1. APPLICATION OF THESE TERMS
The Hood service enables people who are looking to move and settle into a new neighbourhood (or who just want to better enjoy their current neighbourhood) to connect with listed service providers who can help them with their identified service needs. As a Hood user, your use of the Hood service and access to the Hood platform is subject to these Hood User Terms
2. NEIGHBOURHOOD SERVICES AND OTHER DEFINED TERMS
In these terms, services you acquire from a listed service provider using the Hood service are called neighbourHood service. Other words which appear in bold have the meanings given to them in section 16 (Interpretation).
3. THE HOOD SERVICE
3.1 The Hood service is powered by our online Hood platform; a combination of Hood chatbot technology and our proprietary search algorithms. As a Hood user, you can use the Hood chatbot to identify your particular service needs. Our proprietary algorithms will then search leading search engines and our own Hood user rating database to identify (“nominate”) the five best customer-rated service providers listed on the Hood service to meet your identified service needs. You will receive a priced proposal for your service needs for each nominated service provider, based on their listed pricing. You can then select your preferred service provider, chat with them about your service needs and, once you’re comfortable, finalise the priced proposal to form your services agreement.
3.2 The Hood service also incorporates a payment processing service for the receipt and payment of the agreed neighbour service fees payable under your services agreement, as more fully described in section 4 (payment processing service).
4 PAYMENT PROCESSING SERVICE
4.1 The payment processing service enables you to pay the agreed neighbour service fees in advance and for those fees to be held in escrow by our payment processing service provider pending payment to your selected service provider on completion of the neighbourhood service. It also provides a binding mechanism for the resolution of any disputes with your selected service provider about your neighbourhood services, your services agreement or the neighbour service fees (‘transaction disputes’). Your use of the payment processing service may be subject to an end-user agreement under which our payment processing service provider operates the service. You must comply with any such end-user agreement, including any terms relating to the resolution of transaction disputes.
5. CHARGES FOR USE OF THE HOOD SERVICE
5.1 We won’t charge you for your access to the Hood platform or your use of the Hood service. You will pay your selected service provider the agreed neighbourhood service fees for your neighbourhood services as agreed in your service agreement using the payment processing service
5.2 We will usually charge listed service providers standard listing charges for their particular neighbourhood service category (normally this is a fixed percentage of the neighbourhood service fees they have agreed with the Hood user). In return, we give listed service providers access to our hosted Hood platform so that they can list their service offerings and pricing, use the Hood service to connect with and supply neighbourhood services to Hood users and be paid neighbourhood service fees via the payment processing service.
5.3 The Hood service will nominate listed service providers for your identified service needs based solely on favourable customer reviews sourced from leading search engines and our Hood user rating database. We don’t allow service providers to buy nominations by paying us a premium listing fee or any other amount.
6. RESPONSIBILITY FOR NEIGHBOURHOOD SERVICES
6.1 The Hood service helps you connect with the best customer-reviewed service providers for your service needs but we don’t select your service provider or provide you with neighbourhood services. We’re not responsible for the neighbourhood services your selected service provider commits to deliver or for the associated conduct of your service provider, their subcontractors or their respective personnel. Responsibility for those things needs to be covered to your satisfaction in your services agreement.
6.2 You will need to:
(a) make your own judgment about the suitability of your selected service provider;
(b) make sure you are comfortable with the finalised services agreement; and
(c) consider whether you should have insurance in place to cover potential losses you might suffer in connection with your neighbourhood services
7. YOUR OBLIGATIONS
As a Hood user you:
(a) must comply fully and promptly with your obligations under any services agreement and any end-user agreement governing the operation of the payment processing service;
(b) must deal with service providers courteously and ethically and comply at all times with any Hood Code of Conduct;
(c) consent to having your details included in our Rate Your Hood User Survey; and
(d) expressly consent to us contacting you by whatever means, including by telephone and despite your details being on the Do Not Call Register for a period of 1 year after you agree to these Hood User Terms.
9. INTELLECTUAL PROPERTY
9.1 In these terms, 'Intellectual Property Rights means all intellectual property rights, including the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (i); and
(c) all rights of a similar nature to any of the rights in paragraphs (i) and (ii) that may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered.
(a) As between you and us, all rights, titles and interests (including Intellectual Property Rights) in the Hood Platform are owned by us (and our third-party licensors).
(b) All rights, title and interest (including Intellectual Property Rights) in each product are owned by the applicable Supplier (and/or their third-party licensors).
While we use reasonable endeavours to ensure the Hood Platform and any transactions conducted through the Service are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error-free. We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
10 LINKS TO THIRD-PARTY WEBSITES
10.1 The Hood Platform may contain links to third-party websites which are not under our control. These links are in the Hood Platform for your convenience.
10.2 We make no representations or warranties as to the accuracy or any other aspect of the information on any linked third-party website and the inclusion of any link does not imply endorsement, recommendation or support by us of that website or its contents. You acknowledge and agree that any access and use of linked third-party websites is at your own risk.
10.3 We are not responsible for:
(a) the contents of any linked third-party website or any link contained on a linked third-party website, or any changes or updates to such sites; and
(b) any losses suffered by you in connection with accessing or using any linked third-party websites.
