These Terms of Use, together with the privacy policy available at www.thatshandy.app/privacy-policy (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY.
Terms of Use
That’s Handy Ltd provides a personalized digital platform (“That’s Handy Ltd Platform”) that enables you to find conveniently, request, and services in your local area from third-party providers that meet your needs and interests. These Terms of Use (“Terms”) govern your access or use, from within Bermuda, of the That’s Handy Ltd Platform and any related content or services (collectively, the “Services,” as more fully defined below in Section 3) made available in Bermuda and British Overseas Territories and possessions by That’s Handy Ltd and its subsidiaries, representatives, affiliates, officers and directors (collectively, “That’s Handy Ltd”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THAT’S HANDY LTD. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with That’s Handy Ltd or its subsidiaries regarding any services delivered by Third Parties and independent contractors via the platform. To the extent (but only to the extent) any agreement you may have with That’s Handy Ltd or ordering services through the platform conflicts with these Terms, those agreements (and not these Terms) will prevail for any disputes arising from you, delivering any services.
That’s Handy Ltd may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof at any time for any reason.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THAT’S HANDY LTD CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE SECTION 2 BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH THAT’S HANDY LTD ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN SECTION 2 BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain options and/or offers available through the platform, such as terms or policies may apply for a particular offer, reward, or discount options (e.g. That’s Handy Ltd, event, program, activity, or promotion. Such supplemental terms will be disclosed to you in connection with the applicable option or offer. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.
That’s Handy Ltd may change these Terms from time to time. If That’s Handy Ltd makes changes, it will notify you of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless That’s Handy Ltd says otherwise in its notice, the amended Terms will be practical immediately and your continued access to and use of the Services after That’s Handy Ltd provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services.
That’s Handy Ltd’s collection and use of personal information in connection with the Services is described in That’s Handy Ltd’s Privacy Notice located at https://www.thatshandy.app/privacy-policy
That’s Handy Ltd operates a personalized multipurpose digital platform that is accessed in several forms, including mobile and/or web-based applications (“Applications”). Among other things, the That’s Handy Ltd Platform enables you to discover and receive: (i) services rendered by That’s Handy Ltd that facilitate your requests to independent third-party providers, including service providers and services (“Third-Party Providers”), for the purchase of services or goods, such as available on a per hour or fixed price, services from those Third-Party Providers; (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) any supporting services, including payment processing and customer support. The That’s Handy Ltd Platform, personalized content and support services described in this Section are collectively referred to as “the Services.” Unless otherwise agreed by That’s Handy Ltd in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST AND IF APPLICABLE, OBTAIN SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE THAT’S HANDY LTD PLATFORM AND SERVICES DOES NOT ESTABLISH THAT’S HANDY LTD AS A PROVIDER OF SERVICES.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THAT’S HANDY LTD IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY-RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY THAT’S HANDY LTD IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT CONTRACTOR.
License.
Subject to your compliance with these Terms, That’s Handy Ltd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by That’s Handy Ltd and That’s Handy Ltd’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by That’s Handy Ltd; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content.
The Services may be made available or accessed with third-party services and content (including advertising) that That’s Handy Ltd does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. That’s Handy Ltd will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by That’s Handy Ltd. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. That’s Handy Ltd does not endorse such third-party services and content and in no event shall That’s Handy Ltd be responsible or liable for any products or services of such third-party providers.
App Stores.
You acknowledge and agree that the availability of the Applications may be dependent on the third-party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and That’s Handy Ltd and not with the App Store and that That’s Handy Ltd is responsible for the provision of Services as described in this Agreement. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
Ownership.
The Services and all rights therein are and shall remain That’s Handy Ltd’s property or the property of That’s Handy Ltd’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
You agree that you will not use That’s Handy Ltd’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“That’s Handy Ltd’s Marks”), aside from use incidental to your use of the Services, without express, written permission from That’s Handy Ltd. This prohibition on using That’s Handy Ltd’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to That’s Handy Ltd certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by That’s Handy Ltd. For more information regarding That’s Handy Ltd’s use of your personal information, please see our Privacy Notice currently available at https://www.thatshandy.app/privacy-policy/. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by That’s Handy Ltd in writing, you may only possess one Account.
