Here are our terms and conditions. Please contact us at info@HeyHUDU.com if you have any other questions.
The HUDU terms & conditions (updated March 2022) outline HUDU’s and Your obligations and responsibilities on the HUDU Platform.
HUDU operates an online platform allowing Users to connect through the HUDU Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the HUDU Glossary.
1. SCOPE OF HUDU SERVICES
1.1 HUDU provides the HUDU Platform to enable Listers to publish Projects.
1.2 HUDU’rs may make a Bid in response to a Posted Project. Some parts of Bid details may be made publicly available, including to internet users who are not Users.
1.3 A Lister may revoke or modify a Posted Project at any time before he/she accepts a Bid. HUDU reserves the right to cancel all Bids on a Posted Project made prior to the modification.
1.4 If a Lister accepts a Bid on the HUDU Platform, a Project Contract is created between the HUDU’r and the Lister.
1.5 Upon creation of a Project Contract, the Lister must pay the Agreed Price into the Payment Account.
1.6 Upon creation of the Project Contract, HUDU has rendered HUDU Services and the Service Fee is due and payable.
1.7 Once the Project Contract is created, the HUDU’r and Lister may vary the Project Contract on the HUDU Platform. The Lister and HUDU’r are encouraged to use HUDU’s private messaging system to amend or vary the Project Contract (including the Agreed Price) or to otherwise communicate.
1.8 Once the Services are complete, the HUDU’r must provide notice of that on the HUDU Platform.
1.9 Once the Services are complete, the Lister must provide notice of that on the HUDU Platform.
1.10 Once the Posted Project has been completed and the Lister confirms the Services are completed, or if HUDU is satisfied the Services have been completed, the HUDU’r Funds will be released by HUDU from the Payment Account to the HUDU’r.
1.11 After the Project Contract is completed, the parties are encouraged to review and provide feedback of the Services on the HUDU Platform.
1.16 HUDU may also provide a HUDU’r Listing feature enabling HUDU’rs to publish Bids for Services.
1.17 HUDU may publish HUDU’r Listings from time to time in its absolute discretion.
1.18 A Lister may request to book a HUDU’r Listing by clicking on the Request Booking button and completing the booking request. The HUDU’r may then make a Bid to perform the Project. When using HUDU’r Listing, a Project Contract is created when the Lister accepts the Bid made by the HUDU’r.
1.19 A HUDU’r may revoke or modify its HUDU’r Listing at any time before a Lister accepts a HUDU’r’s Bid.
2. HUDU’S ROLE AND OBLIGATIONS
2.1 HUDU provides the HUDU Platform only, enabling Users to publish and make Bids on Posted Projects or publish Bids for Services.
2.2 HUDU only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, HUDU may refuse to allow any person to register or create an account with HUDU or cancel or suspend or modify any existing account including if HUDU reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the HUDU Platform.
2.5 Registering and creating an account with HUDU is free. There is no charge for a Lister to post Projects, or for other HUDU Users to review content on the HUDU Platform, including Posted Projects.
2.6 HUDU accepts no liability for any aspect of the Lister and HUDU’r interaction, including but not limited to the description, performance or delivery of Services.
2.7 HUDU has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of HUDU’rs to perform Projects or supply items, or the honesty or accuracy of any information provided by Listers or the Listers’ ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the HUDU Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 HUDU has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
2.10 You understand and agree that HUDU does not undertake any investigation in relation to any HUDU’r or third party service provider before they are admitted to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a HUDU’r or third party service provider to perform any Project which they may claim to be able to provide on the platform. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a HUDU’r to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a HUDU’r. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless HUDU from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the HUDU Platform;
(c) ensure that You are aware of any laws that apply to You as a Lister or HUDU’r, or in relation to using the HUDU Platform.
3.2 You agree that any content (whether provided by HUDU, a User or a third party) on the HUDU Platform may not be used on third party sites or for other business purposes without HUDU’s prior permission.
3.3 You must not use the HUDU Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your HUDU account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant HUDU an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the HUDU Platform for the purpose of publishing material on the HUDU Platform and as otherwise may be required to provide the HUDU Service, for the general promotion of the HUDU Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the HUDU Platform must not, in any way whatsoever, be potentially or actually harmful to HUDU or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by HUDU.
