Effective Date: June 24, 2024
These Terms of Use ("Terms of Use") establish a legally binding agreement between you ("User" or "you" or "your") and HandyX, Inc. (“HandyX” or "we" or "us"). The following terms and conditions, govern user’s access to and use of Handyx’s mobile application for iOS and Android devices (the "App"), and your access to and use of Handyx’s website located at www.thehandyx.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website, the Internet Services, and the App, are collectively referred to as the "HandyX platform"), whether as a guest or a registered User. Additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) may apply to particular functionalities and features related to the HandyX Service.
ATTENTION: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH HANDYX, INC. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “HANDYX SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE HANDYX SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED BELOW.
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE HANDYX SERVICE. The HandyX Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the HandyX Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the HandyX Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the HandyX Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
The Site or the application (App) may provide for a variety of features for communication. Please read the HandyX Privacy Policy, available the HandyX application or at http://www.thehandyx.com/privacy to understand your privacy protections. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to the Site. When you create a post or make available a Contribution or an AD, you represent and warrant that you:
As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge the following:
For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the HandyX platform shall be referred to as the "Services.” Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the HandyX platform due to applicable licensing/permitting regulations and other similar requirements). HandyX reserves the right to alter, modify and remove Service requests.
Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $1,000.00. Thus, Customers must decide for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
Services ordered or executed through the HandyX platform may include delivery, installation, and/or assembly of household items obtained from a third party (“Merchandise”). HandyX does not provide and is not responsible for Merchandise, and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE HANDYX APP OR SITE IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE THE HANDYMAN OR THE PROVIDER AND THE PROVIDER’S QUALIFICATIONS, AND UP TO THE PROVIDER TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF HANDYX. HANDYX MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. HANDYX DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY HANDYMAN OR THE PROVIDERS. HANDYX HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORK MAN LIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, HANDYX IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER OR A HANDYMAN.
Unless otherwise disclosed, HandyX verifies the backgrounds of each Handyman or Provider using third-party background verification services that include, but are not limited to, a sex offenders registry check; county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. HandyX also requires each Handyman or Provider to submit to HandyX at least two pieces of IDs, such as a government-issued photo ID, a State ID, a driver license and a profile picture. A verified Handyman also upload his license documents if available to authenticate his proficiency or experience on a subject matter. Handyman or Providers hereby give consent to HandyX to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although HandyX performs background and identity verification on each Provider, HandyX cannot confirm that each Provider is who they claim to be, and therefore, HandyX cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. HandyX cannot and does not guarantee that a Provider’s profile and background check information are current and up to date.
USER MUST ACKNOWLEDGE AND AGREE THAT HANDYX IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. HANDYX IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING HANDYMEN OR PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know.
A Handyman or a service provider receives (Earns) 20%-25% less than what the customer posted a job for, after he or she completed the job. (Example: Tony posted an ad for a plumbing job for $100 and David, the Handyman completed the job. After the job completion David earned $80, which is 20% less.) After completion of each job, customer receives a confirmation and directed to Rate (Review) the Handyman and add a Tip if the customer feels that the service provider had done an excellent job. Tipping is entirely up to the service receiver or the customer. Once the tipping is executed, it will not be reversed and therefore tipping is solely depends on the customer action.
The fees for use of the Site are posted at http://www.thehandyx.com/fee schedule and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars.
As a Handyman, If you earn more than $600 in fiscal year, you must complete a W9 tax form and submit it to HandyX. HandyX will not permit you to withdraw funds in excess of $600 from our account if you do not submit a W9 tax form.
Service providers or Contributors may check the status of their accounts on the App or Site at http://www.thehandyx.com/myaccount. You specifically agree that any inquiries or disputes regarding any Transaction Fee must be made within thirty days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of HandyX regarding such Transaction Fee inquiry is final.
Any such issue must be handled by the both parties and find a common resolution. HandyX is not responsible for any charge back issues from a user credit card or financial institution. The 3rd party payment services should handles all financial issues.
