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TERMS AND CONDITIONS OF USE OF THE HANDDII PLATFORM - CONTRACTOR
Capitalized terms are defined at the end of these Terms and Conditions of Use. These Terms and Conditions of Use are to assist you (the “Contractor”) 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 (such as Insureds or Insurers or Direct Customers), or any associated services provided by Handdii to them.
By using the Handdii platform, you 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 of Use or any part thereof, you are not entitled to access and use the Handdii platform, and you must not use the Handdii platform
1. Overview of the Handdii Platform
The Handdii platform is designed to:
(a) Allow you ( the Contractor) to register your account information on the Handdii platform;
(b) Provide you with the opportunity to be paired with an Insured for the purpose of undertaking repair work covered by and pursuant to the
Insured's Insurance Policy. (“Covered Work”); and
(c) Provide you with the opportunity to be paired with a Direct Customer for the purpose of undertaking repair, remodel or maintenance works
pursuant to the Service request and description provided by that Customer (“Additional Work” and along with Covered Work, collectively
“Work”).
2. Handdii's Role and Obligations
(a) You acknowledge that Handdii only acts as a facilitator and will not be a party to any other arrangement between you, the Insured and/or I
Insurer and/or Direct Customer that may arise from you being paired with the Insured through the Handdii platform, unless Handdii so
notifies you of the same.
(b) Handdii does not guarantee that:
(i) The Insured and/or Direct Customer will select and engage you to perform the Work; or
(ii) Payment will be made by the Insured, (or any agent thereof), the Insurer or Direct Customer for the Work performed by you.
(c) Handdii accepts no liability for any aspect of your interaction with the Insured, Insurer and/or Direct Customer, including, but not limited to,
the description, performance or delivery of Work by you.
(d) After the Work has been satisfactorily completed:
(i) The Insured and/or Direct Customer may review and provide feedback of your Work on the Handdii platform; and
(ii) Handdii will issue an invoice (on your behalf) to the Insurer (or any agent thereof) and/or Direct Customer in relation to the Work performed
by you.
(e) At its absolute discretion, Handdii may refuse to allow the registration of your account information on the Handdii platform, or cancel or
suspend any existing record that you may have on the Handdii platform.
(f) Your use of the Handdii platform is entirely at your own risk, for which we will not be liable in any way whatsoever.
(g) To ensure optimal use of the platform Handdii supports the following front-end browser’s, which may be updated from time to time;
Desktop
+Google Chrome last 2 versions
+Firefox last 2 versions + last ESR release
+ Microsoft Edge last 2 versions
iOS
+ Safari bundled with iOS 11
+ No Apple TV support
Android
+ Stock Browser on Android 7.0 and above;
+ Google Chrome last 2 versions
+Firefox last 2 versions
+No Android TV support
+No Samsung Internet Browser support
3. Your Obligations
(a) Registration of your account information and maintenance of your record on the Handdii platform is conditioned upon you:
(i) Complying with these Terms and Conditions of Use and the Handdii Code of Conduct (found at www.handdii.com/code-of-conduct/) ;
(ii) Complying with the relevant Work Health and Safety Laws, Construction Laws and other Applicable Laws; Ensuring you comply with QBCC requirements as the principal contractor if you operate in Queensland, Australia.
