Terms | HandyMama

Terms

1 RECITAL 

1.1 HandyMama.co Limited (Incorporation No: C-122350/15, “HandyMama.co Ltd.”) is a company registered in Bangladesh with its registered address at 44, Probal Housing, Ring Road, Shamoly, Mohammadpur, Dhaka-1207, Bangladesh. HandyMama is a technology platform that can be accessed through www.handymama.co (the “Site”) or our mobile application (the “App”) and connects End Users with third party providers of Services and certain other services as listed on the Site (“Service Providers”). It enables You to engage a Service Provider in your area for the provision of Services. 

1.2 Please read our Terms of Use carefully before you start to make any use of HandyMama. We recommend that you print a copy of these terms of use or save them to your computer or device for future reference. If you think that there is a mistake in these terms or our Terms of Use require any changes, please contact us to discuss immediately and before you make any use of HandyMama. 

1.3 By using HandyMama’s Site and/or App, you agree to be bound by all the terms and conditions within our Terms of Use. If you are using HandyMama’s Site and App as a representative of a legal entity, you are agreeing to these terms on behalf of that entity. 

1.4 For any questions or problems relating to our Site and/or App, our service or our Terms of Use, you may contact us by sending an SMS to our customer service team at +8801928292929 or email us at sales@handymama.co or write to us at House 120, Road 01, Chairmanbair, Banani Model Town, Dhaka-1213.

2 DEFINITIONS 

  1. a) “Booking Type” refers to either Weekly Bookings, Fortnightly Bookings or Ad-Hoc Bookings.
  2. b) “Booked Service Fee” means an addition of: 

(i) a fee due to the Service Provider based on the duration of the visit(s) (i.e. the number of hours worked); 

(ii) a service fee due to us as stated on the invoice you received and calculated by reference to the number of hours (or part thereof) worked by the Service Provider; 

(iii) a Supplementary Service Fee; and 

(iv) Weekend Surcharge (if any). 

  1. c) “Booking Request” means the booking of an Event made by you on the HandyMama 

App or Site; 

  1. d) “Weekly Booking” means the occurrence of Events at a frequency of once per 

week; 

  1. e) “Fortnightly Booking” means the occurrence of Events at the frequency of once 

every two weeks; 

  1. f) “Ad-Hoc Booking” means the occurrence of a single Event 
  2. g) “Services” means cleaning and/or housekeeping services provided by Service Provider(s) where the scope of the Services is to be agreed between the End User and the Service Provider before the commencement of any Any Services, including but not limited to general cleaning, sweeping, vacuuming, tidying and waste disposal as stated on the website or app.
  3. h) “End-User(s)” or “You” or “Your” means the authorized users of HandyMama’s 

technology platform on the Site and/or the App to request Services; 

  1. i) “Event” means the provision of Any Services that commences and ends 

according to the information provided on the HandyMama App and/or Site. 

  1. j) “Informal Dispute Resolution” means the resolution of disputes through informal 

means, which includes but is not limited to mediation. 

  1. k) “Service Provider(s)” means a list of individuals, services providers and such other services available on HandyMama’s Site and/or App for End Users to request those Services. The use of this term includes both Freelance Service Providers and Non-freelance Service Providers. 
  2. l) “Supplementary Service Fee” means a fee in addition to the amount charged by the Service Provider for their Services. Users will be notified of any applicable fees prior to confirming their booking. The Supplementary Service Fee supports platform and quality assurance services such as cleaner liability insurance per Clause 12.3, telephone & email support, online payment processing and booking administration. 
  3. m) “Freelance Service Providers” means individuals who are not employed by any 

cleaning company; and 

(a) have independently registered themselves on HandyMama; or 

(b) are referred by a cleaning agency. 

  1. n) “Non-freelance Service Providers” means individuals who are employed by cleaning companies that work with HandyMama or are affiliated with any cleaning company in any other way. 
  2. o) “We” or “Us” or HandyMama means HandyMama.co Limited. 
  3. p) “Weekend Surcharge” means a surcharge incurred for a booking that occurs on 

a Friday, Saturday or Sunday. 

