HANDYNATION LTD

TERMS AND CONDITIONS OF USE (CONTRACTORS ONLY)

Last Updated: 1 JULY 2022 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

WHAT’S IN THESE TERMS AND CONDITIONS?

These terms and conditions tell you the terms on which you may access and use the Website, including any content, functionality and services offered on or through the Website (the “Terms”). These Terms are only applicable to you if you are a Contractor (as defined below) (“you” or “your”). If you are a User and are using the Website to browse Contractors and their services, please view our Terms and Conditions (Customers) at https://thehandynation.com/customers-ts-cs/.

WHO WE ARE AND HOW TO CONTACT US

We operate http://www.thehandynation.com, an online platform (the “Website”) which provides contractors (i.e., traders, like yourself) (the “Contractors”) the opportunity to find jobs (the “Jobs”) to carry out a broad range of practical services, including but not limited to repairs, general maintenance, plumbing and painting, for customers (the “Users”) in their area; and/or hire hand tools, power tools and other accessories which may be delivered to you or collected by you (the “Rental Products”) (altogether, the “Services”). The Website is operated by HandyNation Ltd, a company incorporated and registered in England and Wales under company number 13448751 and whose registered office is at Container Offices, Unit 29, Archway Close, Wimbledon, London, England, United Kingdom, SW19 8UL (“we”, “our” and “us”). To contact us, please email us at info@thehandynation.com or telephone us on +44 738 342 6395. If we must contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered with the Website.

WHY YOU SHOULD READ THESE TERMS

These Terms apply to your use of the Website. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. Please read these Terms carefully before you use the Website. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract (as defined below), what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or that they require any changes, please contact us using the details in Clause 2.3. By using the Website, you confirm that you accept these Terms without amendment and that you agree to comply with them. We recommend that you print a copy of these Terms for future reference. If you do not agree with any of these Terms, you should stop using the Website immediately. These Terms represent the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to our Privacy Policy, which also applies to your use of the Website. Please ensure that you read this carefully as there may be obligations which you must comply with under data protection regulations that affect your use of the Website.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time. Every time you wish to use the Website, please check these Terms to ensure you understand the Terms that apply at that time. This version was most recently updated on the date stated at the beginning of these Terms.

WE MAY MAKE CHANGES TO THE WEBSITE

We may update and change the Website from time to time to reflect changes to our Services, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW THE WEBSITE

We do not guarantee that the Website or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or part of the Website for business and operational reasons. Although we try our best to do so, we are not obliged to maintain the Website or to supply any corrections, updates or releases. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

CONTRACTOR REGISTRATION AND OUR CONTRACT WITH YOU

The Website provides you with the opportunity to: apply to register as a Contractor with us to carry out Jobs in the United Kingdom; and apply to register as a Contractor with us to hire Rental Products from us in the United Kingdom, (in each case a “Registration”). When registering with us on the Website, you will be prompted to complete a registration form detailing information about yourself, including but not limited to, your full name, residential and email address, phone number, expertise, and qualifications. Please check the details carefully before submitting the registration form. You are responsible for ensuring that your details are complete and accurate. After you submit the registration form, your details will be sent to us and we will determine whether we require any additional information from you. As a general rule, we will attempt to set up a phone call with you to confirm your details before we proceed to accepting your Registration. Our acceptance of your Registration takes place when we send a confirmation email to you accepting it, at which point and on which date you will receive a username and password in order to access the contractor portal on the Website and a contract will come into existence between you and us (the “Registration Contract”). Your Registration is free and will continue on an ongoing basis, unless notice is given by you or us to terminate your Registration Contract in accordance with these Terms. If we are unable to accept your Registration for any reason, we will inform you of this and will not process your Registration. This might be because of unexpected limits on our resources which we could not reasonably plan for, because the details we have obtained from you do not meet our minimum requirements or because we have identified an error in respect of the Services provided to you. You can also hire Rental Products from us as a guest, without registering with us on the Website. When hiring Rental Products with us, you will be prompted to complete an order form detailing information about yourself, including but not limited to, your full name, residential, email address and the Rental Products you require. On completion of your order form (the “Order”) we will contact you to confirm we have received the Order, and again when we have accepted it, we accept the Order when we dispatch or supply the Rental Product, and to confirm dispatch or supply to you. Sometimes we may reject an Order, for example because a Rental Product is unexpectedly out of stock, because we cannot verify your details (such as your age, where the Rental Product is age restricted), because you are located outside of the UK or because the Rental Product was mispriced by us. When this happens, we will let you know as soon as reasonably possible, and we will refund to you any rental fee you have already paid to us for the Rental Product. Upon our acceptance of an Order, a contract will come into existence between you and us (the “Rental Contract”). The rental period shall be as set out in your Order, unless the Rental Contract is terminated earlier in accordance with these Terms (the “Rental Period”), and for the avoidance of doubt, shall not exceed one (1) month from the date of your Order. The Contractor may request delivery of an Order to its preferred delivery address in London, or shall collect an Order from Container Offices, Unit 21, 1 Archway Close, Wimbledon, London, United Kingdom, England, SW19 8UL (the “Delivery Location”), each as on the date as agreed with us in writing when the Order is placed. Delivery is completed when the Contractor receives an Order by delivery or when the Contractor collects an Order form the Delivery Location. It is expressly agreed that we shall not be liable to the Contractor for any delay in delivery or of the condition of the Rental Products or otherwise. Delays in the delivery of an Order shall not entitle the Contractor to: refuse to take delivery of the Order; claim damages; or terminate the Rental Contract with us, other than in accordance with these Terms. We shall have no liability for any failure or delay in delivering an Order to the extent that any failure or delay is caused by the Contractor’s failure to comply with its obligations under these Terms. If the Contractor fails to take delivery of, or collect, an Order on the date stated when the Order is placed, then, except where that failure or delay is caused by our failure to comply with our obligations under these Terms, the Contractor shall contact us using the details in Clause 2.3 to organise for the Order to be redelivered or collected. The Contractor shall have one (1) working days to contact us to organise such redelivery or collection. We will charge the Contractor as required for all related costs and expenses in redelivering the Order. If the Contractor fails to contact us within the time frame, delivery or collection shall be deemed to have been completed and our obligations fulfilled. Together the Registration Contract and the Rental Contract as applicable to you shall be referred to in these Terms as the “Contract”.

