2. The Platform is solely a venue for communications. The Platform is a communications platform for enabling the connection between individuals seeking to obtain services (the “Customer”) and/or individuals seeking to provide services (the “Service Provider”). Customers and Service Providers together are referred to as “Users”. Those Services requested by the Customer, which are to be completed by the Service Providers, are hereinafter referred to as “Services”. The Company does not itself provide Services. The provision of all Services is up to the Service Provider, which may be scheduled through use of the Platform.
3. THE COMPANY, THROUGH THE PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SERVICES. THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE CLEANING SERVICES AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. IT IS UP TO THE THIRD-PARTY SERVICE PROVIDERS TO OFFER CLEANING SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH CLEANING SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD-PARTY CLEANING SERVICE PROVIDERS BUT DOES NOT NOR IS IT INTENDED TO PROVIDE CLEANING SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A CLEANING SERVICE. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD-PARTY CLEANING SERVICE PROVIDER AND/OR ANY CLEANING SERVICES PROVIDED TO YOU.
Representations and Warranties
5. Where you are a Customer, You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
Service Providers are Independent Contractors
6. Where you are a Service Provider, you represent and agree that you are an independent contractor providing service to Customers. You, the Service Provider agree to prepare the necessary tools and comply with the Laws of Hong Kong as to the required obligation of an independent contract (including purchase of valid insurance coverage) in order to provide the Services lawfully. Service Providers will assume responsibility for their own chance of profit and risk of loss. There is no employment relationship formed between the Service Providers, the Customer and/or the Company through the Service provided by the Service Providers. Service Providers SHALL NOT utilize the Platform to obtain employment and Customers SHALL NOT regard themselves as an employer of the Service Providers.
7. By using the Software or the Application, you the User agrees that:
a) You will only use the Service for lawful purposes;
b) You will only use the Service for the purpose for which it is intended to be used;
c) You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
d) You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
e) You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
f) You shall not contact the Service Provider for purposes other than the Service;
g) You will not impair the proper operation of the Platform;
h) Where you are a Service Provider, you agree to the applicate rates charged on top of the Job Rate for using the Platform;
i) Where you are a Customer, you shall not intentionally or unintentionally cause or attempt to cause harm to the Service Provider or damage to the Service Provider’s equipment (where applicable);
j) You will not try to harm the Service Provider, the Platform, the Application and/or the Software in any way whatsoever;
k) You will not copy, or distribute the Software or other content without written permission from the Company;
l) You will only use the Software and/or the Application for your own use and will not resell it to a third party;
m) You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
n) You will provide the Company with proof of identity as it may reasonably request or require;
o) You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.
p) You agree that the Company may rely on your information as accurate, current and complete.
q) You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
r) You will only use an access point or data account which you are authorized to use;
s) You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;
t) You are aware that when requesting cleaning services by SMS or use of the Service, standard telecommunication charges will apply;
u) Where you are a Customer, you shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or the Service Provider regardless of any misgivings that you may have against the Company or the third-party cleaning service provider;
v) You shall not impair or circumvent the proper operation of the network which the Service operates on;
w) You agree that the Service is provided on a reasonable effort basis; and
z) Where you are a Customer, you agree that the Service Providers are independent contractors and by no means constitute in any form an employment relationship between the Service Providers and You.
aa) You agree that the Platform is provided “as is” and without warranty;
bb) You agree to release the Company from liability based on any claims relating to the Service and otherwise and your agreement to the limitation of time within which a claim can be brought under this Agreement.
cc) You agree to indemnify the Company from claims arising your use or inability to use the Services, your breach of any terms of this Agreement, applicable laws or third party rights, and/or content or information submitted from You.
dd) You agree that the Company may compel binding arbitration for any dispute, and You agree to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
ee) You consent to any modifications or amendments, future or present to this Agreement .
8. The Company checks the backgrounds of Service Providers. You should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with any person whom it does not know.
9. BY USING THE PLATFORM, YOU AGREE TO HOLD THE COMPANY FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
10. This Agreement shall continue in full force and effect until such time as it is terminated by You or by Us.
11. We may terminate this Agreement or terminate or suspend your right to use the Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Platform due to any Prohibited Conduct, we will refund in full any unused balance in your account. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action. When terminating your account, we may delete the account and all the information in it. You have no ownership rights to your account.
12. You may terminate this Agreement by completely and permanently ceasing to use the Platform (provided that there are no outstanding Services ordered under your password or account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise cancelled as permitted by the Company.