3 PRIVACY AND MEANS OF CONTACT 

3.1 We are the data controller in relation to our Platform and are responsible for your personal data. Please refer to Clause 11 and our privacy policy which is available at http://handymama.co/privacy-policy for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information. 

3.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us. 

3.3 When we use the words “writing” or “written” in these terms, this includes but is not 

limited to emails. 

4 DISCLAIMER 

4.1 HandyMama simply provides the platform that connects End Users with Service Providers. We do not provide any Services. Any contract for the provision of any Services is solely between You and the Service Provider. 

4.2 We do not employ Service Providers and, unless otherwise specified in terms of use, we are not responsible for, and make no representations, warranties or guarantees as to: a) the acts or omissions of any Service Providers You engage through HandyMama; 

and 

  1. b) the quality of the services provided by any Service Providers. 

4.3 In the event of your dissatisfaction with the services provided by the Service Provider or any other issue you may have in relation to the Services, you agree to submit any complaint to the Service Provider directly.

4.4 We will take reasonable measures in an effort to ensure the suitability and quality of 

the Service Providers, including but not limited to: 

  1. a) conducting interviews; and 
  2. b) obtaining proof of identity, address and references. 

4.5 Notwithstanding Clause 4.4, You acknowledge that we cannot guarantee that any particular Service Provider is suitable for your purposes. You acknowledge that You use Service Providers at your own risk, although we may remove a Service Provider from HandyMama’s Site on the basis of any feedback You or other End Users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so. 

4.6 You may submit requests on HandyMama’s Site and/or App as instructed on our Site or App. A Service Provider’s acceptance of Your request will take place when HandyMama sends a confirmation email/ sms to You, at which point an agreement will come into existence between the Service Provider and You. 

4.7 HandyMama only accepts requests made by End Users with web addresses within 

Bangladesh and where Any Services takes place within the country. 

5 CONTENT STANDARDS 

5.1 These content standards apply to any and all material which you contribute to HandyMama and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.

5.2 If you make use of any feature that allows you to post or upload any content to HandyMama (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with HandyMama or other users of HandyMama), any such content must be accurate and genuine and must not: 

  1. a) be defamatory of any person; 
  2. b) be obscene, offensive, hateful, inflammatory or otherwise objectionable; 
  3. c) promote violence or indecent or sexually explicit material; 
  4. d) promote discrimination based on race, sex, religion, nationality, disability, 

sexual orientation or age; 

  1. e) infringe or violate any copyright, database right, trade mark or any other 

intellectual property right of any other person; 

  1. f) be likely to deceive any person; 
  2. g) be made in breach of any laws or any legal duty owed to a third party, such as 

a contractual duty or a duty of confidence; 

  1. h) advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of HandyMama; 
  2. i) be threatening, abuse or invade another’s privacy or cause annoyance, 

inconvenience or needless anxiety; 

  1. j) be likely to harass, upset, embarrass, alarm or annoy another person; 
  2. k) be used to impersonate any person or to misrepresent your identity or affiliation 

with any person; 

  1. l) give the impression that they emanate from us, if that is not the case; 
  2. m) relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or 
  3. n) disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes. 

5.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of HandyMama and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to HandyMama constitutes a violation of their intellectual property rights or of their right to privacy. 

5.4 We have the right to remove or delete any posting you make on HandyMama or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our Terms of Use. If so, you must not attempt to re-post the relevant content. 

5.5 When providing content on or to HandyMama, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Service to You and the promotion of HandyMama. 

5.6 For any content that You provide, You warrant that: 

  1. a) the content is accurate, up to date and not misleading; 
  2. b) You own or otherwise control all necessary rights to meet Your obligations under 

our Terms of Use regarding such content; and 

  1. c) the use of such content does not and will not infringe any intellectual property 

rights of any third party. 

5.7 While we try to offer reliable information as soon as possible, we do not guarantee that any content or information provided on HandyMama will be accurate, complete, up to date or always available. 

5.8 We do not take any responsibility, nor do we assume any liability, for any content provided by You or any third party. You acknowledge that the responsibility lies with the provider of any inaccurate and/or misleading content, including but not limited to You, other End Users and Service Providers. 