WHAT HAPPENS IF YOU CANNOT COMPLETE A JOB AND/OR YOU NO LONGER REQUIRE RENTAL PRODUCTS

You may cancel a Job and you must endeavour to cancel at least three (3) days before the Job is intended to commence, by emailing us at info@thehandynation.com. The cancellation will become effective from the date that you notify us of the cancellation. If you cancel a Job within the time frame set out in Clause 9.1, you will not be entitled to the whole or part of any payment for the Job as agreed with the User at the point the Job was accepted, and you will be required to refund the whole of any payment made to you by us in relation to the Job prior to and in anticipation of the Job. In the event that you fail to attend a Job (in relation to this Clause, “attend” means attendance within fifteen (15) minutes of the agreed time) without having cancelled the Job within the time frame set out in Clause 9.1 on more than 3 occasions in any one (1) month period, we may determine that you are in breach of these Terms which may result in the immediate, temporary or permanent withdrawal of your right to use the Website. In the event that a User fails to attend a Job without having cancelled the Job within the time frame set out in Clause 9.1, you will be entitled to the whole or part of any payment of the “no show” fee (the “No Show Fee”) charged to the User. The No Show Fee is either GBP. 100 or 10% (whichever is lesser) of the price quoted by you on the Website at the time you accept a Job with a User. You may cancel the hiring of Rental Products with us provided that you do so at least three (3) days before the delivery or collection of the Rental Products is intended to occur by emailing us at info@thehandynation.com. The cancellation will become effective from the date that you notify us of the cancellation. If you cancel the hiring of Rental Products within the time frame set out in Clause 9.5, you will be entitled to a refund of the whole or part of any payment made by you in relation to the Rental Products. If you cancel the hiring of Rental Products less than three (3) days before the delivery or collection of the Rental Products is intended to occur, you shall be charged the full deposit amount as specified in the Order.

OUR SERVICES

We warrant to you that the Services will be provided using reasonable care and skill. We will supply the Services to you until the expiry of the Contract or you or we end the Contract in accordance with these Terms.

YOUR OBLIGATIONS

It is your responsibility to ensure that: your details submitted on the Website are complete and accurate; you co-operate with us in all matters relating to the Services; and you provide us with such information and materials as we may reasonably require in order to supply the Services to you and to ensure that such information is complete and accurate in all material respects. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation as listed in Clause 11.1: we will be entitled to suspend performance of the Services until you remedy such failure, and to rely on such failure to relieve us from the performance of the Services, in each case to the extent such failure prevents or delays performance of the Services. In certain circumstances, your failure may entitle us to terminate the Contract; we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from such failures.