Minimum Commitment Term (“Service Cycle”)
13. All orders for Services are subject a minimum commitment of cleaning sessions and period (a “Service Cycle”). Your Service Cycle commences on the date of your first scheduled appointment (the “Commencement Date”). The Service Cycles options are as follows:
No. of Cleaning Sessions
Duration (in calendar weeks)
No of hours per session
6 cleaning sessions
12 calendar weeks
1 per 2 weeks
12 cleaning sessions
24 calendar weeks
1 per 2 weeks
12 cleaning sessions
12 calendar weeks
1 per week
24 cleaning sessions
24 calendar weeks
1 per week
14. You will have the option to pre-set the appointment dates (the “Appointment”) for each Service during your Service Cycle. If you have not made pre-appointments, depending on the Service Cycle selected by You, the Platform will automatically schedule appointments on recurring dates ("Recurring Appointment"). The Company cannot guarantee that the same Service Provider will be available for each Recurring Appointment.
Expiration of Service Cycle and Automated Renewals
15. Once Your Service Cycle is complete, your selected Service Cycle will remain active and the Platform will automatically schedule Recurring Appointments to occur on future dates indefinitely at the frequency last requested by you and will charge your Card based on its last selected time and frequency. You may cancel you plan in accordance with the cancellation policy set forth below.
16. The rate per hour for a Service (“Job Rate”) depends on various factors, such as location and how frequently a Recurrent Appointment is ordered. Therefore, the same Service may cost more in a different location or if the Service is ordered less frequently. The Service Provider will be charged a prevailing rate on the Job Rate for matching the Customer to the Service Provider.
Service Cycle Cancellation Fee for Customers
17. Once You have selected a Service Cycle, You will be subject to and charged a cancellation fee up to HKD 500 should You elect to terminate the Service prior to the expiration of the Service Cycle.
Rescheduling Service appointments during the Service Cycle by Customers
18. Once You have selected a Service Cycle, You may reschedule any Appointment for free at least 24 hours in advance of the Appointment, provided such rescheduled Appointment will occur within the Service Cycle.
19. Depending on Your selected Service Cycle, You are entitled reschedule an Appointment outside the Service Cycle in the following order:
No. of permitted reschedules outside of term
Term from Service Cycle for rescheduling
12 calendar sessions per week
24 cleaning sessions per week
20. Subject to the permitted rescheduling above, if You skip any Appointment within the Service Cycle or reschedule any Appointment within the Service Cycle outside the Service Cycle, You will be charged for the amount payable for the Appointment.
Policy for Service Cancellation by Service Provider
21. When a Service Provider cancels a scheduled Appointment, the Platform generally notifies You and makes your request available to an alternative Service Provider for matching and undertaking. However, the Company cannot guarantee that an Appointment cancelled by a Service Provider will be selected by another Service Provider and rescheduled (where applicable) or that the Service Provider and/or your request will be completed or delivered. For Recurring Appointments, if an Appointment is cancelled by a Service Provider, you will not be charged for that Appointment. Service Providers who cancel a scheduled Appointment may incur fees.
Payment by Cards
22. We will charge your credit card according to the amount agreed upon between you and the Service Provider through the Platform with respect to all Services, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Service, and you hereby authorize us to charge the credit card on in our records for such amounts (the “Payments”).
Payments on the Platform
23. You are obligated make Payments by credit card and or debit card (“Card”). All Payments by you must be made through the Platform. Any Payments paid outside of the Platform will not be subject to the benefits of our Grievance Redressal Policy and Cancellation Policy.
Payments by Card
24. You will need to register a valid Card which belongs to you in accordance with the instructions within the Platform. If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the cleaning services. You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service. You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card. In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
26. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any personal information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
27. Within 48 hours from the completion of a Service where is no complaint is lodged by the Customer, we will deem the Service and or respective Appointment concluded. If you do not report the issue within 48 hours of the appointment, you claim is ineligible for the Guarantee.
28. If You ordered and paid for a Service through the Platform and the Service has already been performed, and if you are not satisfied with that Service, then you are eligible for our Grievance Redressal provided that you make a claim providing us with the necessary information within 48 hours of the Service appointment to our customer service telephone number by calling 35682596.
29. Following your claim for Grievance Redressal We shall either refund your Payment for the respective Service, or, alternatively, we will have the applicable Service re-performed. If you elect to have the Service re-performed and you are still not satisfied with the Service after it has been re-performed, we will refund your Payment amount for such Service. This Grievance Redressal does not apply to any cost, liability, damage, injury, or claim arising from or in connection with the Services.