6 INTELLECTUAL PROPERTY RIGHTS 

6.1 You acknowledge that we grant You a non-transferable, non-exclusive, revocable license to use the Site and/or App on any mobile telephone or other devices (Mobile Device) controlled or owned by You. All other rights in the App are reserved by us and by our licensors and we remain the owners of the App at all times. 

6.2 We are the owner or the licensee of all intellectual property rights in HandyMama and in the material published on it. You acknowledge that you have no rights in or to HandyMama or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of HandyMama in breach of these terms of use, your right to use HandyMama will cease immediately. 

6.3 You must not use any part of the content on HandyMama for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors. 

 

7 SERVICE PROVIDERS 

7.1 You agree to 

  1. a) treat all Service Providers courteously and respectfully; 
  2. b) provide a safe and appropriate working environment for Service Providers in 

compliance with all applicable laws and regulations; 

  1. c) ensure that the Service Provider works only within the scope of the 

Services you booked or as provided in our Site and App; 

  1. d) ensure that your requests to the Service Provider at the time of booking Any Services and all subsequent requests comply with HandyMama’s Terms of Use and all applicable laws and regulations; 
  2. e) communicate to Service Providers all information necessary for the Service Provider to fulfill the Services as soon as possible, prior to the commencement of Any Services; and 
  3. f) provide them with cleaning tools, equipment and other materials, and co- operation required as soon as possible to enable them to provide the Services. 

7.2 You are obliged to ensure that Your personal details, including but not limited to Your contact details and the address of which Any Services will take place, are given to the Service Provider in line with Clause 7.1(e). In the event that Your failure to comply with Clause 7.1(e) and the Service Provider is physically present at the address You provided to HandyMama, you are liable to a cancellation fee of 100% of the Booked Service Fee. 

7.3 In the event of any miscommunication, dispute or any other occurrence that may result in the misalignment of Your expectation of the Services rendered and the actual performance of the Service Provider, You agree to immediately contact HandyMama at the first instance to inform us of the issue, and allow us to facilitate the communication between You and the Service Provider for the purpose of completing Any Services. 

7.4 You acknowledge that your preferred Service Provider, if you have one, may be unavailable from time to time, whether due to illness or vacation or through ceasing to use HandyMama. If your preferred Service Provider is unavailable, HandyMama will undertake reasonable measures in an effort to find a replacement Service Provider for you. 

7.5 In the event that You decide not to engage the Services of a Service Provider at any particular time, You must cancel Any Services and communicate your request to do so to HandyMama and the Service Provider before the commencement of Any Services in compliance with Clauses 8.1 – 8.3. 

7.6 By using HandyMama’s Site and/or App, You agree that all Services will always be requested and accepted via HandyMama’s Site and/or App, and engage or employ any Service Provider You have previously booked through HandyMama, or whose contact details you have received from us, to provide any Services other than through HandyMama. 

7.7 If a Service Provider offers to provide Services to You through means other than HandyMama, You cannot accept such offer and You are obliged to write to us immediately. 

7.8 If You breach clause 7.5 and/or 7.6, we reserve the right to 

  1. a) immediately withdraw Your right to use HandyMama without any obligation to refund any fees already paid by You; and 
  2. b) compel you to compensate us in respect of any losses we suffer as a result up to a maximum of Tk. 100,000.

8 CANCELLATIONS 

8.1 To constitute an effective cancellation of a single Event, You must do so through our App or Site. Informing the Service Provider your intention to cancel an Event does not constitute an effective cancellation of said Event. 

8.2 To constitute an effective cancellation of more than one Event, You may do so by writing to us. Informing the Service Provider your intention to cancel does not constitute an effective cancellation. 

8.3 In the event where you intended to cancel but did not make an effective cancellation in accordance with Clauses 8.1 and/or 8.2, you will incur cancellation charges under Clauses 8.5 where applicable. 

8.4 In accordance with Clause 8.1, You can cancel an Event on the Site or App at no 

charge up to twenty-four (24) hours before the commencement of the Event. 