User Requirements and Conduct.
The Services are not available for use by persons under the age of 18. You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 to request or services from Third-Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. If In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or other method of identity verification.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.
To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
Collection of your Personal Information.
Some of the materials available on the That’s Handy Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.
c.a Use of your identity documents, the safety of our customers and community are paramount, and by registering to be a service provider on the, That’s Handy Platform, you consent that any time we can provide the identification documents you provide to the relevant authorities for any reason.
Disputes
All Charges and payments will be enabled by That’s Handy Ltd using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that That’s Handy Ltd may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by That’s Handy.
That’s Handy Platform; Screening.
THAT’S HANDY, THROUGH THE THAT’S HANDY PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROVIDER SERVICES AND, BUT DOES NOT PROVIDE PROFESSIONAL SERVICES OR ITSELF, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR SERVICE RELATED PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. THAT’S HANDY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY MERCHANDISE PROVIDER OR RETAILER. THAT’S HANDY, IS ALSO INDEMNIFIED FOR ANY LOSS, DAMAGE TO YOU OR YOUR PERSONS OR CONTENTS OF YOUR HOME FOR ANYTHING PURCHASED BY THE (“CUSTOMERS”).
THAT’S HANDY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THAT’S HANDY IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL’S BACKGROUND CHECK OR PROFILE. BY USING THE THAT’S HANDY PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD THAT’S HANDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES PROVIDED. THAT’S HANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
Rules for Use of the That’s Handy Platform.
During the term of this Agreement, Requesters may use the That’s Handy 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 That’s Handy Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Services performed. Requesters may not use the That’s Handy Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Customers agree to treat 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 Providers to enable them to supply Services. Customers agree to comply with our complaint and other policies designated on the Site. Customers acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the That’s Handy Platform (including but not limited to any Submission Areas) to do any of the following:
No Employment.
That’s Handy provides a software platform that allows you to obtain certain services that That’s Handy fulfills using independent Contractors. That’s Handy is not the employer of any Service Providers, are not That’s Handy’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner.
Email, Text Messaging and Telephone Calls.
You agree that That’s Handy Ltd, and its subsidiaries, representatives, affiliates, officers and directors, may contact you by Email, telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with a That’s Handy Ltd account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt-out of receiving email and text messages from That’s Handy Ltd at any time, either by replying “STOP”, texting the word “STOP” to using the mobile device that is receiving the messages, or by contacting our support team . That’s Handy Ltd.com. If you do not opt out, That’s Handy Ltd may contact you as outlined in its User Privacy Notice, located at https://www.thatshandy.app/privacy-policy. In the case of email, you should elect to unsubscribe.
You agree that That’s Handy Ltd may contact you using any of the phone numbers you provided in connection with a That’s Handy Ltd account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
User Provided Content.
That’s Handy Ltd may, in That’s Handy Ltd’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to That’s Handy Ltd through the Services textual, audio, and/or visual content and information, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to That’s Handy Ltd, you grant That’s Handy Ltd a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and That’s Handy Ltd’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant That’s Handy Ltd the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor That’s Handy Ltd’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by That’s Handy Ltd in its sole discretion, whether or not such material may be protected by law. That’s Handy Ltd may, but shall not be obligated to, review, monitor, and remove User Content, at That’s Handy Ltd’s sole discretion and at any time and for any reason, without notice to you.
User Feedback.
As That’s Handy Ltd respects your rights to your ideas, you agree that you will not submit any confidential ideas, information, or suggestions in any form to That’s Handy Ltd or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of That’s Handy Ltd, without any compensation to you; (ii) That’s Handy Ltd has no obligation to review your submissions; (iii) That’s Handy Ltd may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) That’s Handy Ltd has no obligation to keep your submissions confidential.
False Information:
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THAT’S HANDY AND THE SERVICE PROVIDERS, AND TO CUSTOMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THAT’S HANDY AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THAT’S HANDY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
Emails.