Users of the HandyX platform contract for the Services directly with other Users (Handyman). HandyX is not a party to any contracts for the Services. The HandyX facilitates and maintain a market place like platform where Customers can directly interact with handyman (Providers), Customer post an ad to get his job done etc. Payment is processed by the 3rd party like Stripe, Braintree, PayPal, Google pay and Apple pay.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT'S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY APPROVED JOB, AFTER 5 MINUTES OF APPROVAL WOULD SEE A PENALTY FEE OF $5 (B) FIVE OR MORE CANCELLATION OF JOBS WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR HANDYMAN ACCOUNT.
You agree that HandyX may moderate access to and use of the HandyX Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the HandyX platform if, in our opinion, your post does not comply with the content standards set out in Section 2 above, and any other HandyX Service rules. You agree not to bypass or attempt to bypass such moderation. You further agree that HandyX is not liable for moderating, not moderating or making any representations regarding moderating.
To help maintain the quality of the HandyX service platform, Users (both Handyman and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Provider or Customer with less than 3 stars, such User may be excluded from your future Service requests. Customers will see Handyman’s ratings before selecting a Handyman for a job so each rating a Customer gives can have an impact on that Handyman's future on the HandyX service platform. In addition, Customers with a low star rating may not find a handyman very easily. Thus rating is the most important factor for the users on HandyX platform.
By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us, as further described in our Privacy Policy. If you wish to unsubscribe from promotional emails, text messages, or other communications, you may Opt-Out by following the unsubscribe options. You may continue to receive messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive live, autodialed, or pre-recorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of purchase on the HandyX Platform. Standard telephone minute charges may apply.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to Handyx’s use of a service provider to mask your telephone number with a number provided by HandyX when you call or exchange text (SMS) messages with another User. HandyX and its service provider reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Handyx platform for our business purposes, including to provide and improve customer service and the Handyx fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as Handyx’s use and disclosure of the related data for legitimate business purposes.
To post an AD and accept Services, you must possess an iOS or Android smartphone capable of accessing the HandyX Platform (the "Mobile Device"). As a Provider, you hereby acknowledge and consent to Handyx’s collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to you and the Customers. For example, we may collect Location Coordinates or equivalent on the App for the purpose of providing support in case you and the Customer cannot find each other. In addition, HandyX collects the Location Coordinates of the Mobile Device on which the HandyX platform is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity, protecting the safety of Customers and Providers, and for legal purposes (such as to enforce our agreements). HandyX does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the HandyX platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
Customer will be able to track the Handyman’s location one hour prior to start a job, by selecting “Track handyman” from that particular job listing.
We reserve the right to withdraw or amend HandyX, and any service we provide on HandyX in our sole discretion without notice. We will not be liable if for any reason that all or any part of HandyX is unavailable at any time or for any period. From time to time, we may restrict access to some parts of HandyX, or the entire HandyX, to Users for any reason or no reason.
You are responsible for:
To access the Handyx Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. You may register to use the Handyx Platform by using your existing Facebook or Google account and log-in credentials (your “Third-Party Site Password”). It is a condition of your use of the Handyx Platform that all the information you provide on the Handyx Platform is correct, current and complete. You agree that all information you provide to register with the Handyx Platform or otherwise, including but not limited to through the use of any interactive features on the Handyx Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to HandyX or portions of it using your User name, password or other security information, including Third-Party Site Password(s). You agree to notify us immediately of any suspected unauthorized access to or use of your User name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. HandyX may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, HANDYX IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE HANDYX (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The HandyX is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use, HandyX hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to: (a) use the App on compatible, authorized devices that you own or control; and (b) access and use the Website and Internet Services-in each case solely for your own use or for the entity on whose behalf you are authorized to act.
You may not modify, alter, reproduce, or distribute the Handyx platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Handyx platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Handyx application or web page, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third-Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Handyx or any content available through the Handyx service platform.