8.5 If you cancel an Event within twenty-four (24) hours before the commencement of the Event, you will have to pay a cancellation charge equivalent to one hundred percent (100%) of the Booked Service Fee. 

8.6 If the Service Provider is unable to fulfil a confirmed Booking Request, we will attempt to find you a replacement Service Provider at no additional cost. If we cannot find you an alternative Service Provider, we will reschedule your Booking Request to a new time which suits You. You may cancel the Booking Request at no charge if and only if we cannot find a replacement Service Provider for You. 

8.7 If you decide to refuse the Event provided by the replacement Service Provider, you must do so before the commencement of the Event, failing which will constitute your acknowledgement of the entire duration of the Event provided by the replacement Service Provider. 

8.8 The authority to issue any refund lies with the Service Provider. You should contact the Service Provider directly for any refund. Once the refund amount is agreed between the Service Provider and You, HandyMama will issue the refund on behalf of the Service Provider within a reasonable time. 

9 CONVERSION OF BOOKING TYPE 

9.1 In the event that you have chosen a Weekly Booking and decide to cancel all future Events without completing at least 3 Events within a period of 1 months for Weekly Bookings from the date of the first Event, the Booking Type of all past bookings will be converted to Ad-Hoc Booking. Subsequently, you agree to be charged at the rate of Ad-Hoc Bookings for all past bookings. 

9.2 In the event that you have chosen a Fortnightly Booking and decide to cancel all future Events without completing at least 3 Events within a period of 2 months for Fortnightly Bookings from the date of the first Event, the Booking Type of all past bookings will be converted to Ad-Hoc Booking. Subsequently, you agree to be charged at the rate of Ad-Hoc Bookings for all past bookings. 

10 TERMINATION 

10.1 HandyMama reserves the right to terminate your account with immediate effect should you breach the terms and conditions set within our Terms of Use and/or any other terms and conditions that are relevant to the proper use of HandyMama. 

10.2 You may terminate your account with HandyMama, provided that you have: 

  1. a) settled all outstanding balances owed to HandyMama prior to terminating your account, where the failure to do so will result in your account continuing to be active in HandyMama’s database; 
  2. b) emailed HandyMama’s customer service at contact@handymama.co to inform HandyMama of Your request to terminate Your account; and 
  3. c) complied with all other clauses within our Terms of Use where applicable, 

including but not limited to clauses 8.2, 8.3 and 9.1. 

11 PAYMENT 

11.1 When You request the services of a Service Provider at first instance, You will be asked to provide us with valid credit card payment details to pay for the services You request through HandyMama. By providing Your credit card payment details, You agree to allow us to store Your credit card payment details with us and/or our authorised third party payment service provider for processing purposes. 

11.2 The price of the service is the price indicated on the order pages when You place Your order. It is the responsibility of the End User to ensure that the price of Any Services advised is correct before payment. Service Providers are free to set the amount they charge for the services they provide to End Users. This will be notified to You each time You request the services of a Service Provider. Upon the completion of  Any Services, the Service Provider will issue You with an invoice for the Booked Service Fee paid by You in respect of each booking. In ensuring that the price of Any Services is correct, You agree to check all other relevant information relating to the price of Any Services, which includes but is not limited to the information provided on our Site. 

11.3 If You think an invoice is incorrect, You must inform HandyMama through writing within 3 working days of receiving the invoice, failing which the invoice shall be deemed to be correct. 

12 LIABILITY 

12.1 Subject to Clause 12.5, You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of HandyMama and any content available on HandyMama, any Any Services that you book on the HandyMama platform, remains with you. HandyMama is not liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with: 

  1. a) our Terms of Use; 
  2. b) the use of or inability to use the HandyMama Platform or content available on the 

HandyMama platform; 

  1. c) from any communications, interactions or meetings with Service Providers, other End Users or any other persons with whom you communicate, interact or meet with as a result of your use of the HandyMama Platform; or 
  2. d) from your booking of Any Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HandyMama has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. 

