JK Silver Pty Ltd (A.B.N. 67 620 383 548) (“HandyPal”) operates an online platform at www.handypalservices.com.au (the “Website”) through which customers (“Users“) can book a Service Professional for the provision of domestic household services (“domestic household services“), by submitting a Booking Request. HandyPal then matches the most suitable Service Professional from its database of Service Professional’s to the Booking Request.
The Service Professional is in the business of providing domestic household services.
HandyPal does not offer the domestic household services itself but is a third party facilitator of the contracts between the User and the Service Professional. Accordingly, HandyPal can receive and confirm Users’ requests for domestic household services, issue invoices on behalf of the Service Professional and pass on payments to the Service Professional.
The User enters into two contractual relationships. The first contract being with HandyPal, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract being with the Service Professional for the provision of the domestic household services (“domestic household services Agreement”).
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).
- Definitions and Interpretation
1.1. In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by you on the Website for the provision of domestic household services;
“Booking System” means the online system which enables you to make a Booking;
“Cleaning Fee” means the fee (inclusive of goods and service tax, if applicable) for the domestic household services charged on an hourly basis or flat price, as advised by HandyPal from time to time;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;
“Payment Amount” means the amount that you are required to pay for the domestic household services under your Booking;
“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“you”, “your” means you as the user of the Website.
1.2 In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Eastern Standard Time;
(j) “includes” is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
- Terms and Conditions
2.1. Access to and use of this Website is governed by these terms and conditions.
2.2. HandyPal periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by HandyPal and do not form part of the Website. You agree that you will not hold HandyPal liable or in any way accountable for anything that occurs on any Third Party Site.
3.1. In order to use this Website and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(a) creating a User Profile; and
(b) clicking to accept/agree to the Terms.
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) you are not of legal age to form a binding contract with HandyPal; or
(b) you are a person barred from entering into contracts under legislation,
in which case, you must immediately leave the Website.
3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
- User Profile
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to make a Booking (“User Profile”).
4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the domestic household services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4.3. HandyPal may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
- Booking System
5.1. To make a Booking you must login to your User Profile and use the Booking System to request a Booking. There is a minimum two (2) hour duration for hourly bookings and a minimum of one bedroom for flat priced bookings. You will receive a Booking request confirmation receipt from HandyPal after submitting your Booking request.
5.2. HandyPal will then make your contact details, location, requested time and the scope of the domestic household Service available to their Service Professional network. An available Service Professional will then confirm their acceptance of the Booking.
5.3. You are able to select a preferred Service Professional. HandyPal will take your preference into account when facilitating the domestic household Service, however a specific Service Professional cannot be guaranteed and will depend on the Service Professional’s availability.
5.4. When a Booking is confirmed by a Service Professional, we will issue you with an acceptance email and attach the Domestic Household Service Agreement that constitutes the relationship between you and the Service Professional for the provision of the domestic household services. HandyPal will not, in anyway, be involved in the Domestic Household Service Agreement between you and the Service Professional, aside from processing the Payment Amount on behalf of the Service Professional and providing you with an invoice in accordance with clause 6.4.
5.5. If the requested Booking cannot be facilitated, HandyPal will arrange an alternative time for the domestic household service with you and a Service Professional.
5.6. You are not permitted to engage the domestic household services of a Service Professional other than through the Booking System on the Website.
5.7. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.8. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.10. HandyPal has the right at any time to add, change or withdraw functions available on the Website at its own discretion.
6.1. You agree that at the time of Booking, your payment details will be transferred to HandyPal’s secure payment gateway. HandyPal may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your domestic household service, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.3. On receipt of the Payment Amount, HandyPal will hold the Payment Amount on behalf of the Service Professional until such time as they are remitted to the Service Professional, refunded to you (if you are entitled to a refund) or transferred to HandyPal in payment of our fees and charges. No interest will be payable by HandyPal to you or the Service Professional on amounts held by HandyPal
6.4. HandyPal, on behalf and in the name of the Service Professional, will issue you with an invoice.
- Changes and Cancellations
7.1. You can cancel or amend a Booking on the Website, free of charge, up to 48 hours before the domestic household Service is scheduled to begin.
7.2. All cleaning cancellations must be made 48 hours prior to the cleaning service scheduled date. If a cleaning is within the 48 hour period before the service is to be rendered, the customer may be charged up to 50% of the booking total, with a minimum cancellation fee of $50. Cleaning cancellations include day-of rescheduling of a cleaning already in our system. You will be charged a fee of $50 due to us blocking out a spot in our schedule for your cleaning.Recurring payments that fail may result in disruption of service or cancellation altogether without notice.
7.3. You cannot amend, extend or cancel a Booking during the performance of the Services.
7.4. The Cleaning Agreement shall expire once the domestic household services under the Booking have been performed.
7.5. If the Service Professional is unable to fulfil a confirmed Booking (in full or part), we will attempt to find you a replacement Service Professional. If we cannot find you an alternative Service Professional, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
- Domestic household services
8.1. HandyPal operates the Website as a third party facilitator for the domestic household services and provides you with the platform to purchase the domestic household services.
8.2. HandyPal is not an agent or broker for you or the Service Professional. You enter into any transaction with a Service Professional entirely at your own risk.
8.3. HandyPal uses their best efforts to monitor the domestic household services offered by a Service Professional. However, HandyPal does not make any representation as to the safety, quality, condition or description of any products used or domestic household services provided by the Service Professional. Any issues regarding safety, quality, condition or description should be notified to HandyPal, who will then pass the issue onto the Service Professional designated to your Booking. You should refer to the terms and conditions of your Cleaning Agreement for further information.