3.7 Without limiting any provision of this Agreement, any information You supply to HUDU or publish in a Bid or a Posted Project (including as part of a Bid) must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain any material that, in HUDU’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any HUDU Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 HUDU Platform may from time to time engage location-based or map-based functionality. The HUDU Platform may display the location of Listers and HUDU’rs to persons browsing the HUDU Platform. A User should never disclose personal details such as the Lister’s full name, street number, phone number or email address in a Posted Project or in any other public communication on the HUDU Platform.
3.9 If You are a HUDU’r, You must have the right to provide Services under a Project Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including HUDU’r Funds) received under a Project Contract.
3.10 You must not, when supplying Services, charge a Lister any fees on top of the HUDU’r Funds. However, the parties to a Project Contract may agree to amend the Agreed Price through the HUDU Platform.
3.11 You must not request payments outside of the HUDU Platform from the Lister for the Services except to the extent permitted by clause 3.12 and only if the HUDU Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 If a HUDU’r agrees to pay some costs of completing the Services (such as equipment to complete the Services), the HUDU’r is solely responsible for obtaining any reimbursement from the Lister. HUDU advises HUDU’rs not to agree to incur costs in advance of receiving the payment for these costs, unless the HUDU’r is confident the Lister will reimburse the costs promptly.
3.13 For the proper operation of the HUDU Platform (including insurance, proper pricing and compliance with Policies), the HUDU’r must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Project Contract, then that third party must also be a registered User of the HUDU Platform.
3.14 If HUDU determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Project Contracts, it reserves the rights to remove any content, Posted Project or Bid You have submitted to the HUDU Service or cancel or suspend Your account and/or any Project Contracts.
4.1 Upon the creation of a Project Contract, the HUDU’r and Lister each owes HUDU the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.
4.2 If the Posted Project requires a HUDU’r to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
4.4 All Fees and charges payable to HUDU are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.5 If HUDU introduces a new service on the HUDU Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 HUDU may set-off any Fees against any HUDU’r Funds or other amounts held by HUDU on behalf of a User.
4.7 HUDU may restrict a User’s account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
5.1 If the Project Contract is canceled for any reason (by a Lister, a HUDU’r or under this Agreement) prior to the commencement of the Project Contract, then if HUDU is reasonably satisfied that the Agreed Price should be returned to the Lister then the Agreed Price will be refunded to the Lister as Stored Value and a Cancellation Admin Fee will be due to HUDU by the User who the cancellation of the Project Contract is attributable to under clause 5.5 or 5.6.
5.2 HUDU may decide in its absolute discretion to refund the Agreed Price back onto the Lister’s credit card instead of Stored Value or waive the Cancellation Admin Fee.
5.3 Any amount returned by HUDU to a Lister on behalf of a HUDU’r under clause 5.1 will be a debt owed by the HUDU’r to HUDU and may be offset by HUDU against any other payments owed at any time to the HUDU’r.
5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to HUDU and may also be offset by HUDU against any other payments owed at any time to the User.
5.5 Cancellation of a Project Contract will be attributable to the HUDU’r where:
(a) the Lister and the HUDU’r mutually agree to cancel the Project Contract; or
(b) following reasonable but unsuccessful attempts by a Lister to contact a HUDU’r to perform the Project Contract, the Project Contract is canceled by the Lister; or
(c) the HUDU’r cancels the Project Contract; or
(d) a Project Contract is canceled in accordance with clause 3.14 as a result of the HUDU’r’s actions or breach.
5.6 A Cancellation of a Project Contract will be attributable to a Lister where:
(a) the Lister cancels the Project Contract (other than in accordance with clause 5.5(b); or
(b) a Project Contract is canceled in accordance with clause 3.14 as a result of the Lister’s actions or breach..
5.7 If the parties agree to any additional cancellation fee payable under the Project Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.8 HUDU may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Lister.