30. The Company provides certain limited additional protections for Services (the “Guarantee”). Subject to the below terms and conditions and limitations, the Company will compensate Users subject to the exclusions below, up to HKD 200 per occurrence for losses arising from:
a) property damage as a direct result of negligence of a Professional during performance of a Professional Service or
b) direct result of negligence of a Professional during performance of a Service.
provided the amount shall be limited to up to HKD $200
31. For Recurring Appointments, each Service is treated as a separate occurrence.
32. You will be covered under the Guarantee, subject to the exclusions provided:
a) The Service is agreed to between a Customer and a Service Provider using the Platform, and the service is performed by the Service Provided obtained through the Handy Platform;
b) You have not violated this Agreement;
c) You have reported the claim within 48 hours of the Service; and
d) Your account is in good standing with no outstanding balances owed to the Company.
e) You have items that require no standard of above objectively reasonable and communicated the location and identity of those items to the Service Provider prior to the start of the Service; and
f) You have accounted for and secured all such items prior to the start of a Service.
33. The Guarantee does not cover the following:
b) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
c) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
d) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
e) losses arising from the acts or omissions of a Requester or third party;
f) losses arising from the negligence or misconduct of a third party;
g) losses arising from a manufacturer’s or a product’s defects;
h) losses from pre-existing damages or conditions of the item or property;
i) losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
j) losses arising from flooding and/or water damage including mould, fungi or bacteria;
k) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
l) losses of cash, third party gift cards, and securities;
m) losses as a result of an intentional wrongful act by a Professional;
n) losses arising from normal wear and tear;
o) losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
p) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewellery, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewellery, precious stones, precious metals, and similar property of rarity, historical value;
q) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
r) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
s) losses excluded pursuant to Section 17 of the Agreement;
t) losses based on sentimental and/or undocumented intangible value;
u) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
v) losses related to repairs outside of the area where the Professional Services were performed;
w) losses of pets, personal liability or damage to shared or common areas;
x) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
y) losses of theft without a valid police report, if requested by Handy; and losses with insufficient documentation; and
z) losses occurring after, or unrelated to, the performance of a Professional Service;
aa) losses involving products or services, or uses of either, that are prohibited by law;
bb) losses due to unforeseeable or latent defects in the premises;
cc) losses related to services not explicitly booked through the Handy Platform; and
dd) losses reported by third parties
34. If the Customer has agreed with the Service Provider to extend or reduce the hours in or to reschedule a requested Service, the Customer the responsibility for notifying the Company. Customers must notify the Company either by amending the Appointment through the Platform or by calling our customer service at 35682596.
Personal Information, User Accounts and Communication
Collection of your Personal Information
Account, Password and Security
36. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, enter your account to make changes that you request, such as rescheduling a Service Cycle. The Company has no control over the use of any User’s account by the User or third parties 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 must contact us immediately at firstname.lastname@example.org or Tel. 35682596. Nothing in this section shall affect the Company’s rights to limit or terminate the use of the Platform.
Proof of Identity
37. You will provide us with such proof of identity as we may reasonably request from time to time.
Text Messages and Phone Calls
38. By providing your phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from us by replying with the word “STOP” to a text message from us.
39. The Platform may send you confirmation and other transactional emails regarding the Services. The Platform may also send you emails about services that we think might interest you (“Promotional Emails”). The Promotional Emails include an option for you to opt out of receiving such emails.
40. The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information and all other information and data of the Company 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 or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Platform as expressly permitted by this Agreement and only during the term of this Agreement.
41. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose.
42. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
43. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever. The Platform contains secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Platform is confidential and proprietary.
Links to and Plug-Ins from Other Web Sites or Media.
45. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
46. The Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Platform, including without limitation that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information:
a) will comply at all times with this Agreement and with (Personal Information; User Accounts) above; and
b) will not create liability for us or cause us to lose (in whole or in part) the services of its ISPs, customers, or other partners or suppliers.
47. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Platform. We reserve the right to remove postings from Community Areas in our sole discretion.
48. If you have any questions regarding this Agreement, please contact us at [email@example.com] or by mail at: Attn.: Legal Unit 401-403, L4 Cyberport 1, 100 Cyberport Road, Hong Kong
Rules for Use of the Platform by Customers.
49. During the term of this Agreement, you may use the Platform for your personal use only (or for the use of a person, including a company or other organization, that you validly represent). Customers may use the Platform to book Services solely with respect to a location where the Customer is legally authorized to have Services performed. Customers may not use the Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Customers agree that an order for Services is an offer, which is only accepted when the Customer receives a confirmation of the order. Customers agree to treat the Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Services. Customers agree to communicate any complaints to us and not to the Service Providers. Customers agree to comply with our complaint and other policies designated on the Site. Customers acknowledge that their selected Service Provider may be unavailable from time to time, e.g. due to illness, vacation or leaving the Company.
