Terms and Conditions

Property Owner User Agreement

Notice: Please read the following carefully. You are offered use of the Service based on the terms and conditions set out below which should be read in conjunction with our Privacy Policy. By using the Service offered through this Website, you agree to be bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
 

 

Key Definitions

"Company" means - HelpGuru Pte. Ltd. (registered company number: 201308278K) whose registered office is at 9 Jurong Town Hall Road, #02-63 iHUB, Singapore (609431) including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to The Company.

"E-mail(s)"
means - electronic mail received or sent by the Company, created and sent by a member of the Company, or automatically created and sent on behalf of the Company.


"Property Owner(s)" means - person, persons, customers, companies or other organisations using the Services of the Company in order to be able to publish details of Jobs/ Projects to Specialists with a view to using the services of the Specialist and their Sub-Contractors.

"Property Owner Information" means - any information the Property owner provides to the Company or other users of the Website in relation to the Company's Service including information provided during registration, Job/ Project listings, the feedback and rating of Specialists and any other communication processes arising as a result of a Property owner's use of the Services or the Website.

"Privacy Policy" means - the Company's Privacy Policy as amended from time to time as referred to in clause 2 of this User Agreement.

"Job" means – jobs/ projects and services carried out by Specialists and their Sub-Contractors, for or on behalf of Property owners.

"Service(s)" means - the services, procedures and information provided and used by the Company for the benefit of Property owners and Specialists and includes, but is not exclusive to: information, products and services provided by telephone, fax or mail, on the Website and by E-mail further details of which are contained within the Terms and Conditions and in other parts of the Website.

"Sub-Contractor(s)" means - contractors, sub-contractors, and sole traders, or any other person or company (or contemplated by the Specialist to be likely to work) with or for or on behalf of a Specialist in connection with a Job/ Project.

"System(s)" means - the software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the Service.

"Suspend(ed)" means - the suspension of a Property owner's account with the Company.

"Terms and Conditions" means - this User Agreement and the Privacy Policy

"Third Party" or "Third Parties" means - person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of the Terms and Conditions, as being other than the Company or a Property owner or Specialist or a Sub-Contractor.

"Specialist(es)" means - tradesmen, tradeswomen, trades companies, service specialists, contractors, service providers or any other person, persons, company, or companies that use the Services of the Company in order to receive information from the Company which will assist them in securing Jobs/ Projects with Property owners and potential Property owners.

"Specialist User Agreement"
means - the user agreement which applies to Specialists and the Company as the same may be varied from time to time.


"Website"
means - the web space, pages, applications and social media applications and their respective contents and graphics which are available via the internet and/or handheld interactive consumer electronic devices including but not limited to smart phones and tablets, and/or interactive television devices, and which are under the editorial control of authorised members of the Company.


"Expressing interest", "Expressed interest", "Declaring interest", "Declared interest" means - contacting, quoting or messaging a Property owner by Specialist via our Service.

"Lead" means - a Job/ Project which we give Specialists the opportunity to Express Interest in.  

 

1. General Disclaimer

  1. The Property owner acknowledges that it is their responsibility to select a Specialist and to negotiate the terms of any Job/ Project to be performed by the Specialist (or any of its Sub-Contractors) they have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through listing a Job on the Website or via the Services or any transactions entered into through its Website.
  2. The Company relies on data provided by Property owners and Specialists to determine which Specialists are included in the database accessible via the Website and does not recommend or endorse any specific Specialist.
  3. Whilst the Company shall use its reasonable endeavours to do so, it does not guarantee that a Specialist suitable for undertaking a Job will contact the Property owner whether by reason of geographical restrictions or otherwise.
  4. The Company provides no guarantee that a Specialist to whom it has published a Property owner's Job information will contact the Property owner.
  5. The Company cannot accept any liability in respect of any contract or other agreement entered into between the Property owner and the Specialist. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Job performed or omitted to be performed by any Specialist (or any of its Sub-Contractors) and accordingly shall not be liable to the Property owner for any dispute, act or omission resulting from any dealings between the Property owner and the Specialists and/or their Sub-Contractors including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Property owner howsoever arising.
  6. In using the Services provided by HelpGuru, the Property owner acknowledges that HelpGuru is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Property owner to select a suitable Specialist and to negotiate the terms for any work that they undertake, and HelpGuru will not be involved or held liable for the agreement between the Property owner and Specialist.