5.9 If, for any reason, the HUDU’r Funds cannot be transferred or otherwise made to the HUDU’r or returned to the Lister (as the case may be) or no claim is otherwise made for the HUDU’r Funds, the HUDU’r Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Lister initially paid the Agreed Price into the Payment Account.
5.10 Following the 3 months referred to in clause 5.9, and provided there is still no dispute in respect of the HUDU’r Funds, the HUDU’r Funds will be credited to the Lister as Stored Value.
5.11 If the Project Contract is canceled and a User who is party to the Project Contract can show that work under a Project Contract was commenced, then the amount of the Agreed Price to be returned to the Lister will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.
6. STORED VALUE
6.1 Stored Value :
(a) can be used by the credited User to pay for any new Services via the HUDU Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
(d) are valid for 12 months from the date on which that particular Stored Value is applied to a User’s account, the date of issue or purchase or any expiry date applied by HUDU (conditional upon any contrary specific jurisdictional legislative requirements);
(e) if the Stored Value is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User’s first Project Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without HUDU’s prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, HUDU will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 HUDU will not accept, and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and HUDU reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.
6.4 HUDU is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is canceled by HUDU.
7. BUSINESS PARTNERS
7.1 HUDU may enter into agreements with Business Partners and may seek to engage HUDU’rs in the provision of Business Services. HUDU’rs who agree to perform Business Services for Business Partners acknowledge and agree that HUDU and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require HUDU’rs providing Business Services to be approved or hold particular qualifications. HUDU may assist Business Partners to locate suitably qualified HUDU’rs. HUDU makes no warranty that it will promote any or all suitably qualified HUDU’rs to Business Partners.
7.3 Business Partners may require HUDU’rs to enter into a Business Partner Contract before providing Business Services.
7.4 Where a HUDU’r accepts a Posted Project with a Business Partner:
(a) the HUDU’r must provide Business Services to the Business Partner in accordance with the Project Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
8.1 HUDU uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If HUDU changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
9.1 HUDU may from time to time include Third Party Services on the HUDU Platform. These Third Party Services are not provided by HUDU.
9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the HUDU Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 HUDU makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our HUDU Platform, Users may inform HUDU of their Third Party Service experience here.
10. VERIFICATION & BADGES
10.1 HUDU may use Identity Verification Services.
10.2 You agree that HUDU Identity Verification Services may not be fully accurate as all HUDU Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and HUDU accepts no responsibility for any use that is made of an HUDU Identity Verification Service.
10.4 HUDU Identity Verification Services may be modified at any time.
10.5 The HUDU Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 HUDU may make Badges available to HUDU’rs. The available Badge can be requested by the HUDU’r via the HUDU Platform, and arranged on behalf of the HUDU’r and issued by HUDU, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the HUDU’r and determined by HUDU or a third party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Project Contract, you do so aware of this limitation. You should seek to verify any Badge with the HUDU’r prior to commencing the Project.
10.8 It remains the HUDU’r’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform HUDU immediately if a Badge is no longer valid.
10.9 HUDU may, at its discretion, issue Badges to HUDU’rs for a fee.
10.10 The issue of a Badge to a HUDU’r remains in the control of HUDU and the display and use of a Badge is licensed to the HUDU’r for use on the HUDU Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the HUDU Platform.
10.11 HUDU retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by HUDU.
11. COVID-19 VACCINATION BADGES
11.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your HUDU user profile, You must provide HUDU with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to HUDU that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive or fraudulent you may be barred from using the HUDU platform in future.
Consent to Process Data
11.2 By submitting your personal information or otherwise using the HUDU platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that HUDU may provide your personal information to any third party service provider contracted for the purposes of assessing your data. HUDU (and its third party processors) may store your personal information for the duration of your period as a User of the HUDU platform and up to 6 months after you terminate your profile on the platform.
11.3 HUDU (or its third party processors) will assess the Covid Documentation provided by a User and verify that:
the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority;
the name on the Covid Documentation matches the name of the User (Customer or HUDU’r) recorded on the HUDU platform.
HUDU will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that HUDU has carried out the above steps only. HUDU gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.
