HelloJack! Terms & Conditions September 2019
Terms & Conditions shown in the following pages serve as a legally binding agreement between you and HelloJack! Limited. (“Company” or “HelloJack!”).
Personal Data (Privacy) Law In Hong Kong – personal data submitted by you will be protected by the Personal Data (Privacy) Law in Hong Kong. (https://www.elegislation.gov.hk/hk/cap486). You acknowledge that by using the HelloJack! Platform you have reviewed the relevant aforesaid document.
Your use of the HelloJack! Platform constitutes your acceptance of and agreement to all of the terms and conditions contained therein.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MAY NOT USE OR ACCESS THE HELLOJACK! PLATFORM.
You must be 18 years old or over to access the HelloJack! Platform.
1. The HelloJack! Platform Connects Contractors, Handymen And End Users
CONTRACTORS/HANDYMEN ARE NOT EMPLOYEES OF HELLOJACK!, HELLOJACK! HAS A CONTRACTUAL RELATIONSHIP WITH CONTRACTORS/HANDYMEN; AND A SEPARATE CONTRACTUAL RELATIONSHIP WITH CLIENTS.
HelloJack! responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Taskers, Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the HelloJack! Platform, whether in public, private, or offline interactions or otherwise howsoever.
2. Representations And Warranties – Contractors, Handymen And End Users
HelloJack! Contractors, Handymen and End Users represent and warrant that: (1) you are 18 years of age or older, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that you have read, understand, and agree to be bound by the Terms & Conditions set forth herein. You also represent and warrant that you will act professionally and responsibly in your interactions with each other. For End Users, you warrant that you will treat Contractors and Handymen with utmost courtesy and you will cooperate and accommodate requests made by them where appropriate and reasonable in all areas leading to the assignments being satisfactorily completed. Contractors and Handymen additionally represent and warrant that you will provide timely, high-standard services to End Users.
3. Contracts Between HelloJack! And End Users
As an app-enabled platform HelloJack! acts to match End Users with Contractors and/or Handymen to perform tasks as required by the End Users. HelloJack! will have a contractual relationship with Contractors and Handymen; and at the same time, a contractual relationship with the End Users. It is with the unique two-way yet independent contractual relationships that the intended assignments will be carried out in the timely, high-standard fashion.
4. Billing And Payment
A unique, designated payment gateway(s) will be employed by HelloJack! to be the custodian of payment and act as the sole token for payment transfer from the End Users to the Contractors or Handymen. The same mechanism will perform tasks to retain HelloJack!’s portion of the proceeds as its profit margin.
At the satisfactory completion of tasks, assignments, projects, End Users will be required to make payment through these payment gateways at once as instructed by HelloJack!. Contractors/Handymen will receive their payment usually between 3 to 7 days after completion of the job as arranged by the payment gateways concerned.
Any disputes or irregularities concerning payments will be handled and dealt with by the designated insurance company appointed by HelloJack! in a most timely fashion to ensure that these disputes will be resolved, that End Users will submit payment, and Contractors/Handymen will get their share of the payment quickly.
5. Tea Receptions, Incentive Schemes And Trade Promotions
HelloJack! stages regular Tea Receptions to get Contractors and Handymen together for exchanging ideas and sharing latest news about the trade & sub-trades.
HelloJack! is in the process of devising a comprehensive Incentive Scheme to reward loyal Contractors and Handymen for their continual support of the HelloJack! business model. [The Incentive Scheme with details will be announced in December 2019]
HelloJack! is contemplating programs with the various, relevant sub-trades to co-brand or co-op activities leading to equitable, mutual benefits. [Trade Promotion plans will be announced during the first quarter of 2020]
6. Use Of Mobile Apps And Global Positioning System
All HelloJack! stakeholders be they HelloJack! Employees, Contractors, Handymen or End Users will be required to be equipped with a mobile phone/device, and be accessible by the Global Positioning System (GPS). This particular setup will enable an efficient real-time, on-line communication between parties concerned so much so that assignments will be matched and executed in a timely manner.
7. Intellectual Property Rights
Business Plan, Investment Deck, text, photographs, videos, images, graphics, editorial content, data, formatting, graphs, designs, software, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) are prized assets of HelloJack! Any use of such Proprietary Material, other than expressly permitted by HelloJack! Management, is prohibited.
8. Confidential Materials
All HelloJack! published materials, written or verbal, are strictly confidential. You acknowledge that materials are not to be divulged to outside parties and agree that you will not disclose, transfer, use these materials (or seek to induce others to disclose, transfer or use) for any purpose other than for internal purposes.
9. Use Of HelloJack! Platform At Your Own Risk
THE HELLOJACK! PLATFORM IS PROVIDED “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HELLOJACK! MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE COMPANY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO ITS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER.
You hereby agree to indemnify, defend, and hold harmless HelloJack! and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the HelloJack! Platform or perform Tasks, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the HelloJack! Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. HelloJack! reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of HelloJack!.
11. Dispute Resolution And Arbitration
(a) Informal Negotiations
To expedite resolution, manage controversy or claim between you and HelloJack! (each a “Claim” and collectively “Claims”), you and HelloJack! agree to first attempt to negotiate any Claim for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to the Corporate Office of HelloJack! and receive acknowledgement of receipt from the Corporate Office of HelloJack!, this being the first step for Dispute Resolution And Arbitration.
(b) Agreement to Binding Arbitration (Arbitration Agreement)
This agreement to arbitrate contained in this Section 11 is governed by the Hong Kong Arbitration Ordinance.
If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and HelloJack! agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes.
(c) Right to Opt Out of Arbitration Agreement
You may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification to the Corporate Office of HelloJack! indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provisions.
12. Governing Law
Laws of the Hong Kong Special Administrative Region.
13. No Rights Of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
14. Notices And Consent To Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the HelloJack! Platform, please contact the Corporate Office of HelloJack!