixed Rates and will include the cost of materials and an administration fee.
(g) Your use of the Handdii Platform is entirely at your own risk, for which Handdii will not be liable in any way whatsoever. You agree that should you not be happy with the Work you should and can use the Story Board to ask the Contractor for an explanation in relation to your
concerns, and if appropriate, you may request that the Work be reperformed.
(h) You agree that, subject to negligence, your sole remedy against a Contractor is reperformance of the Work.
3. Your Obligations
(a) You are at least 18 years of age. You will provide proof of identity with a driver's license or other legal document requested in Handdii’s
reasonable discretion if requested to do so.
(b) You may only use the Handdii Platform for lawful purposes and in a manner consistent with the nature and purpose of the Handdii Platform
and the User Code of Conduct.
(c) Like any service provider, the effectiveness of any Contractor’s service is dependent on complete and truthful answers to all questions they
ask you, so that they can assess how best to investigate and solve the issue you are experiencing, and plan and execute Work. You
understand and agree that you must at all times:
(i) Answer all reasonable questions asked of you by Contractors;
(ii) Be accurate, honest and complete in your answers to Contractors ; and
(d) You acknowledge and agree that all Contractors must comply with all Applicable Laws, including without limitation, applicable Work Health
and Safety Laws and Construction Laws, depending on the Country, State, municipality or county in which the Work is completed in (as
referenced in the definitions section of these Terms and Conditions of Use) and:
(i) You will comply with all reasonable requests made by a Contractor to assist them to comply with Work Health and Safety Laws and
Construction Laws;
(ii) You will disclose to Contractors any and all matters that you are reasonably aware of which might contribute to their ability to comply
with Work Health and Safety Laws and Construction Laws.
(e) Files that you upload or download using the Handdii Platform are subject to limitations on usage, reproduction and communication, and
you are responsible for adhering to such limitations.
(f) You must not communicate any information or material using the Handdii platform which (i) is libelous, defamatory, obscene, offensive,
sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any
virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Handdii platform or its Users.
(g) Handdii may, at its sole discretion, immediately terminate your use and access to the Handdii platform if Handdii reasonably believes you
have breached any obligation under this clause 3. This includes removing any content you have submitted on the Handdii platform or
cancelling or suspension of your record on the Handdii platform.
4. Payments
All charges are facilitated through a third-party payment processor Stripe. Handdii may replace its third-party payment processor without notice to you. Charges shall only be made through the Handdii platform. Cash payments are strictly prohibited with the exception of excess / deductible payments paid direct to the Contractor. Your payment of charges to Handdii satisfies your payment obligation for your use of the Handdii platform and pairing services.
Upon the addition of a new payment method or each service request, excess or deductible payment, Handdii may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behaviour. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
5. Intellectual Property
The Handdii platform and its entire contents, features and functionality (including but not limited to all information, compilation, organization and display of the content, as well as all software, images, logos, video and audio), are the exclusive property of Handdii and are protected by laws relating to intellectual property.
6. No Access Or Use For Commercial Purposes
These Terms and Conditions of Use permit you to use the Handdii platform for your property repair or maintenance needs by pairing you with a Contractor, and for non-commercial use only. You must not access or use the Handdii platform or any services or materials available through the Handdii Platform for any commercial purposes.
7. Links on the Handdii Platform
The Handdii platform may also, on occasion, include links to other websites which are not controlled by Handdii. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that Handdii recommends or endorses the websites. Handdii has no control over the nature, content and availability of those websites. The privacy policies of those linked websites will apply to your use of them.
8. Privacy
Handdii is required to comply with the obligations under the applicable Privacy Laws. Handdii respects your right to privacy and have devoted considerable effort toward ensuring that your personal information is secure. Handdii has developed a Privacy Policy to inform you about Handdii’s privacy practices, which you can view at www.handdii.com.
9. Disclaimers
(a) You acknowledge and agree that Handdii is not a Contractor and is not liable for any Work completed by a Contractor paired with you by
using the Handdii platform.
(b) Many factors may impact on the availability of Contractors and the completion of Work. Handdii endeavours to facilitate a mutually beneficial
pairing of a customer and an appropriately skilled Contractor, however Handdii cannot and does not guarantee that a Contractor will be
available at a specified time, or at all, or that the Work will be completed to your satisfaction, or at all.