11.4 You understand and agree that individual Users (Customers or HUDU’rs) are solely responsible for the accuracy of the information they provide and HUDU does not undertake investigations in relation to Users’ vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or HUDU’r) you may come in contact with during the course of a Project, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless HUDU and its associates and its third party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the HUDU platform.
11.5 USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS HUDU HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR HUDU’r) BY HUDU MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. HUDU EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.
12.1 HUDU may offer its Users an opportunity to obtain insurance for certain Project Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the HUDU website when they are available. HUDU confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
12.2 HUDU does not represent that any insurance it acquires or which is offered via the HUDU Platform is adequate or appropriate for any particular User.
12.3 Each User must make its own enquiries about whether any further insurance is required and HUDU’rs remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the HUDU Platform.
12.4 HUDU may also take out other insurance itself and that insurance may at HUDU’s option extend some types of cover to Users. HUDU reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the HUDU website and the policy details can be requested via HUDU. Users are responsible for familiarizing themselves with these details.
12.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a HUDU’r, and the insurance taken out by HUDU (if any) responds to that claim then this clause applies. If a claim is made against a HUDU’r, HUDU may (provided that the HUDU’r consents) elect to make a claim under any applicable policy and if the claim is successful, HUDU reserves its right to recover any excess or deductible payable in respect of the claim from the HUDU’r. Where HUDU makes a claim and the insurer assesses that the HUDU’r is responsible, HUDU is entitled to rely on that assessment. If You do not pay any excess due under this clause, HUDU may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
12.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a HUDU’r, and the insurance taken out by HUDU (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. HUDU may elect to reject or pay an amount to settle a claim not covered by HUDU’s own insurance policies. To the extent that the HUDU’r was or would be liable for the amount of the claim, if HUDU elects to pay an amount to settle the claim the amount paid by HUDU may be recovered by HUDU from the HUDU’r. HUDU may also elect to set this amount off against future moneys it may owe to the HUDU’r.
13.1 You can complain about any comment made on the HUDU Platform using the ‘Report’ function of the HUDU Platform or contact HUDU via the HUDU Platform.
13.2 HUDU is entitled to suspend or terminate Your account at any time if HUDU, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other HUDU Users.
14. LIMITATION OF LIABILITY
(1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUDU PLATFORM IS PROVIDED “AS IS,” AND HUDU AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “HUDU PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE HUDU PARTIES DO NOT WARRANT THAT THE HUDU PLATFORM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THE HUDU PARTIES SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, ACCURACY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
(2) TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUDU PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE RELATING TO ANY INACCURACY OF INFORMATION PROVIDED, OR THE LACK OF FITNESS FOR PURPOSE OF ANY GOODS OR SERVICE SUPPLIED), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY TRANSACTION BETWEEN ListerS AND HUDU’rs OR (B) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE HUDU PLATFORM.
(3) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HUDU PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE HUDU SERVICES, (B) ANY TRANSACTION BETWEEN ListerS AND HUDU’rs, OR (C) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE HUDU PLATFORM, IN ALL CASES (A) THROUGH (C) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE HUDU PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
(4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUDU PARTIES’ LIABILITY TO ANY USER OF THE HUDU SERVICE IS LIMITED TO THE TOTAL AMOUNT OF PAYMENT MADE BY THAT USER TO HUDU DURING THE TWELVE MONTH PERIOD PRIOR TO ANY INCIDENT CAUSING LIABILITY OF HUDU, OR $40.00, WHICHEVER IS GREATER.
(5) EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE UNITED STATES TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.2 HUDU will endeavor to permit you to transact anonymously on the HUDU Platform. However in order to ensure HUDU can reduce the incidence of fraud and other behavior in breach of the Community Guidelines, HUDU reserves the right to ask Users to verify themselves in order to remain a User.
16. MODIFICATIONS TO THE AGREEMENT
16.1 HUDU may modify this Agreement or the Policies (and update the HUDU pages on which they are displayed) from time to time. HUDU will send notification of such modifications to Your HUDU account or advise You the next time You login.
16.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the HUDU Platform in any manner, including engaging in any acts in connection with a Project Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify HUDU who will terminate Your HUDU account, and stop using the HUDU Service.