(iii) Obtaining a Work Authorisation from the Insured or Direct Customer before commencing any Work;
(iv) Obtaining a Statement of Satisfaction from the insured or direct customer at the completion of Work;
(v) Posting only accurate and complete information on the Handdii platform, keeping the information up to date, and ensuring that the
information is not false, inaccurate or misleading or deceptive;
(vi) Agreeing to promptly rectify the Works, where you have failed to complete the Works in a satisfactory manner. If the Works are not
rectified to a standard acceptable to the Insured and/or Direct Customer, the matter will be referred to the Insurer and/or Direct Customer
and your account may be suspended or deactivated from the Handdii platform;
(vii) Promptly and efficiently performing obligations to other Users in accordance with the agreements between you and the Insured, and
between you and the Insurer, and between you and the Direct Customer;
(ix) Ensuring that you obtain all appropriate permits for the Work to be performed before commencing that Work;
(x) Ensuring that you maintain current certificates of competency, licensing for the specific Work to be performed, registration, levels of
bonding, qualifications and insurance (including without limitation liability and Worker’s Compensation insurance) as required in your area of service as a Contractor;
(xi) Always conducting your Work as a Contractor in a safe manner in compliance with paragraph (ii) above;
(xii) Ensuring that you are aware of any laws or requirements that apply to you as a Contractor, or in relation to using the Handdii Platform;
(xiii) Consenting to and cooperating with, random health and safety audits that may be conducted by Insurer or Handdii or their authorised
personnel;
(xiv) Ensuring you have in place a health and safety management plan that is appropriate for the Work undertaken, and that you and any of
your personnel will comply with the plan;
(xv) Ensuring that you co-operate, consult and co-ordinate, so far as is reasonably practicable, with each PCBU (as that term is defined in the
Health and Safety at Work Act 2015) who has a duty in relation to the Work and the place of Work to enable each of them to comply with their
respective obligations under all Applicable Requirements if performing work in New Zealand;
(xvi) Ensuring that you remove all dust, debris, rubbish and waste on a regular basis and on completion of the Work and all places of Work are
left clear of all dust, debris, rubbish and waste to the reasonable satisfaction of each Insured and/or Direct Customer;
(xvii) Keeping Insurer and each Insured informed of progress and key milestones every 7 days during the period when the Work commences
until it is completed, invoiced and paid in full;
(xviii) Notifying the Insured, the Insurer, the Direct Customer and Handdii immediately after any accident, incident or situation (as it relates to
completing the Work) that must be notified to a regulator under health and safety legislation and any regulatory action taken against you in
response to any such accident, incident or situation.
(xix) Providing Handdii with a copy of any report you make to a public authority or regulator or receive which relates to any health and safety
accident, incident or situation which is associated with the Work;
(xx) Notifying Insurer and Handdii immediately as soon as you suspect or become aware of:
(i) Any non-consented work;
(ii) Any damage that is inconsistent with the circumstances of loss and/or damage;
(iii) Any damage that is gradual in nature. By way of example only, there is evidence of rot, rust, mould or water leaking over a period of
time;
(iv) Where an asbestos survey is required before demolition or remedial work can be carried out
(v) Where a health and safety risk cannot be removed or mitigated to protect the health and safety of any Contractor, worker, tenant or
home owner; or
(vi) An Insured is a vulnerable customer.
(xxi) Never accessing or using another Contractor's account on the Handdii platform.
(b) You must not transfer or assign your account to any third party. You must immediately notify Handdii of any unauthorised use of your
account, or other account related security breach of which you are aware (such notification must be sent by you to Handdii).
(c) You must comply at all times with Handdii’s Privacy Policy (found at www.handdii.com) in relation to your use of the Handdii platform, and all
applicable Privacy Laws and all associated regulations.
(d) You must not send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or
programs within the Handdii platform;
(e) You must not reverse engineer, decompile, or otherwise make any attempt to discover the source code or underlying ideas or algorithms or
access the Handdii platform or attempt to do so in order to:
(i) Build a competitive product or service;
(ii) Build a product using similar ideas, features, functions or graphics of the Handdii platform; or
(iii) Copy any ideas, features, functions or graphics of the Handdii platform.
(f) You may only use the Handdii platform for lawful purposes and in a manner consistent with the nature and purpose of the Handdii platform.
(g) You may only register on the Handdii platform if you do not have a record of breaches of the Work Health and Safety Laws and Construction
Laws.
(h) You may only register on the Handdii platform if your company commits to conducting business responsibly and ethically and to ensuring that all aspects of our business practices, including your supply chains, are free from any form of slavery. Should any form of slavery come to your attention you are required to immediately notify handdii and provide rectification plan.
(i) 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, suspending or deleting
your record on the Handdii platform.
MODERN SLAVERY COMMITMENT
You commit to conduct business responsibly and ethically and to ensure that all aspects of your business practices, including your supply chains, are free from any form of modern slavery.
You commit to:
(i) Reject any and all forms of modern slavery which can take the form of unpaid or underpaid servitude, human trafficking and forced labour
(ii) Implement effective systems and controls to ensure that it does not take place within your own business or through any of your supply chains
(iii) Educating your employees and ensuring they have a healthy understanding and respect for how their choices can have far-reaching impacts upon basic human rights across the globe
(iv) Identify and evaluate risks relating to human rights and develop company policies, procedures, and training to help combat modern slavery.
4. Payments
For the provision of payment processing, Handdii charges a fee equal to 5% of the total amount of any repair invoice. You hereby acknowledge and agree to pay this processing fee for each repair invoice paid, and furthermore authorize Handdii to deduct this fee from each repair invoice before tendering payment proceeds to you.