(c) TO THE EXTENT PERMITTED BY LAW, THE HANDDII PLATFORM IS PROVIDED TO YOU FOR USE "AS IS" AND "AS AVAILABLE". IT IS
PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF CONTRACTORS, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitations on liability
(a) To the extent allowed by Applicable Law, in no event will Handdii, nor its directors, employees, agents, contractors, partners, suppliers or
content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Handdii Platform,
including but not limited to any:
(i) lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising);
(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or
(iii) for any direct damages.
(b) To the extent permitted by Applicable Law, Handdii specifically disclaims all liability for any loss or damage (actual, special, direct, indirect
and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including,
without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or
service supplied), arising out of or in any way connected with any transaction between you, a Contractor and an Insurer. SUBJECT TO THE
FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HANDDII WILL NOT BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE FEES PAID BY YOU TO A CONTRACTOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE
CLAIM FIRST AROSE.
(c) Nothing in these Terms and Conditions of Use is intended to exclude or limit the operation of any federal or state law which limits or prohibits
these limitation or disclaimers. Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees,
conditions and warranties are hereby excluded.
(d) These limitations are independent from all other Terms and Conditions of Use and will apply notwithstanding the failure of any remedy
provided herein.
11. Indemnification
You indemnify Handdii from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Handdii Platform.
To the fullest extent permitted by law, the customer shall indemnify and hold harmless the Contractor, its agents, subcontractors and employees, from and against any and all claims, damages, losses and expenses including but not limited to attorneys’ fees, by the customer, household members or representatives, arising out of or resulting from exposure to COVID-19 or any other communicable illness. This indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the customer under any insurance policies held by customer.
To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the customer, representative, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, by the Contractor, its agents, subcontractors and employees, arising out of or resulting from exposure to COVID-19 or any other communicable illness. This indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.
12. Termination
Handdii may terminate your access and use to the Handdii Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to remove your record from the Handdii Platform, you must notify Handdii in writing, via www.handdii.com. These Terms and Conditions of Use will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
13. Disputes between Users
Handdii has no obligation to any User to assist or involve itself in any dispute between Users. However, to the extent Handdii assists in the resolution of any dispute between Users, such assistance is only a courtesy and, therefore, you acknowledge that Handdii will not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).or any matter directly or indirectly related thereto and that Handdii shall be indemnified by each User as set forth herein in connection with any such disputes between Users
14. Modifications
These Terms and Conditions of Use may be amended from time to time. Your continued use of the Handdii Platform following any such amendments will be deemed to be confirmation that you accept those amendments.
15. No Agency
No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms and Conditions of Use. In particular, you have no authority to bind Handdii, or Handdii’s related entities or affiliates in any way whatsoever.
16. No Assignment
You may not assign or transfer any of your rights or obligations under these Terms and Conditions of Use without Handdii’s prior written consent.
17. Governing Law
Any disputes in United States arising out of your use of the Handdii Platform are subject to the laws of Texas, U.S.A. Such dispute will be heard by the federal or state courts operating in Harris County, Texas, U.S.A. You agree to only bring any dispute in such forum and waiver any objection based on forum non convenience.
Any disputes in Australia or New Zealand arising out of your use of the Handdii Platform is subject to the laws of Victoria, Australia. Such dispute shall be heard by the Courts operating in Melbourne, Australia.
DEFINITIONS
Administration Fee means an amount equal to 10% of the total invoice value (plus any applicable tax and payment processing fees) charged by Handdii to the customer for maintenance work completed by the Contractor.
Applicable Laws means all relevant federal, state, local and municipal laws, statutes, rules, regulations, and ordinances, in effect on the Effective Date or adopted thereafter and which are applicable to your activities hereunder, including without limitation, any deceptive trade practices act, consumer protection act and similar laws applicable in the location where you provide services to an Insured.
Applicable Requirements means the Health and Safety at Work Act 2015 (the “Act”) and Health and Safety Regulations forming part of the Act, Management of Asbestos Regulations 2016, The Fair Insurance Code, Building Act 2004 and NZ Standards 3604,
Construction Laws means all relevant federal, state local and municipal laws, statutes, rules, regulations, ordinances, permit requirements, licensing requirements, bonding requirements and insurance requirements, in effect on the Effective Date or adopted thereafter and which are applicable to a your construction activities hereunder.