PAYMENT OF YOUR AND OUR FEES

In consideration for a Job, we will charge to the User a fee in accordance with the price quoted by you on the Website (the “User Fee”). Upon receipt of the User Fee, we will determine the relevant amount to be paid to you prior to and in anticipation of a Job on a case-by-case basis. Once you have completed a Job, and uploaded evidence of the same to our Website in the form of videos and/or photographs (the “Request for Certification”), the User will be prompted to confirm they are satisfied with the Job. Upon receipt of confirmation from a User of a Request for Certification, we will pay the outstanding balance of the User Fee to you. The User will be deemed to confirm their satisfaction if they do not confirm otherwise to us within four (4) days of your Request for Certification. If the User determines that they are unsatisfied with a Job, we will decide the reasonableness of their determination on a case-by-case basis. In the event that we determine the User is acting reasonably, you will have seven (7) days from the date the User determined they were unsatisfied to rectify the Job. If you do not rectify the Job within this time frame, you will not receive the outstanding balance of the User Fee. In the event that we determine the User is acting unreasonably, the outstanding balance of the User Fee will be paid to you. In the event that any one or more Users determine that they are unsatisfied with a Job you performed on more than 3 occasions in any one (1) month period, we may determine that you are in breach of the Contract which may result in the immediate, temporary or permanent withdrawal of your right to use the Website. In consideration for facilitating a Job, we will also charge to the User a management fee (“Management Fee”). The Management Fee is 10% of the price quoted by you on the Website at the time you accept a Job with a User and will be payable to us only. You will not be charged the Management Fee. In consideration for hiring Rental Products, we will charge you a fee in accordance with the price shown on the Website for the Rental Products, which shall include any cost of delivery and a deposit covering late cancellation and damage of the Rental Products (the “Rental Fee”). If the Rental Products are not returned to us prior to the expiry of the Rental Period, you shall be charged at the daily rate as set out in the Order until the Rental Product has been returned to us. If the Rental Products are returned to us damaged, you shall be charged a reasonable fee, which may be the deposit, for us to fix or replace the Rental Product, as required.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you are provided with a username, password or any other piece of information as part of our security and registration procedures, you must treat such information as confidential. You must not disclose it to any third-party. If you change your username or password at any time, you may not use a username of another person or entity, or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you or that is offensive, vulgar or obscene. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We may, at our sole discretion, terminate or suspend your account and block your access to the Website with immediate effect and without prior notice to you where we consider that you are in breach of these Terms or the Acceptable Use Policy at Clause 19. If you know or suspect that anyone other than you know your username or password, you must contact us immediately.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in, or arising out of or in connection with, the Services, and in the content published on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. You may print off one copy, and may download extracts, of any page(s) from the Website to draw the attention of others within your organisation to content posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the content on the Website must always be acknowledged (except where the content is user-generated). When you upload or post content to the Website, you grant us the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and across different media, including to promote the Website or the Services, until the expiry of the Contract or for such period of time as we require to use such material in conjunction with other materials on the Website; and a worldwide, non-exclusive, royalty-free, transferable licence for other Users, Contractors, partners or advertisers to use the content in accordance with the functionality of the Website, until the expiry of the Contract or for such period of time that those other Users, Contractors, partners or advertisers require to use such material in conjunction with other materials on the Website. If you breach any of the terms of this Clause 14, your right to use the Website or where relevant, any licence, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DATA PROTECTION

In this Clause 15, the following definitions will apply: “Data Protection Legislation” means: to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which you are we are subject, which relates to the protection of personal data, “EU GDPR” means the General Data Protection Regulation ((EU) 2016/679); and “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018. We and you agree and acknowledge that where a User or Customer uses the Website to communicate and accept a quote for a Job with a Contractor (“Personal Data”): you are the controller and we are the processor; and you retain control of the Personal Data and remain responsible for compliance obligations under the applicable Data Protection Legislation, including but not limited to providing any required notices and obtaining any required consents, and for the processing instructions you give to us according to the Services; and By completing a Registration on the Website as a Contractor and accepting Jobs, you are accepting to comply with the requirements of the current Data Protection Legislation in relation to data processing in the UK. Without prejudice to the generality of Clause 15.2, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under the Contract: process the Personal Data on your behalf only to the extent, and in such a manner, as is necessary for the Services in accordance with your Registration, unless we are required by the Data Protection Legislation to otherwise process that Personal Data. Where we are relying on Data Protection Legislation we shall promptly notify you of this before carrying out the processing unless the Data Protection Legislation prohibits us from doing so; ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); not transfer any Personal Data outside of the UK; assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; notify you without undue delay on becoming aware of a Personal Data breach; and maintain complete and accurate records and information to demonstrate its compliance with this Clause 15.4 You agree and acknowledge that we will not be liable to indemnify you in respect of any costs, claims, damages or expenses incurred by you for which you may become liable due to any act, omission or failure by you to comply with your obligations under the Data Protection Legislation.

NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):

• any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; and
• any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this Clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This Clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us. We may prevent or suspend your access to the Website if you do not comply with these Terms or any applicable law.

DISCLAIMER

The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

These Terms are only intended to apply to Contractors who use the Website as business users or consumers.

ACCEPTABLE USE POLICY

The terms of Clause 20 (We are not responsible for websites we link to), Clause 21 (User-generated content is not approved by us), Clause 22 (Content Standards), Clause 23 (Infringing content) and this Clause 19 set out the content standards (the “Content Standards”) and further rules you must comply with whenever you use the Website...

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only...

USER-GENERATED CONTENT IS NOT APPROVED BY US

The Website may include information and materials uploaded by other users of the Website...

CONTENT STANDARDS

These Content Standards apply to any and all material which you contribute to the Website (“Contribution”).

INFRINGING CONTENT

If you are concerned that any content published on the Website does not meet the Content Standards...

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use any personal information you provide to us to...

RULES ABOUT LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal...

TERMINATION

Without limiting any of our other rights, we may suspend the performance of the Services to you...

EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations...

COMMUNICATIONS BETWEEN US

When we refer to “in writing” in these Terms, this includes email...

OTHER IMPORTANT TERMS

Assignment and transfer: we may transfer our rights and obligations under the Contract to another organisation...