The deductible/excess payment usually owed and paid by the insured in the process of a claim is contributed toward the payment of repairs to the contractor. If the insurance company enables the functionality in handdii the insured can pay their deductible via handdii and these funds will be paid to you the Contractor. If there is a excess / deductible due and the customer does not pay via handdii then it is the responsibility of you the Contractor to collect these funds directly from the insured. Handdii is not liable or responsible for ensuring that this direct payment of excess / deductible is made to you the Contractor.
5. Links on the site
Our Site may also, on occasion, include links to other websites which are not controlled by Handdii. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
6. Disclaimer of Warranties
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, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitations on liability
(a) In no event will Handdii, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract,
tort, strict liability, negligence or any other legal theory with respect to the Handdii platform, including but not limited to any:
(i) lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising);
(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or
(iii) for any direct damages.
(b) To the extent permitted by 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, an Insured and an Insurer. IN NO EVENT WILL
HANDDII’S LIABILITY EXCEED $100.
(c) These limitations are independent from all other Terms and Conditions of Use and will apply notwithstanding the failure of any remedy
provided herein. As a Contractor, you understand and agree that Handdii has no responsibility or liability for an Insurer's failure to pay you for
repair work that you have performed.
8. Indemnification
You indemnify Handdii from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Handdii platform and your registration as a Contractor on the Handdii platform.
To the fullest extent permitted by law, the policy holder shall indemnify and hold harmless the Contractor, its agents, subcontractors and employees, from and against any and all claims, damages, losses and expenses including but not limited to attorneys’ fees, by the Policy Holder, household members or representatives, arising out of or resulting from exposure to COVID-19 or any other communicable illness. This indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Policy holder under any insurance policies held by Policy Holder.
To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the Policy Holder, representative, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, by the Contractor, its agents, subcontractors and employees, arising out of or resulting from exposure to COVID-19 or any other communicable illness. This indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.
9. Termination
Handdii may terminate your access to and use of the Handdii platform at any time, with or without cause, with or without notice, effective immediately. If you wish to remove your record from the Handdii platform, you must notify Handdii in writing, via www.handdii.com. These Terms and Conditions of Use will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
10. Disputes between Users
Handdii has no obligation to any User to assist or involve itself in any dispute between Users. However, to the extent Handdii assists in the resolution of any dispute between Users, such assistance is only a courtesy and, therefore, you acknowledge that Handdii will not be liable or otherwise responsible with respect to such dispute (or the resolution thereof) or any matter directly or indirectly related thereto and that Handdii shall be indemnified by each User as set forth herein in connection with any such disputes between Users.
11. 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.
12. No Agency
No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms and Conditions of Use. In particular, you have no authority to bind Handdii, or Handdii related entities or affiliates in any way whatsoever.
13. Governing Law
Any disputes arising out of your use of the Handdii platform in the United States is subject to the laws of Texas, U.S.A. Such dispute will be heard by the federal or state courts operating in Harris County, U.S.A. You agree to only bring any dispute in such forum and waiver any objection based on forum non convenience.
Any disputes arising out of your use of the Handdii Platform in Australia or New Zealand is subject to the laws of Victoria, Australia. Such dispute shall be heard by the Courts operating in Melbourne, Australia.
DEFINITIONS
Applicable Laws means all relevant federal, state, local and municipal laws, statutes, rules, regulations, and ordinances, in effect on the Effective Date or adopted thereafter and which are applicable to your activities hereunder, including without limitation, any deceptive trade practices act, consumer protection act and similar laws applicable in the location where you provide services to an Insured.
Applicable Requirements means the Health and Safety at Work Act 2015 (the “Act”) and Health and Safety Regulations forming part of the Act, Management of Asbestos Regulations 2016, The Fair Insurance Code, Building Act 2004 and NZ Standards 3604, and any other safety laws or industry codes of practice that apply in New Zealand to Work which the Contractor is performing
Construction Laws means all relevant federal, state local and municipal laws, statutes, rules, regulations, ordinances, permit requirements, licensing requirements, bonding requirements and insurance requirements, including without limitation all laws applicable to the removal, disposal, collection, enclosure, encapsulation or treatment of asbestos and any asbestiform variety of chrysotile, amosite, crocidolite, tremolite, anthophyllite, or actinolite, in effect on the Effective Date or adopted thereafter and which are applicable to a your construction activities hereunder.
Direct Customer means a property owner who has provided a request for service, repairs or improvement works to that Direct Customers home or other property.
Down Payments means a deposit in advance of repair completion
Handdii, means collectively, Handdii Holdings Inc, Handdii LLC and Handdii Pty Ltd ABN 93 618 870 170, unless otherwise specified.