10.4 These terms do not extend to the use of linked third-party sites. We recommend that you review the terms and conditions of a linked third-party website before using that website.
11. LIABILITY AND INDEMNITY
Subject to paragraph 11.2 we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Hood Platform or the Hood Services, and we are not liable to you if the Hood Service is unavailable for any reason.
11.2 Non-excludable Obligations
(a) To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(b) Nothing in this clause 11 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute, the exclusion, restriction or modification of which would:
(i) contravene that statute; or
(ii) cause any term of these terms to be void,
11.3 Exclusions and limitations
Except in relation to Non-excludable Obligations:
(a) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these terms;
(b) our liability to you arising directly or indirectly under or in connection with these terms or the performance or non-performance of these terms and whether arising under any indemnity, statute, tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(i) we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any other economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) or any loss or damage suffered directly or indirectly in connection with your use of the Hood service, neighbourhood services you acquire using the Hood service or any conduct on the part of service providers, their subcontractors or their respective personnel incurred by you or anyone else under or in connection with the Hood Platform or the provision of the Hood Services; and
(ii) our total aggregate liability to you is otherwise limited to an amount not exceeding the total amounts paid by you for the Hood Service.
You indemnify us against any loss or damage we suffer (including any claim made by a third party) arising from or in connection with your breach of these terms or the terms and policies it incorporates by reference or your violation of any law or the rights of any third party.
(a) You release us from any claim relating to your use of the Hood service, any neighbourhood services you acquire using the Hood service or any conduct on the part of service providers or their personnel.
(b) You indemnify us against any loss, liability or expense (including legal fees) we suffer or incur in connection with any claim relating to your use of the Hood service, any neighbourhood services you acquire using the Hood service or any conduct on the part of service providers, their subcontractors or their respective personnel.
12. CHANGING THESE TERMS
These Hood User Terms are subject to change from time to time. We will notify you of any such change by giving you written notice of the change. Except where we consider that it is necessary to introduce a change more quickly (eg to ensure compliance with the law or to deal with a risk to the security of the Hood service) we will give you at least 30 days' notice of any change. Continued use of the Hood Service after the effective date of a change will signify your acceptance of any such change.
13. SUSPENSION AND TERMINATION
We may suspend your subscription and your access to the Hood platform and your use of the Hood service and temporarily remove your service needs entries if you fail to comply with these Hood User Terms. We may terminate your subscription and your access to the Hood platform and your use of the Hood service and permanently remove your service needs entries if we consider that the non-compliance cannot be remedied or if you fail to remedy the non-compliance within the period we specify in our notice to you identifying the non-compliance or if you are repeatedly non-compliant with these terms.
14 ENTIRE AGREEMENT
These terms comprise the entire agreement between you and us about its subject matter.
15 JURISDICTION AND GOVERNING LAW
We are Australia based and these terms are governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the courts of appeal from them.
16.1 In these terms:
1. claim includes a complaint, allegation, demand, claim, regulatory action, suit or proceeding.
2. conduct includes acts and omissions.
3. end-user agreement means any end-user agreement under which the payment processing service is operated by our payment processing service provider.
4. Hood Code of Conduct means any code of conduct notified to you from time to time.
5. Hood platform means the applications (including the Hood chatbot), equipment, communication links and other technology we use to provide the Hood service.
6. Hood service means the service (more fully described in section 3 (The Hood service)) we provide using the Hood platform to enable Hood users and listed service providers to connect so that they can discuss and agree services agreements. The Hood service includes the payment processing service.
7. Hood user is a person who subscribes to access the Hood platform and use the Hood service.
8. law includes the common law, principles of equity, statutes and instruments made under them.
9. mandatory consumer terms are defined in section 9 (Warranties and disclaimers).
10. neighbourhood services are defined in section 2 (Neighbourhood services and other defined terms).
11. neighbourhood service fees are the amounts payable by a Hood user for neighbourhood services.
12. nominate is defined in section 3 (The Hood service) and the nomination has a corresponding meaning.
13. payment processing service is described in section 4 (Payment processing service).
14. payment processing service provider means the entity operating the payment processing service from time to time.
15. personnel includes individuals retained under contracts of service and contracts for services.
16. Rate Your Hood User Survey means any survey of service providers to rate Hood user compliance and conduct, conducted by us or on our behalf from time to time.
17. the service provider is a service provider listed on the Hood service.
18. a services agreement is an agreement between a Hood user and a service provider for the supply of neighbourhood services formed using the Hood service.
19. transaction dispute is defined in section 4 (Payment processing service).
20. we mean Hood Movetech Pty Ltd ACN 614 442 607.
21. you mean a Hood user using the Hood service.
1. In these terms: (headings) Headings are included in these terms for convenience only and do not affect interpretation.
2. (other grammatical forms) Where a word or phrase is given a particular meaning other parts of speech or grammatical forms of that word or phrase have corresponding meanings.
3. (meaning not limited): The words “include”, “for example” or “such as” are not to be interpreted as words of limitation.
4. (singular includes plural) The singular includes the plural and vice versa.