 

2. Privacy and Data Protection and Exchange of Information

  1. By accepting this User Agreement, the Property owner expressly consents to uses and disclosures of Property owner Information as set out in the Company's Privacy Policy, which is incorporated herein by reference.
  2. The Company's Privacy Policy is available here.
  3. The Company holds Property owner Information on a database and as part of the business System strictly in accordance with its Privacy Policy.
  4. The Company will use its reasonable endeavours to publish details of Property owner's Job requests to Specialists. Should the Specialist express an interest in quoting for the Job/ Project then personal contact details will be sent to both the Property owner and the Specialist concerned.
  5. The Company will make registered user profile information including feedbacks and comments from users of the Website in relation to historic Jobs/ Projects available for users of the Website to see at any stage on the Website.
  6. If for any reason the Property owner does not wish any or all of the Property owner Information to be used in the way set out in the Terms and Conditions then the Property owner should immediately cease to use the Services of the Company.
  7. The Company is happy to provide, on request from a Property owner a copy of any data held by the Company on the requesting Property owner on receipt of proof of identity. For this service the Company reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the Property owner at such time.
  8. Property owners may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Job inquiries which have been notified to the Property owner via the Service or the Website.
  9. Property owners agree not to use any personal contact information of any other Property owner or Specialist provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by the Terms and Conditions or where expressly authorised by the particular Property owner or Specialist following adequate disclosure of the purpose(s). In addition, a Property owner agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
  10. In addition, under no circumstances, except as defined in this Section, can a Property owner disclose personally identifiable information about another Property owner or Specialist to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Property owner or Specialist after adequate disclosure.
 

3. Disclaimer of Warranties

  1. The Website and the Services are provided on an "as is" and "as available" basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
  2. The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
  3. No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and the Property owner understands and agrees that any material or data obtained through use of the Website or the Services is at their own discretion and risk.

 

4. Property Owner Information

  1. The Property owner is solely responsible for Property owner Information. Property owners agree to provide true, accurate, current and complete information when providing details to the Company. Property owners agree not to impersonate any other person or entity or to use a false name or a name that they are not authorised to use.
  2. Property owner Information and their activities on the Website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Property owner Information must not infringe any Third Party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
  3. Property owner Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Property owner Information must not link directly or indirectly to any other website.
  4. To enable the Company to use Property owner Information, Property owners grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights the Property owner may have in Property owner Information, in any media now known or not currently known. Property owners also waive all moral rights they have in the Property owner Information to the fullest extent permitted by law.
  5. A Property owner shall ensure that its Property owner Information does not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information.
  6. A Property owner shall ensure that its Property owner Information does not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
  7. Property owners hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Property owner Information which it considers is in breach of any of the provisions of the Terms and Conditions.

 

5. Property Owner Obligations

  1. In consideration of the Company making the Website and the Services available to Property owners, Property owners:
    1. agree that they will not submit Jobs which are prohibited by Law;
    2. accept responsibility for any content the Job owner provides on the Website;
    3. agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Property owner Information) from the Website without the Company's prior written permission;
    4. agree not to use the Website or the Services in any other way save as expressly authorised by the Company's Terms and Conditions. By way of non-exhaustive example Property owners agree not to use the Website or the Services for any illegal purpose or to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

 

6. Specialist Qualifications

  1. The Property owner understands that HelpGuru does not in any way 'vet' or approve Specialists who are listed on the site. HelpGuru believe that the comments and feedbacks from previous Property owners provide the best independent feedback on the quality, value and reliability of a Specialist. Furthermore, the willingness of a Specialist to be rated may provide Property owners with a level of confidence regarding the Specialist's ability. HelpGuru carry out certain verification checks on Specialists as more specifically set out in the Specialist User Agreement although cannot guarantee any specific Specialist's information or trade accreditation or registration on the Property owner's behalf nor whether any such documentation is still valid or applicable to the individual or Sub-Contractor undertaking the Job at the time that a Job is undertaken.
  2. Notwithstanding the checks carried out by the Company, it is the responsibility of Property owners to satisfy themselves that the Specialist is solvent and has appropriately qualified and certified personnel or Sub-Contractors to complete the Job prior to accepting a quote. Where a specific trade accreditation or registration is required to be held by a Specialist for a particular Job the Company strongly advises the Property owner to request sight of evidence of the applicable accreditation or registration from the Specialist prior to the Specialist commencing the Job.
  3. The Company accepts no liability for any failure by the Property owner to carry out appropriate checks in relation to a Specialist.
     