Handdii platform means the Handdii website at www.handdii.com and any other affiliated platform that may be introduced from time to time.
Insurance Policy means a policy of insurance providing first party property insurance in respect of an Insured's home or other property.
Insured means a property owner who is a party to or a beneficiary of an Insurance Policy issued by an Insurer and who has made a claim for reimbursement or repairs for damage to that Insured's home or other property on a policy issued by that Insurer.
Insurer means the entity that has issued an Insurance Policy pursuant to which the Insured is making a claim for reimbursement or repairs for damage to that Insured's home or other property.
Privacy Laws in Australia and New Zealand means the New Zealand Privacy Act 1993 and the 12 Information Privacy Principles as well as the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
In United States it means all laws that deal with the regulating, storing, accessing, transmitting, destroying, using or the integrity of personally identifiable information of individuals, which can be collected by governments, public or private organisations, or other individuals and include, without limitation, all state breach notification statutes, the California Consumer Privacy Act, the Children’s Online Privacy Protection Act, Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM), Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Credit and Debit Card Receipt Clarification Act, Bank Secrecy Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act, Health Insurance Portability and Accountability Act, HITECH Act, the Texas Privacy Protection Act, the Texas Identity Theft Enforcement and Protection Act, Massachusetts General Law 93H, 93I, Massachusetts General Law, Chapter 93H and Chapter 93I and all similar laws and all regulations implementing any of the foregoing.
Site means the website at www.handdii.com
Statement of Satisfaction means either the Insured provides a star rating via the Handdii Platform or the Insured signs a document confirming satisfaction of the Work. This documentation must be uploaded to the Handdii Platform. A Statement of Satisfaction must be received prior to payment for the specified Work.
Contractor means a person who is qualified and skilled to perform repair work for Insureds on behalf of Insurers and or fulfil service requests for Direct Customers.
User means the person who has registered to use the Handdii Platform, whether as a Contractor, Insured, Insurer, or otherwise.
Work Authorization means either the Insured agrees via the Handdii Platform or via a signed document that the Work can commence by the Handdii Contractor; provided, however, only the Work covered by the policy will be paid by the Insurer and that the Insured will be liable to pay for any other repair work. If via document, the signed document must be uploaded to Handdii Platform prior to the Work commencing.
Work Health and Safety Laws for Work undertaken in the United States means the Occupational Safety and Health Act of 1970 (“OSH Act”), including without limitation, 1) the General Duty and OSHA Standards (as defined in the OSH Act), including without limitation those standards applicable to construction, all duties to provide a) protective equipment, b) information, and c) access to records, 2) all applicable guidance and regulations, and current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts, and 3) any applicable State Plans, as defined in the Act, authorized by the Occupational Safety and Health Administration (“OSHA”), including without limitation, the following State Plans:
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming
and all other safety laws and any regulations, interpretations, or guidance promulgated under any of the foregoing that apply in the state or territory of United States of America in which the Contractor is performing the work.
Work Health and Safety Laws for Work undertaken in Australia or New Zealand means the safety laws that apply in the state or territory in which the Contractor is performing the work:
• Work in Victoria is to be compliant with the Victorian Occupational Health and Safety Act of 2004, Occupational Health and Safety Regulations of 2017, Compliance Codes of Victoria and Australian Standards.
• Work in New South Wales is to be compliant with the New South Wales Work Health and Safety Act of 2011, the Work Health and safety Regulations 2017, NSW Codes of Practice and Australian Standards.
• Work in Queensland is to be compliant with the Queensland Work Health and Safety Act of 2011, the Work Health and Safety Regulations of 2011, Codes of Practice, Electrical Safety Act of 2002, Electrical Safety Regulations of 2013, Electrical safety Codes of Practice and Australian Standards.
• Work in South Australia is to be compliant with the South Australian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice of South Australia and Australian Standards.
• Work in Western Australia is to be compliant with the Western Australia Occupational Safety and Health Act of 1984, the Occupational Safety and Health Regulations of 1996, Codes of Practice and Australian Standards.
• Work in Northern Territory is to be compliant with the Northern Territory Work Health and Safety (National Uniform Legislation) Act of 2011, Work Health and Safety (National Uniform Legislation) Regulations of 2017, Codes of Practice and Australian Standards.
• Work in Australian Capital Territory is to be compliant with the ACT Work Health and Safety Act of 2011, Work Health and Safety Regulations of 2011, Codes of Practice and Australian Standards.
• Work in Tasmania is to be compliant with the Tasmanian Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, Codes of Practice and Australian Standards.