8.4. All bookings are subject to Service Professional’s availability.
9.1. HandyPal may at its discretion terminate your use of, or access to, the Website at any time. If this happens we may notify you by email. If your use of the Website is terminated:
(a) you are no longer authorised to access the Website or use any other HandyPal services with the email address you used to register with the Website or any other email address you possess;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) all licences granted by you and all disclaimers by HandyPal and limitations of HandyPal’s liability set out in the Terms or elsewhere on the Website will survive termination.
9.2. You may terminate this agreement by emailing HandyPal at firstname.lastname@example.org. HandyPal will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
9.3. HandyPal reserves the right to deduct any outstanding fees and charges owing to HandyPal and/or the Service Professional on your User Profile prior to disabling it.
- Dispute Resolution Policy
10.1. HandyPal will use reasonable endeavours to mediate any dispute concerning the use of the Website.
10.2. Disputes in relation to the domestic household services carried out by a Service Professional or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
10.3 Any issues with the service must be reported to HandyPal within 24 hours. You must provide us with photos of an unsatisfactory clean within 24 hours of completion.
- Security of Payment
11.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. HandyPal does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
12.2. You agree that HandyPal will disclose your personal information, including your name, address and phone number to Service Professional in order for the Service Professional to carry out the domestic household services.
- Intellectual Property
13.1. The Site Content is protected by copyright and HandyPal reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
13.2. By accepting the Terms, you are granted a non-exclusive licence to:
(a) view the Website;
(b) print pages from the Website in its original form; and
(c) download any material from the Website for caching purposes only.
13.3. You must not, without HandyPal’s prior written consent which may be withheld at its absolute discretion:
(a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
- Acceptable Use
14.1. You must not use, or cause this Website to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes HandyPal’s or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the Website.
14.2 You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
(b) computer viruses;
(e) keystroke loggers; or
(f) any other malicious computer software.
- Indemnity and Liability
15.1 General indemnity
You agree to indemnify HandyPal on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which HandyPal may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
15.2. General limitation of liability
We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website.
15.3. domestic household services Liability
To the extent permitted by law, HandyPal will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the domestic household services.
15.4. Information accuracy
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website (i.e. Ratings), and that HandyPal does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
- Warranties and Representations
16.1. The use of this Website is at your own risk. The Site Content and everything from the Website is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
16.2. None of HandyPal’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website.
- General Provisions
17.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
17.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
17.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
17.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to South Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of South Australia.
In the event where your overdue account is referred to a debt collection agency, lawfirm and or the South Australia Civil and Administrative Tribunal., you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs, court costs and other miscellaneous costs associated with the collection of outstanding payment. .
18. Payment Options
Credit/Debit Card: HandyPal takes your privacy and security very seriously. Our website employs 128bit encryption and our booking system uses a 256bit encryption to ensure all of your personal details are safe and confidential.
Over the Phone: We accept card details over the phone only if you are a regular/existing customer. We input your information straight into your customer profile, once confirmed it is securely put away and cannot be accessed. Your payment details can be updated at your request.
We will only issue official quotes on a letterhead to jobs we have physically inspected onsite. All other forms of quotation are indicative only and subject to change. In the event of a quoting error, we hold the right to void the quote in question and issue a new one.
20. Move In Move Out Services
20.1. Booking A Move In/Move Out Service
It is imperative that when booking a service, that the customer picks the correct service. Hourly rates cannot be used for move in move out services. Nor is a deep clean to be selected in place of our Move in Move out service.
20.2. If a customer books an hourly service or deep (catch-up) clean when they are moving out from their home, the customer gives us the right to charge the move in/move out cost to them.
20.3. We will let the customer know in advance that we will be charging a move in/move out rate, via email and text message.
20.4. If the customer refuses to pay the excess, the customer gives us the right to cancel the job and charge a non-refundable fee of $60.
20.5. Customers/Property Managers have 72 hours to advise Handypal of any cleaning faults that require rectification, if advised outside of this time frame, the Customer/Property Manager will be charged for this additional time.
20.6. Cleaning Professionals do not collect keys for properties requiring cleaning and must be made available onsite.
21. Happiness Guarantee
21.1 If you are not completely happy with your recent cleaning service, based on the flat rate pricing model, notification of such event must be reported to Handypal within 24 hours of service, by email or phone. Once we receive the notification, we will send another team to re-clean the areas of concern reported free of charge. Re-cleans must happen within 7 days of last service. If you are still unsatisfied, we will refund up to the entire service cost. In the case of a move in/move out clean notification is upto 72 hours.
22. Special Promotions; Coupons and Gift Cards
22.1. We may provide monetary promotional material to users. All these promotions are run at our sole discretion and can be altered or removed at any point in time without advance notification. Some coupons are for first time users only – if we deem you to be a current user, we may remove the coupon and charge you the full price accordingly. View our Instagram and Facebook page for exclusive offers.
22.2. HandyPal 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 domestic household services. Card must be presented at the time of purchase and available balance will be applied to your purchase.
22.5. Unused Gift Cards. Gift Cards have no cash value and are not redeemable for cash.
22.6. Gift Cards will expire 6 months after the purchase date
23. Breakage and Loss Policy
23.1. If there is a breakage or loss during your cleaning, notification of such an event must be made to Handypal within 48 hours of service, by email or phone. Once Handypal receives the notification, a form will be sent to you to be filled out. Please note the form needs to be received within 30 days after the incident occurs.
24. Hoarding and Hazardous Condition Policy
24.1. If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment that is covered by our cleaning packages, our cleaning teams have the right to walk away. Upon such a service, you will be charged a $50 booking fee due to holding your space in our schedule.