That’s Handy may send you confirmation and other transactional emails regarding the Professional Services. That’s Handy and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. That’s Handy Ltd does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from That’s Handy Ltd and/or from Third-Party Providers (“Charges”). You acknowledge that prices displayed to you when purchasing goods through the Services may include retail prices charged by the Third-Party Provider and service fees paid to That’s Handy Ltd. That’s Handy Ltd will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees, estimated or actual time and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other factors.
All Charges and payments will be enabled by That’s Handy Ltd using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that That’s Handy Ltd may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by That’s Handy Ltd.
As between you and That’s Handy Ltd, That’s Handy Ltd reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. That’s Handy Ltd will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf.
Referral Discounts.
In the event that you are given a code through which you may refer a friend to the That’s Handy Platform in exchange for a referral discount, 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. That’s Handy referral discounts are redeemable only for Services provided through the platform. That’s Handy referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. 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 us at www.thatshandy.app/help
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and That’s Handy Ltd will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. That’s Handy Ltd will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. Except for amounts provided by you through the Application as part of the “tip” feature, That’s Handy Ltd does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. There also may be certain Charges you incur that will be owed and paid directly to That’s Handy Ltd or its affiliates. To avoid doubt, That’s Handy Ltd does not charge a fee for a user to access the That’s Handy Ltd Platform but may charge users a fee or any other Charge for accessing Services made available through the Platform. Even if not indicated on the That’s Handy Ltd Platform, you understand that the prices for product or menu items displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Services may not be the lowest prices at which the product or menu items are sold. You also understand that product or menu item prices displayed through the Services or fees charged by and paid to That’s Handy Ltd may vary based on location or time requested.
Customers are obligated to pay in advance for those Professional Services they OBTAIN through the That’s Handy Platform (“Payments”). We will charge the Requester’s credit card according to the amount the Requester has agreed to on the That’s Handy Platform with respect to those Services and/, the Requester has, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated Service as well as the That’s Handy Other Fee’s and Charges (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester’s That’s Handy Platform account for such amounts. We will use third-party services to process credit card information and the requester is liable for these fee’s. By accepting this Agreement, you are giving That’s Handy (or a third-party payment processor on That’s Handy’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe That’s Handy. Depending on the transaction you selected, or services requested, That’s Handy charges you on a one-time or recurring basis. That’s Handy also reserves the right to bill additional service fee’s defined on our rate sheet, which are subject to change from time to time . All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with That’s Handy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as completed. all Payments by Requesters must be made through the That’s Handy Platform. Subject to the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. 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 information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes and fee’s on the Professional Service(s) provided (other than taxes based on That’s Handy’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to That’s Handy or third parties, then That’s Handy may withhold any payments to you for as long as we determine any related risks to That’s Handy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means, including by charging the card we have on file. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
If you think a correction should be made to any Charge you incurred, you must let That’s Handy Ltd know in writing within 30 days after the Charge took place or That’s Handy Ltd will have no further responsibility and you waive your right to later dispute the amounts charged.
That’s Handy Other fee’s and charges That’s Handy adds an additional “Other Fee’s and Charges” to support the That’s Handy Platform, including costs related to background checks, HIP, Health insurance, insurance, customer support, payment fees, IP, Marketing, Data Security, Hosting, Legal Compliance and service provider advertising, jobs, and related services provided to you by the That’s Handy Platform. and Support Fee will be applied to each appointment of a Professional Service requested through the That’s Handy Platform (e.g., if you ordered a Recurring Service, a Other Fee’s and Charges may be assessed on each Recurrent Service appointment). The amount of the Other Fee’s and Charges may vary but shall be retained by That’s Handy in its entirety. These fee’s and charges are subject to change at any time without notice.
Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. The activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the That’s Handy Help Centre at www.thatshandy.app/help
Damage, Cleaning, Lost and Found, and Violation of Terms.