Contractor means a person who is qualified and skilled to perform repair work for Insureds on behalf of Insurers.
Fixed Rates means the rates to be charged for the Work undertaken by Contractors which are prescribed by Handdii on the Handdii Platform.
Handdii means collectively Handdii LLC and Handdii Pty Ltd ABN 93 618 870 170, unless otherwise specified.
Handdii platform means the Handdii website at www.handdii.com and any other affiliated platform that may be introduced from time to time.
Insurance Policy means a policy of insurance providing first party property insurance in respect of an Insured's property.
Insured means a property owner who is a party to or a beneficiary of an Insurance Policy issued by an Insurer and who has made a claim for reimbursement or repairs for damage to that Insured's property on a policy issued by that Insurer.
Insurer means the entity that has issued an Insurance Policy pursuant to which the Insured is making a claim for reimbursement or repairs for damage to that Insured's home or other property.
Privacy Laws in Australia and New Zealand means the New Zealand Privacy Act 1993 and the 12 Information Privacy Principles as well as the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
In United States it means all laws that deal with the regulating, storing, accessing, transmitting, destroying, using or the integrity of personally identifiable information of individuals, which can be collected by governments, public or private organisations, or other individuals and include, without limitation, all state breach notification statutes, the California Consumer Privacy Act, the Children’s Online Privacy Protection Act, Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM), Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Credit and Debit Card Receipt Clarification Act, Bank Secrecy Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act, Health Insurance Portability and Accountability Act, HITECH Act, the Texas Privacy Protection Act, the Texas Identity Theft Enforcement and Protection Act, Massachusetts General Law 93H, 93I, Massachusetts General Law, Chapter 93H and Chapter 93I and all similar laws and all regulations implementing any of the foregoing.
Story Board means the message based functionality available as part of the Handdii Platform for the you, the Contractor and the Insurer to communicate to one another.
User means the person who has registered to use the Handdii Platform as an Insured, Insurer, Contractor or otherwise
User Code of Conduct means the list of conduct standards required to be adhered to by Users of the Handdii Platform, found at www.handdii.com.
Work Health and Safety Laws means the Occupational Safety and Health Act of 1970 (“OSH Act”), including without limitation, 1) the General Duty and OSHA Standards (as defined in the OSH Act), including without limitation those standards applicable to construction, all duties to provide a) protective equipment, b) information, and c) access to records, 2) all applicable guidance and regulations, and current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts, and 3) any applicable State Plans, as defined in the Act, authorized by the Occupational Safety and Health Administration (“OSHA”), including without limitation, the following State Plans:
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming
And all other safety laws and any regulations, interpretations, or guidance promulgated under any of the foregoing that apply in the state or territory of United States of America in which the Contractor is performing the work.
Work Health and Safety Laws for Work undertaken in Australia or New Zealand means the safety laws that apply in the state or territory in which the Contractor is performing the work:
• Work in Victoria is to be compliant with the Victorian Occupational Health and Safety Act of 2004, Occupational Health and Safety Regulations of 2017, Compliance Codes of Victoria and Australian Standards.
• Work in New South Wales is to be compliant with the New South Wales Work Health and Safety Act of 2011, the Work Health and safety Regulations 2017, NSW Codes of Practice and Australian Standards.
• Work in Queensland is to be compliant with the Queensland Work Health and Safety Act of 2011, the Work Health and Safety Regulations of 2011, Codes of Practice, Electrical Safety Act of 2002, Electrical Safety Regulations of 2013, Electrical safety Codes of Practice and Australian Standards.
• Work in South Australia is to be compliant with the South Australian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice of South Australia and Australian Standards.
• Work in Western Australia is to be compliant with the Western Australia Occupational Safety and Health Act of 1984, the Occupational Safety and Health Regulations of 1996, Codes of Practice and Australian Standards.
• Work in Northern Territory is to be compliant with the Northern Territory Work Health and Safety (National Uniform Legislation) Act of 2011, Work Health and Safety (National Uniform Legislation) Regulations of 2017, Codes of Practice and Australian Standards.
• Work in Australian Capital Territory is to be compliant with the ACT Work Health and Safety Act of 2011, Work Health and Safety Regulations of 2011, Codes of Practice and Australian Standards.
• Work in Tasmania is to be compliant with the Tasmanian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice and Australian Standards.