HANDDII PTY LTD
TERMS AND CONDITIONS OF USE OF THE HANDDII PLATFORM

These Terms and Conditions of Use are to assist you (as a User) to understand Handdii's and your own obligations and responsibilities in relation to the Handdii Platform. They do not apply to the use of the Handdii Platform by other Users, or any associated services provided by Handdii to them.

By accessing and/or using the Handdii Platform, you accept and agree to comply with and be bound by the following Terms and Conditions of Use which govern Handdii's relationship with you in connection with the Handdii Platform. If you do not agree with these Terms and Conditions or any part thereof, you are not entitled to and must not access and use the Handdii Platform.

  1. Overview of the Handdii Platform

    The Handdii Platform is designed to:

    1. allow you as an Insurance Policy holder to register your details on the Handdii Platform for the purposes of lodging a claim;
    2. provide you with the opportunity to be paired with a Trade Provider for the purpose of undertaking repair work (Work) pursuant to your Insurance Policy.
    3. provide your insurer with information required to assist in the claim process.

  2. Handdii's Role and Obligations

    1. You acknowledge that Handdii only acts as a facilitator and will not be a party to any arrangement with you, the Trade Provider and/or Insurer that may arise from you being paired with the Trade Provider through the Handdii Platform.
    2. You acknowledge that repair work is performed independently by the Trade Provider and that Handdii does not provide any of the services in relation to the repair work.
    3. Handdii does not guarantee that:
      1. the repair work will be undertaken by the Trade Provider;
      2. the claim will be accepted by the Insurer.
    4. Handdii accepts no liability for any aspect of your interaction with the Insurer, the Trade Provider and/or, including but not limited to the description, performance or delivery of Work for you.
    5. After the repair work has been completed:
      1. you may review and provide feedback of the Work on the Handdii Platform; and
      2. you agree to not unreasonably give the Trade Provider a low rating for the repair work.
    6. Fees, payments and refunds
      1. All payments are conducted via the Pin Payments gateway and Handdii provides access to this within the platform.
      2. Upon validation of the claim and where requested by the insurer to collect excess payment, Handdii will charge your credit card for the value of the excess payment and pass this payment to the Insurer.
      3. Upon satisfactory completion of the repair work Handdii will issue an invoice (on the Trade Provider’s behalf) to the Insurer in relation to the insurance Work performed. The invoiced amount will be calculated based on the Fixed Rates and will include the cost of materials.
      4. Handdii will issue an invoice (on the Trade Provider’s behalf) to you and will automatically charge your credit card for the value of the maintenance work undertaken. The invoiced amount will be calculated based on the Fixed Rates and will include the cost of materials and an administration fee.
    7. Your use of the Handdii Platform is entirely at your own risk, for which we shall not be liable in any way whatsoever. You agree that should you not be happy with the Work you should and can use the Claims Story Board to ask the Trade Provider for an explanation in relation to your concerns, and if appropriate, you may request that the Work is rectified.
    8. You agree that, subject to negligence, your sole remedy against a Trade Provider is rectification of Work.
  3. Your Obligations

    1. You are at least 18 years of age. You will provide proof of identity with a driver's license or other legal document requested in our reasonably discretion if requested to do so.
    2. You may only use the Handdii Platform for lawful purposes and in a manner consistent with the nature and purpose of the Handdii Platform and the User Code of Conduct.
    3. Like any service provider, the effectiveness of any Trade Provider’s service is dependent on complete and truthful answers to all questions they ask Users, so that they can assess how best to investigate and solve the issue you are experiencing, and plan and execute Work. Users understand and agree that they must at all times:
      1. answer all reasonable questions asked of them by Trade Providers;
      2. be accurate, honest and fulsome in their answers to Trade Providers ; and
    4. You acknowledge and agree that all Trade Providers must comply with applicable Work Health and Safety Laws depending on the State or Territory the Work is completed in (as referenced in the definitions section of these Terms and Conditions of Use) and:
      1. You will comply with all reasonable requests made by a Trade Provider to assist them to comply with Work Health and Safety Laws
      2. You will disclose to Trade Providers any and all matters that you are reasonably aware of which might contribute to their ability to comply with Work Health and Safety Laws.
    5. Files that you upload using the Handdii Platform are subject to limitations on usage, reproduction and communication, and you are responsible for adhering to such limitations.
    6. You must not communicate any information or material using the Handdii Platform which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Handdii Platform.
    7. Handdii may, at its sole discretion, immediately terminate your use and access to the Handdii Platform if you have breached any obligation under this clause 3. This includes removing any content you have submitted on the Handdii Platform or cancelling or suspension of your record on the Handdii Platform.
  4. Intellectual Property

    The Handdii Platform and its entire contents, features and functionality (including but not limited to all information, compilation, organization and display of the content, as well as all software, images, logos, video and audio), are the exclusive property of Handdii and are protected by laws relating to intellectual property.

  5. No Access Or Use For Commercial Purposes

    These Terms and Conditions of Use permit you to use the Handdii Platform for your personal, Trade Provider needs, and for non-commercial use only. You must not access or use the Handdii Platform or any services or materials available through the Handdii Platform for any commercial purposes.

  6. Links on the Handdii Platform

    The Handdii Platform may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

  7. Privacy

    We are required to comply with the obligations under the Privacy Act 1988 (Cth). We respect your right to privacy and have devoted considerable effort toward ensuring that your personal information is secure. We have developed a Privacy Policy to inform You about our privacy practices, which you can view at www.handdii.com.