7. The Company's Rights

  1. The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to Property owners and the Property owners confirm that the Company shall not be liable to them or any Third Party for any modification to or discontinuance of the Website or the Service.
  2. The Company may change the Terms and Conditions from time to time and shall post such alterations on the Website and shall update the date upon which the Terms and Conditions were last modified at the beginning of the relevant document. If Property owners do not agree to the changes made to the Terms and Conditions they must stop using the Website and the Service. Their continued use of the Website and the Service after the date the changes have been posted will constitute their acceptance of the amended Terms and Conditions.
  3. In the event of the Company's publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company's control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
  4. The Company reserves the right to investigate and monitor any negative or, what it reasonably suspects to be, fraudulent feedbacks and to remove feedbacks and comments if it considers appropriate to do so.
  5. The Property Owner acknowledges that HelpGuru does not pre-screen or approve all content, but that HelpGuru shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

 

8. Intellectual Property Rights

  1. To the extent that all copyright and other intellectual property rights throughout the world in the Property owner Information does not vest in the Company by operation of law or the other provisions of this Agreement, the Property owner hereby grants to the Company (free of charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
  2. The Property owner hereby acknowledges that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to the Property owner.
  3. Without prejudice to the generality of the foregoing, if and to the extent that the Property owner owns any or all of the Rights, the Property owner hereby irrevocably and unconditionally assigns the Rights, with full title guarantee, to the Company for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.

  

9. Indemnity

  1. The Property owner agrees to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of the Property owner Information or from the Property owners use of the Website or the Services.

 

10. Limitation of Liability

  1. The Property owner agrees that the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).
  2. The Company does not and cannot be involved in Property owners' dealings with Specialists (or any of its Sub-Contractors), and in the event that a Property owner has a dispute with one or more Specialists (or any of its Sub-Contractors), the Property owner hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and 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.
  3. The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company.
  4. E-mails or other communications that are automatically generated from information provided by Property owners and Specialists are NOT under the editorial control of the Company. These may be automatically sent un-checked and un-edited by the Company and therefore they do not necessarily reflect the opinions and/or beliefs of The Company. Accordingly the Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
  5. Without limiting the generality of Clause 1.5 of this User Agreement, Property owners agree not to hold the Company responsible for any damages or other liabilities arising from a Job performed by any Specialist.
  6. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.
  7. While every reasonable care will be taken in respect of information supplied by the Property owner, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company's fault or negligence or otherwise).
  8. The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.
  9. Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any matter beyond the Company's reasonable control.
  10. Each of the provisions of this Clause 10 shall be construed separately and independently of the others.

 

11. Disputes

  1. Property owner interactions with Specialists, organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Property owner and such Specialists, organisations and/or individuals.
  2. Should a Property owner have a dispute with a Specialist (or any of its Sub-Contractors), they must, in the first instance, address such dispute directly to the Specialist concerned and feedback the results to the Company.
  3. The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Property owners or Specialists, and may discuss any investigation with all involved parties. However there are only three possible outcomes of a grievance investigation:
    1. the Property owner and/or Specialist may be allowed to continue using the Services of the Company;
    2. the Property owner and/or Specialist may be Suspended from using the Services of the Company for a period of time, at the discretion of the Company;
    3. the Property owner and/or Specialist may be banned indefinitely from using the Services of the Company.
  4. The Property owner hereby agrees to release the Company from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes.
     

12. Suspension and Termination

  1. The Company reserves the right to Suspend or discontinue its Service to a Property owner, with immediate effect, as it sees fit and in circumstances including, but not limited to where the Company suspects that a Property owner is in material breach of any term of the Terms and Conditions.
  2. Either party may terminate this Agreement forthwith by written notice if the other commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.
  3. In the event that Service is Suspended in accordance with clause 12.1, the Property owner will not be able to submit details of new Jobs.
   

13. Payments

  1. The Company provides the Services to Property owners on a free of charge basis.
  2. The Company charges Specialists fees for using the Services as more specifically referred to in the Specialist User Agreement.
     

14. General

  1. Clause headings are inserted for convenience only and shall not effect the construction hereof.
  2. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
  3. A Property owner may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
  4. Any express or implied waiver by the Company of any term or condition hereof or any breach or default by the Property owner may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
  5. This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). The Property owner acknowledges that no reliance is placed on any representation made but not embodied herein.
  6. The provisions of Clauses 1, 2, 3, 8, 9, 10, and 14.6 shall survive termination of this Agreement.
  7. Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
  8. No terms or conditions other than those set forth herein or any variation thereof under Clause 7.2 shall be binding upon the Company, unless in writing and signed on behalf of both the Company and the Property owner.
  9. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
  10. Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right to rely upon or enforce the terms of this Agreement.
  11. This Agreement shall be subject to the laws of Singapore and the parties shall submit to the exclusive jurisdiction of the Singapore courts.

 

15. Feedback

  1. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
  2. A Property owner may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
  3. A Property owner who posts feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Helpguru may remove feedback, but only at its sole discretion. Likewise, any Property owner who posts feedback in reference to a Specialist is responsible for its accuracy and legality.
  4. A Property owner understands that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

If Property owners have any further comments or questions regarding the Company's User Agreement or Privacy Policy they should please Contact Us - we're ready to assist.