13 INDEMNIFICATION 

13.1 You agree to release, defend (at HandyMama’s option), indemnify, and hold HandyMama and its affiliates, including but not limited to its officers, directors, employees and agents, harmless from and against any claims, liability, damages, losses, and expenses, including but not limited to all legal and accounting fees, arising out of or in any way connected with: 

  1. a) your breach of our Terms of Use; 
  2. b) Your improper use of the HandyMama platform or the content available on the 

HandyMama platform; 

  1. c) Your interaction with any Service Provider and or End User, including but not limited to any injury, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use; 
  2. d) Your breach of any laws, regulations, or third-party rights. 

 

14 USE OF YOUR PERSONAL INFORMATION 

14.1 When You register or otherwise use our Site and/or App, You provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at http://www.handymama.co/privacy-policy. It is important that You read our privacy policy, which may be updated from time to time, and understand how we use Your Information and the rights that you have about your information. In the event You process personal data relating to a buyer or a Service Provider for the purpose of effecting a transaction or otherwise using HandyMama, You confirm and undertake that You will only process such personal data for the sole purpose of participating in the marketplace on HandyMama and (where applicable) to provide the service to You and You will apply all adequate technical and organizational measures to keep such personal data secure. 

15 FAILED PAYMENT 

15.1 You will receive an automatic email (“Failed Payment Email”) when paying for an Event is not received by HandyMama, be it due to insufficient balance in your debit card or other reasons. The Failed Payment Email is to remind you to pay the amount owed for the Event (“Owed Amount”). 

15.2 In the event that payment is still not made by You one (1) month after the receipt of the Failed Payment Email, HandyMama reserves the right to transfer Your information to a trusted third party debt collection firm for the purposes of collecting the Owed Amount. 

15.3 In the event that a debt collection firm is engaged by HandyMama to collect payment from You, You agree to be charged a separate and additional sum of thirty percent (30%) of the Owed Amount (“Separate and Additional Sum”). For clarification, You will have to pay both the Owed Amount as well as the Separate and Additional Sum. 

16 ENTIRE AGREEMENT 

16.1 These terms constitute the entire agreement between You and HandyMama in relation to the use of the Site and/or the App. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between You and HandyMama, whether written or oral, in relation to the use of Site and/or the App. 

 

16.2 You acknowledge that You will have no remedies in respect of any statement, representation, assurance or warranty, whether made innocently or negligently, that is not expressed in our Terms of Use. 

17 OTHER IMPORTANT TERMS 

17.1 We may transfer our rights and obligations under these terms to another organization. We will contact You to let You know if we plan to do this. If You do not wish to continue the contract with the transferee, You may contact us to end the contract within one (1) calendar month of us informing You of the proposed transfer and we will refund you any payments You have made in advance for services not provided. 

17.2 You may transfer Your rights and/or obligations under these terms to another person only if we agree to this in writing. 

17.3 If a court finds any part of our Terms of Use illegal, the rest of this contract will continue to be in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

17.4 We reserve the right to enforce the contract at any time. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You comply with our Terms of Use, or if we delay in taking steps against You in respect of Your breaching of our Terms of Use, this does not mean that You have no obligation to comply with our Terms of Use and it will not prevent us taking steps against You at a later date. For example, if You miss a payment and we do not chase You but we continue to provide the service, we reserve the right to compel You to make the payment at a later date. This example is only for the purpose of illustration and this clause should not be construed as being limited to this example. 

17.5 You understand that HandyMama is an independent contractor to You. The relationship between HandyMama and You is neither: 

  1. a) a legal partnership; 
  2. b) an employee-employer relationship; nor 
  3. c) a principal-agent relationship. 

 

18 GOVERNING LAW AND DISPUTE RESOLUTION 

18.1 These terms are governed by and shall be construed in accordance with the laws of the People’s Republic of Bangladesh. 

18.2 The courts of the People’s Republic of Bangladesh shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms. 

18.3 In the event of any dispute, You agree to first utilize Informal Dispute Resolution, either by way of at least 2 meetings or in writing, before attempting other means. HandyMama desires to address Your concerns without resorting to a formal legal proceeding. You may commence litigation proceedings against HandyMama if and only if the dispute is not resolved within 30 days of the commencement of Informal Dispute Resolution. 

18.4 You and HandyMama acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all disputes.