  8. Disclaimers

    1. You acknowledge and agree that Handdii is not a Trade Provider and is not liable for any Work completed by a Trade Provider paired with you by using the Handdii Platform. We do not warrant or represent that any particular medication or treatment (including medication or treatment provided by a Trade Provider during a Consultation) is safe, appropriate or effective.
    2. Many factors may impact on the availability of Trade Providers and the completion of Work. We endeavour to facilitate a mutually beneficial pairing of an Insured and an appropriately skilled Trade Provider, however Handdii cannot and does not guarantee that a Trade Provider will be available at a specified time, or at all, or that the Work will be completed to your satisfaction, or at all.
    3. To the extent permitted by law, the Handdii Platform is provided to you for use "as is" and "as available". It is provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of Trade Providers, all of which are hereby expressly disclaimed.
  9. Limitations on liability

    1. In no event shall Handdii, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Handdii Platform, including but not limited to any:
      1. lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising);
      2. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or
      3. for any direct damages.
    2. To the extent permitted by law, Handdii specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between you, a Trade Provider and an Insurer.
    3. Nothing in these Terms and Conditions of Use is intended to exclude or limit the operation of the Australian Consumer Law or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded. Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded.
    4. These limitations are independent from all other Terms and Conditions of Use and shall apply notwithstanding the failure of any remedy provided herein.
  10. Indemnification

    You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Handdii Platform.

  11. Termination

    Handdii may terminate your access and use to the Handdii Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to remove your record from the Handdii Platform, you must notify us in writing, via www.handdii.com. These Terms and Conditions of Use shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

  12. Disputes between Users and Trade Providers

    Handdii has no obligation to any User to assist or involve itself in any dispute between them and a Trade Provider. Ordinarily any disputes should be referred to your Insurer. However, to the extent Handdii assists in the resolution of any dispute between a User and Trade Provider in its discretion, such assistance is only a courtesy and, therefore, you acknowledge that Handdii shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).

  13. Modifications

    These Terms and Conditions of Use may be amended from time to time. Your continued use of the Handdii Platform following any such amendments will be deemed to be confirmation that you accept those amendments.

  14. No Agency

    No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms and Conditions of Use. In particular, you have no authority to bind us, or our related entities or affiliates in any way whatsoever.

  15. No Assignment

    You may not assign or transfer any of your rights or obligations under these Terms and Conditions of Use without our prior written consent.

  16. Governing Law

    Any disputes arising out of your use of the Handdii Platform is subject to the laws of Victoria, Australia. Such dispute shall be heard by the Courts operating in Melbourne, Australia.

DEFINITIONS

Administration Fee means an amount equal to 10% of the total invoice value (plus any applicable GST) charged by Handdii to the customer for maintenance work completed by the Trade Provider.

Australian Consumer Law means the consumer related provisions found at Schedule 2 of the Competition and Consumer Act 2010.

Claims Story Board means the message based functionality available as part of the Handdii Platform for the User, the Trade Provider and the Insurer to communicate to one another.

Fixed Rates means the rates to be charged for the Work undertaken by Trade Providers which are prescribed by Handdii on the Handdii Platform.

Handdii, we, us or our means Handdii Pty Ltd ABN 93 618 870 170.

Handdii Platform means the Handdii website at www.handdii.com and any other affiliated platform that may be introduced from time to time.

Insurance Policy means a policy of insurance providing first party property insurance in respect of an Insured's home or other residential building

Insured means a homeowner who is a party to or a beneficiary of an Insurance Policy issued by an Insurer and who has made a claim for reimbursement for damage to that Insured's home or other building on a policy issued by that Insurer.

Insurer means the entity that has issued an Insurance Policy pursuant to which the Insured is making a claim for reimbursement for damage or repairs to that Insured's home or other residential building.

Trade Provider, a person who is qualified and skilled to perform repair work for Insureds on behalf of Insurers.

User means the person who has registered to use the Handdii Platform as an Insured.

User Code of Conduct means the list of conduct standards required to be adhered to by Users of the Handdii Platform, found at www.handdii.com.

Work Health and Safety Laws means the safety laws that apply in the state or territory of Australia in which the Trade Provider is performing the work:

  • Work in Victoria is to be compliant with the Victorian Occupational Health and Safety Act of 2004, Occupational Health and Safety Regulations of 2017, Compliance Codes of Victoria and Australian Standards.
  • Work in New South Wales is to be compliant with the New South Wales Work Health and Safety Act of 2011, the Work Health and safety Regulations 2017, NSW Codes of Practice and Australian Standards.
  • Work in Queensland is to be compliant with the Queensland Work Health and Safety Act of 2011, the Work Health and Safety Regulations of 2011, Codes of Practice, Electrical Safety Act of 2002, Electrical Safety Regulations of 2013, Electrical safety Codes of Practice and Australian Standards.
  • Work in South Australia is to be compliant with the South Australian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice of South Australia and Australian Standards.
  • Work in Western Australia is to be compliant with the Western Australia Occupational Safety and Health Act of 1984, the Occupational Safety and Health Regulations of 1996, Codes of Practice and Australian Standards.
  • Work in Northern Territory is to be compliant with the Northern Territory Work Health and Safety (National Uniform Legislation) Act of 2011, Work Health and Safety (National Uniform Legislation) Regulations of 2017, Codes of Practice and Australian Standards.
  • Work in Australian Capital Territory is to be compliant with the ACT Work Health and Safety Act of 2011, Work Health and Safety Regulations of 2011, Codes of Practice and Australian Standards.
  • Work in Tasmania is to be compliant with the Tasmanian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice and Australian Standards.