Homeowner Terms and Conditions
- Key Definitions
- “HaMuch, Company, Us, We, Our, Our’s” means Hamuch Ltd, Co. Reg. No. 12245696 with registered offices at 406 Fulham Palace Road, London SW6 6HU.
- “Homeowner, Customer, You, Your, Yourself, User” means any person who uses the Website, submits or publishes a job on the Website for Tradespeople to respond to or quote on.
- “Job” means a project/job submitted by You.
- “Service” means any procedure or service that is provided by HaMuch to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone, SMS or email.
- “Tradespeople, Tradesperson, Tradesmen, Trade Business, Trades” means any business or sole trader who registers on the Website in order to quote for work posted by Homeowners or be contacted directly by Homeowners.
- “Website” means the website HaMuch.com and all the pages, content and subdomains contained therein.
- “Express Interest” means Tradespeople contacting, quoting or messaging a homeowner found via our Service.
- “Job Lead, Lead” is a Job Homeowners post and give tradespeople the opportunity to Express Interest in.
- “Post a Job, Find affordable tradespeople, Get a Quote” is the submission of a Job Lead by Homeowners thus sharing their contact details with Tradespeople who may contact the Homeowners directly.
- “Arrangement with Tradesperson”, means any agreement reached directly between a Homeowner and a Tradesperson for the undertaking of a project.
- Governing Law & Jurisdiction
2.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of English courts.
2.2 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 terminating without further liability.
- Service Overview
HaMuch provides an online marketplace for Homeowners and Tradespeople.
3.1 The Service to Homeowners is free. Tradespeople may pay a membership to access your Content.
3.2. You may Post a Job and seek an Arrangement with Tradespeople at Your own risk.
3.3. If Posting a Job you must provide Postcode plus Email or Mobile Phone, or both and you agree that your contact details along with your general location such as postcode, will be provided to Tradespeople who match to your requirements. Matching is based on User content and HaMuch accepts no liability for inaccurate matches.
3.4 Job titles and Job Descriptions both may be placed on the Website in the public domain and so you must not include personal information such as contact details in them. Your contact details will only be shared with tradespeople interested in your job.
3.5 You agree that you will only post Jobs when you have the genuine authority to appoint a Tradesperson, that you have an immediate need for the described Job to be completed and that you have the required funding in place to pay for the Job.
3.6 You agree that you will provide accurate and honest information in your Job Post to help Tradespeople determine if they will be interested in your Job.
3.7 After posting a job you may be notified about Tradespeople who are interested in your Job and you may be contacted directly by Tradespeople. We make no warranty as to; the availability or interest of Tradespeople, accuracy of prices or that you will get any responses to a Job Post.
3.8 You are responsible for any messages you post through our private messaging system.
- Arrangements with Trades Businesses
4.2 In using the Services provided by HaMuch you acknowledge that HaMuch is not acting as a contractor or agent and is not responsible for any work done by a Trades Business.
4.3 You acknowledge that it is the sole responsibility of the Homeowner to select a suitable Trades Business and to negotiate the terms for any work that they undertake, and HaMuch will not be involved or held liable for any Arrangement with Trades Businesses.
4.4 You agree that before entering into an Agreement with a Trades Business, You will obtain confirmation of insurance cover, guarantees, qualifications and any other necessary documentation. HaMuch will not be liable for any problems or losses suffered as a result of you not obtaining or verifying these details.
4.5 Your interactions with Trade Businesses, 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 you and such organisations and/or individuals.
5.1 You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Job Posts, messages sent though the private messaging system, profiles, job titles, job descriptions and other content must be civil, tasteful and appropriate.
5.2 You understand that all postings, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from public areas of HaMuch, are visible to other Homeowners, Tradespeople and users of website and the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or make otherwise available via the Service.
5.3 Content including lists of trades, services and pricing information is provided by Trade Businesses not HaMuch. Although we attempt to ensure that it is correct and accurate, HaMuch cannot guarantee the accuracy of the information and we are not liable for any problems or losses arising from errors in the content.