50. You shall NOT use the Platform (including but not limited to any Community Areas) to do any of the following:
a) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b) Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d) Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e) Use the Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g) Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Platform without express written permission from us.
h) Use the Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k) Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
l) Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m) Restrict or inhibit any other User from using and enjoying the Platform.
n) Imply or state that any statements you make are endorsed by us, without our prior written consent. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Platform in any manner, or attempt to do any of the foregoing.
o) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
p) Upload content 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.
q) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit people under the age of 18 in an abusive, violent or sexual manner.
r) Register to use the Platform under different usernames or identities, after your account has been suspended or terminated.
s) Mirror or archive any part of the Platform or any content or material contained on the Platform without the Company’s written permission.
Special Promotions; Gift Cards and Vouchers.
Changes to Promotions
51. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
52. In the event that you are given a code through which you may refer an individual to the Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact firstname.lastname@example.org or call 35682596
Gift Cards and Vouchers
53. The Company’s gift cards (“Gift Cards”) and vouchers or promotional codes for special offers or discounts (“Vouchers”) (individually, “Card”, or together, “Cards”) may be available and can be used to pay in part or in full for Services. Card must be presented at the time of purchase and available balance will be applied to your purchase. Card does not expire and there are no fees associated with use of Card.
Unused Gift Cards
55. Gift Cards have no cash value and are not redeemable for cash.
Intellectual Property Rights
56. The Platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates and licensors, excluding User-generated content, which the Company has a right to use. The Company Materials are protected from unauthorized copying and dissemination. The Company and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information regarding the Platform, you hereby assign to the Company all right, title and interest thereto. The service marks and trademarks of Company, including without limitation, the Company logo are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Platform without the express prior written consent of the owner.
Modifications to the Platform
57. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Platform or any content or information on the Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Platform.
Disclaimer of Warranties, Indemnification, Limitation on Liability.
59. USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY SERVICE PROVIDER’S REGISTRATION, ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIS AGREEMENT. ACCESS TO THE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMAPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
60. THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM, AND SUCH SERVICE PROVIDER, AT YOUR OWN RISK.
61. NOTHING IN THIS AGREEMENT OR THE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.
62. YOU ACCEPT THAT, AS A LIMITED COMPANY, THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
LIMITATION ON LIABILITY
63. YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS 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 COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
65. THE COMPANY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE PLATFORM. THE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE COMPANY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
67. You hereby agree to indemnify, defend, and hold harmless the Company, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including legal costs incurred), in connection with or resulting from, directly or indirectly:
a. your use of or inability to use the Platform and/or any Service,
b. your violation of this Agreement,
c. your violation of any applicable law or regulation;
d. your violation of the rights of another (including but not limited to Service Providers),
e. Your Information and content that you submit or transmit through the Platform and
f. Your request for helper to perform any cleaning tasks that they deem it’s a life and health risk. (E.g. cleaning of an object or area at a high location and requires climbing. Helper will only perform internal window cleaning. External window cleaning is not within our service scope). The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
68. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right.
69. This Agreement constitutes the entire agreement between you and the Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
No Joint Venture, Agency or Employment
70. Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of the Company. You acknowledge that we do not supervise, direct, or control a Service Provider’s work or Services performed in any manner. Service Providers may wear a Company uniform or other Company badge purely for the purpose of identifying themselves as a service person contacted through the Platform. You understand and agree that if we are found to be liable for any claim in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Service Provider was classified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Service Provider, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, MPF, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, or any other employee benefits.
71. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
72. This Agreement may not be assigned or transferred by you without our prior written approval. 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. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
Limitation to Commence Action
73. You agree that regardless of any ordinance or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred.
74. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, delivery service, and/or ordinary post. Your address for such notices is your email address and/or physical address that you have provided to the Company or Your Information.
75. The Company’s address for such notices is: [email@example.com] and/or by mail to LAZY Cleaning Limited, Attn: [Unit 401-403, L4 Cyberport 1, 100 Cyberport Road, Hong Kong].
76. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by the Company, as described below.
77. This Agreement shall be interpreted as if jointly drafted by the parties. The Company shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond the Company’s reasonable control including, without limitation, breakdown of systems or network access, fire, or accident.
78. All provisions that should by their nature survive the expiration or termination of this Agreement.
79. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Platform. Your continued use of the Platform following any revision to this Agreement is deemed and constitutes your complete and irrevocable acceptance of any and all such changes.
80. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute by way of mediation (the “Mediation”) before initiating any arbitration or court proceeding. Such Mediation will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. the Company’s address for such notices is: [firstname.lastname@example.org] and/or by mail to [Unit 401-403, L4 Cyberport 1, 100 Cyberport Road, Hong Kong].
81. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
Last updated: May, 5, 2018