The HandyX Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HandyX, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Except as permitted herein, you must not access or use for any commercial purposes any part of the HandyX or any services or materials available through the HandyX.
If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms of Use, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights; your right to use the HandyX will cease immediately; and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the HandyX or any content on the HandyX is transferred to you, and HandyX reserves all rights not expressly granted. Any use of the HandyX not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by HandyX or the alleged infringer as the result of Handyx’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the HandyX, you may contact our Designated Agent at Handyx, Inc. listed on item 15 above.
HandyX may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with Handyx’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of Handyx’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect HandyX and third parties’ rights and property or to facilitate the proper functioning of the Site. If you engage, in Handyx’s sole discretion, in fraudulent activities, you understand and agree that HandyX has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, HANDYX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION
IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. HANDYX RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. HandyX expects that you will use caution and common sense when using our platform.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through HandyX. YOU WAIVE AND HOLD HARMLESS HANDYX AND ITS AFFILIATES, LICENSEES AND USER (HANDYMAN) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To the fullest extent permitted under applicable law, we are under no obligation to edit or control User Contributions that you or other Users post or publish, and we expressly disclaim any and all liability in connection with User Contributions. HandyX may, at any time and without prior notice, screen, remove, edit, or block any User Contributions that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the HandyX platform you will be exposed to User Contributions from a variety of sources and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HandyX with respect to User Contributions.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at Handyx’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by HandyX or a neutral third-party mediator or arbitrator selected by HandyX. Notwithstanding the foregoing, you acknowledge and agree that HandyX is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
The Internet and technology are rapidly changing. Accordingly, HandyX may modify these Terms from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. HandyX will also put any revised versions of these Terms on the Site. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
Software you download in connection with the Handyx Platform consists of a package of components that may include certain third-party software ("Third-Party Software") provided under separate license terms (the "Third-Party Terms"). Your use of the Third-Party Software in conjunction with the Handyx Platform in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third-Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third-Party Software.
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the HandyX Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the HandyX Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the HandyX Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or HandyX terminate your participation or access to the HandyX Platform or Services.
If HandyX terminates or suspends a User account for any reason, the User is prohibited from registering a new account under their name or an alias.
HandyX will promptly terminate without notice the accounts of Users that are determined by Handyxto be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 17 above) removed from HandyX at least twice.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the HandyX Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF HANDYX OR ANY SERVICES OR ITEMS OBTAINED THROUGH HANDYX OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY HANDYX LINKED TO IT.
YOUR USE OF THE HANDYX PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HANDYX PLATFORM IS AT YOUR OWN RISK. THE HANDYX PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HANDYX PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HANDYX NOR ANY PERSON ASSOCIATED WITH HANDYX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HANDYX PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HANDYX NOR ANYONE ASSOCIATED WITH HANDYX REPRESENTS OR WARRANTS THAT THE HANDYX PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HANDYX PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT HANDYX OR ANY SERVICES OR ITEMS OBTAINED THROUGH HANDYX WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HANDYX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold HandyX, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Content or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH HANDYX.
Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that HandyX cannot be liable for any dispute that arises between you and any other user.
If a dispute arises between you and HandyX, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a "Claim") in accordance with the subsections below.
This "Legal Disputes" section shall survive any expiration or termination of your relationship with HandyX.
All other feedback, comments, requests for technical support and other communications relating to HandyX should be directed to: support@thehandyx.com.
If you are using our mobile applications on an iOS device, the terms of this Section 39 apply. You acknowledge that these Terms of Use are between you and Handyx only, not with Apple, and Apple is not responsible for HandyX or its content. Apple has no obligation to furnish any maintenance or support services with respect to HandyX. If HandyX fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to HandyX. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of HandyX, including: (i) product liability claims; (ii) any claim that HandyX fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that HandyX or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using HandyX. Apple and Apple's subsidiaries are third-party beneficiaries of Section 39 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 39 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF HANDYX IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.