5.4 The HaMuch Website and content available through the Service may contain links to other websites, which are completely independent of HaMuch. HaMuch makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
5.5 If you provide any link to any other websites this is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstance will HaMuch be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.
5.6 You acknowledge that HaMuch does not pre-screen or approve content, but that HaMuch shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
5.7 You specifically give us permission to view, check or moderate anything You post to the Website including Job Posts, messages and other content.
- Intellectual Property
6.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
6.2 Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable licence to use the Rights.
6.3 You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your Homeowner Information) from the Service without our prior written permission.
6.4 By providing Homeowner Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way.
7.1 In the event that you have a dispute with a Trade Business or User, you agree that you will address such dispute directly to the Trade business concerned as soon as reasonably practical and in a fair and reasonable manner.
7.2. You agree to bring any disputes to the attention of HaMuch by emailing firstname.lastname@example.org.
7.3 HaMuch, it’s officers, employees, agents and successors cannot get involved directly with any dispute You have with a Trade Business and accept no liability for any such dispute. You hereby release Us from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
8.1 All Trade Businesses are subject to feedback evaluations from Customers if, after expressing interest, an Arrangement with Trade Business is reached to carry out some or all of the job advertised or similar or related work.
8.2 You agree that if posting reviews or feedback, it will be fair and honest and reflect a genuine buying experience. Your review will not solely focus on one negative point of friction but reflect a number of service areas such as customer service, quality of work and price. HaMuch is not responsible for the feedback content that Customers post, or any harm done by such content. The Customer who posts feedback is directly responsible for its content, and the accuracy and legality thereof. HaMuch may edit or remove any review which it feels breaches these guidelines.
8.4 If posting a review, You accept that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse is not acceptable and will be removed and You may be banned from further use of the Service.
8.5 HaMuch checks on feedback with the aim to ensure that feedback is authentic and will remove feedback that in its sole discretion appears to be fake. We make no claim or warranty of the accuracy or authenticity of any feedback. HaMuch may, at its sole discretion, also remove feedback at the request of the author.
8.6 HaMuch may publish aggregated or non-aggregated review data for a Trade Business that is widely available from the Internet. This is to help You make an informed choice and HaMuch offers no warranty as to the accuracy of this information.
9.1 You acknowledge that HaMuch may establish fair usage limits concerning use of the Website, including but not limited to the maximum numbers of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
9.2 You agree that HaMuch has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website, You also acknowledge that HaMuch reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that HaMuch shall not be liable to you or to any third party for any modification suspension or discontinuance of any services.
- Limitation of Liability and Indemnity
10.1 Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
10.2 If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
10.3 Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
10.4 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with this Agreement.
10.5 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 from them are hereby expressly excluded to the extent permitted by law.
10.6 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
10.7 In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register as both a “Homeowner” and as a “Trade Business” then only the aggregate cap in the Trade Business User Agreement shall apply.
10.8 We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
10.9 Each of the provisions of this Clause shall be construed separately and independently of the others.
10.10 We make no warranty that the Service or Website will be uninterrupted or error free, or that any defects will be corrected.
10.11 You agree to indemnify Us and keep indemnified, against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, website and/or other material posted on the Website by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.
- Termination of Services
11.1 You agree that HaMuch, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if HaMuch believes that you have acted inconsistently with the letter or spirit of the terms.
11.2 Further, you agree that HaMuch shall not be liable to you or any third-party for any termination or restriction of your access to the website.
11.3 Further, you agree not to attempt to use the website after said termination.
12.1 HaMuch reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.
12.2 You confirm that you are not agreeing to these Terms in reliance of any representation made by us including verbal representations or advertising, other than those which are expressly set out here in writing. These Terms constitute the entire agreement between Us and You and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between ourselves relating to your Membership or Membership Services, whether written or oral.
12.3. Should any part of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect.
12.4 We may assign any of our rights and transfer, delegate or subcontract any of our obligations under these Terms.
12.5 Use of the Service is entirely at the discretion of HaMuch and any user may be removed or barred from using the Service without explanation.