That’s Handy Ltd may charge you a fee on behalf of Third-Party Providers if, during your use of the Services, you have caused property damage that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in That’s Handy Ltd’s sole discretion, based on the type of damage and the severity. That’s Handy Ltd reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by That’s Handy Ltd in That’s Handy Ltd’s reasonable discretion, That’s Handy Ltd reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by That’s Handy Ltd to a Third-Party Provider, if applicable, and are non-refundable.
Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
Disclaimer.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THAT’S HANDY LTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THAT’S HANDY LTD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
THAT’S HANDY LTD DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THAT’S HANDY LTD DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS INCLUDING DRIVERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF THAT’S HANDY LTD.
THAT’S HANDY LTD DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. THAT’S HANDY LTD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.
THAT’S HANDY LTD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THAT’S HANDY LTD, EVEN IF THAT’S HANDY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THAT’S HANDY LTD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF THAT’S HANDY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT’S HANDY LTD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THAT’S HANDY LTD’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME THAT’S HANDY LTD SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF THAT’S HANDY LTD.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT THAT’S HANDY LTD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY OUTLINED IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THAT HANDY LTD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THAT’S HANDY LTD’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold That’s Handy Ltd and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) That’s Handy Ltd’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
Governing Law
These Terms shall be governed by and construed by the laws of Bermuda Or the British Overseas Territory it operates in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction or in supplemental terms applicable to your region.
This Agreement is governed and interpreted pursuant to the laws of Bermuda. Notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Bermuda
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Notice.
That’s Handy Ltd may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). You may give notice to That’s Handy Ltd, with such notice deemed given when received by That’s Handy Ltd, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o That’s Handy Ltd, Inc. The name and current contact information located on our website at www.thatshandy.app. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
General.
You may not assign these Terms without That’s Handy Ltd’s prior written approval. That’s Handy Ltd may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of That’s Handy Ltd’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, That’s Handy Ltd or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. That’s Handy Ltd’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by That’s Handy Ltd in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
Intellectual Property Rights.
The That’s Handy Platform and the information, data, content and materials, that it contains (“That’s Handy Materials”), are the property of That’s Handy and/or its affiliates, subsidiaries, parents, and licensors, excluding User-generated content, which That’s Handy has a right to use as described below. The That’s Handy Materials are protected from unauthorized copying and dissemination by Bermuda copyright law, trademark law, international conventions, and other intellectual property laws. That’s Handy and/or its affiliates, subsidiaries, parents 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 That’s Handy Materials. Any use of That’s Handy Materials, other than as expressly permitted herein, is prohibited without the prior permission of That’s Handy and/or the relevant right holder. The service marks and trademarks of That’s Handy, including without limitation that’s handy and www.thatshandy.app and the That’s Handy logo are service marks owned by That’s Handy. Any other trademarks, service marks, logos and/or trade names appearing on the That’s Handy 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 That’s Handy Platform without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent. That’s Handy respects the intellectual property of others, and expects Users to do the same. That’s Handy will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the That’s Handy Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity,
Confidentiality.
The term “Confidential Information” shall mean any and all of That’s Handy’s trade secrets, confidential and proprietary information, personal information and all other information and data of That’s Handy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The That’s Handy Platform contains secured components that are accessible only to those who have been granted a username and password by That’s Handy. Information contained within the secure components of the That’s Handy Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of That’s Handy and agree that you will not use Confidential Information other than as necessary for you to make use of the That’s Handy Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify That’s Handy in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to That’s Handy upon termination of this Agreement for any reason whatsoever.
Disclaimer of Warranties; Limitation on Liability.
NOTHING IN THIS AGREEMENT OR THE THAT’S HANDY 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 THAT’S HANDY 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 THAT’S HANDY PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, THAT’S HANDY 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 THAT’S HANDY’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 THAT’S HANDY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THAT’S HANDY.
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.
Indemnification. You hereby agree to indemnify, defend, and hold harmless That’s Handy, its licensors, and each such party’s directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the That’s Handy Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the That’s Handy Platform. That’s Handy 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 That’s Handy.
BY USING OUR PLATFORMS OR WEBSITE, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY AND AGREE THAT USE OF THE THAT’S HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.