Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).
Your agreement that no claims can be adjudicated on a class basis (Section 18).
Your agreement that the HandyKiwis Platform is provided "as is" and without warranty (Section 16).
Your agreement that the HandyKiwis Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that HandyKiwis has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 16), with the exception of HandyKiwis's Happiness Guarantee (Section 3(d)).
Your agreement that HandyKiwis's Happiness Guarantee is limited to Payments paid by Requesters through the HandyKiwis Platform (Section 3(d)).
Your acknowledgment of and agreement to pay HandyKiwis's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the HandyKiwis Platform (Section 3(f)).
Your acknowledgment of and agreement to HandyKiwis's cancellation policies and cancellation fees (Section 4).
Your agreement to release HandyKiwis from liability based on claims relating to Services and otherwise (Section 16) and your agreement to the limitation of time within which a claim can be brought (Section 21).
Your agreement to indemnify HandyKiwis from claims due to your use, misuse or inability to use the HandyKiwis Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the HandyKiwis Platform (Section 17).
Your consent to any modifications or amendments to this Agreement (Section 22).
The Professional Service is agreed to between a Requester and a Service Professional through the HandyKiwis Platform, performed by the Service Professional hired by the Requester and paid for in full through the HandyKiwis Platform;
You have reported the claim within 72 hours of the Professional Service; and
Your HandyKiwis account is in good standing with no outstanding balances owed to HandyKiwis or Professionals.
v. What is excluded from the HandyKiwis Happiness Guarantee? The “HandyKiwis Happiness Guarantee” does not cover the following:
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
losses arising from negligence of a Requester or third party;
losses arising from a manufacturer’s or a product’s defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, third party gift cards, and securities;
losses as a result of theft of property in excess of NZD 5,000 or any other intentional wrongful act by a Professional;
losses arising from normal wear and tear;
losses for items that retain their functionality;
losses based on sentimental and/or undocumented intangible value;
losses related to repairs outside of the area where the Professional Services were performed;
losses of pets, personal liability or damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by HandyKiwis; and losses with insufficient documentation.
Good faith negotiations: Before taking any Court action, a party must use their best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.
Obligations continue: Each party must, to the extent possible, continue to perform its obligations under the Agreement even if there is a dispute.
Right to seek relief: This clause 9 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
20. Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns. 21. General Provisions. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and HandyKiwis with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to HandyKiwis. HandyKiwis's address for such notices is: legal@HandyKiwis.com and/or by mail to HandyKiwis Technologies, Inc., Attn: Legal, PO Box # 1122, New York, NY 10159. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by HandyKiwis, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. HandyKiwis shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond HandyKiwis's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident. 22. Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the HandyKiwis Platform. Your continued use of the HandyKiwis Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 23. Severability These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 24. Contact Information. If you have any questions regarding this Agreement, please contact us at legal@HandyKiwis.com or by mail the below address: HandyNZ Limited N354 /399 Khyber Pass Road, Newmarket, Auckland 1023, New Zealand