17. NO AGENCY
17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind HUDU, its related entities or affiliates in any way whatsoever. HUDU confirms that all Third Party Services that may be promoted on the HUDU Platform are provided solely by such Third Party Service providers. To the extent permitted by law, HUDU specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to HUDU’s contact address as displayed on the HUDU Platform, or to HUDU Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your HUDU Platform account.
18.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
19. MEDIATION AND DISPUTE RESOLUTION
19.1 HUDU encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that HUDU may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
19.2 If a dispute arises with another User, You must cooperate with the other User and make a genuine attempt to resolve the dispute.
19.3 HUDU may elect to assist Users resolve disputes. Any User may refer a dispute to HUDU. You must co-operate with any investigation undertaken by HUDU. HUDU reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or HUDU’s determination in an applicable court or tribunal.
19.4 HUDU has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
19.5 HUDU may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
19.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
19.7 If You have a complaint about the HUDU Service please contact us here.
19.8 If HUDU provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to HUDU for any costs, losses or liabilities incurred by HUDU in relation to any claims relating to any other use of information not permitted by this Agreement.
20.1 Either You or HUDU may terminate your account and this Agreement at any time for any reason.
20.2 Termination of this Agreement does not affect any Project Contract that has been formed between HUDU Users.
20.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
20.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
20.5 If Your account or this Agreement are terminated for any reason then You may not without HUDU’s consent (in its absolute discretion) create any further accounts with HUDU and we may terminate any other accounts You operate.
21.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
21.3 This Agreement may be assigned or novated by HUDU to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
21.4 This Agreement sets out the entire understanding and agreement between the User and HUDU with respect to its subject matter.
Revised March 2022 copyright HUDU 2022
MODEL Project CONTRACT
The terms used in this Project Contract have the meaning set out in the HUDU Glossary. A Project Contract is created in accordance with the HUDU Agreement. Unless otherwise agreed, the Lister and the HUDU’r enter into a Project Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Project Contract is created when the Lister accepts the HUDU’r’s Bid on a Posted Project to provide Services.
1.2 The Project Contract will continue until terminated in accordance with clause 7.
2.1 The HUDU’r will perform Services in a proper and workmanlike manner.
2.2 The HUDU’r must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Project Contract.
2.4 The parties acknowledge that the Project Contract is one of personal service where the Lister selected the HUDU’r to perform the Services. Therefore the HUDU’r must not subcontract any part of the Services to any third party without the Lister’s consent.
2.5 The HUDU’r remains responsible and liable at all times to the Lister for any acts or omissions of a subcontractor as if those acts or omissions had been made by the HUDU’r.
3.1 Each party warrants that the information provided in the creation of the Project Contract is true and accurate.
3.2 The HUDU’r warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of the Project Contract, the Lister must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the HUDU’r will provide notice on the HUDU Platform.
4.3 The Lister will be prompted to confirm the Services are complete. If the HUDU’r has completed the Services in accordance with clause 2, the Lister must use the HUDU Platform to release the HUDU’r Funds from the Payment Account. For Recurring Services the HUDU’r Funds for an Occurrence will automatically be released by HUDU from the Payment Account to the HUDU’r unless paused by the Lister in accordance with the User’s HUDU Agreement.
4.4 If the parties agree to cancel the Project Contract, or the Lister is unable to contact the HUDU’r to perform the Project Contract, the HUDU’r Funds will be dealt with in accordance with the User’s HUDU Agreement.
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Project Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to HUDU and act in accordance with clause 18 of the HUDU Agreement.
7 TERMINATION OF CONTRACT The Project Contract will terminate when:
(a) the Services are completed and the Agreed Price is released from the Payment Account;
(b) a party is terminated or suspended from the HUDU Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by HUDU in accordance with the party’s HUDU Agreement.
8 APPLICATION OF POLICIES The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW The Project Contract is governed by the laws of the jurisdiction where the Posted Project was posted on the HUDU Platform.
Revised March 2022 copyright HUDU 2022
“Agreement” means the most updated version of the agreement between HUDU and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the Payment Account made by the Lister but does not include any costs incurred by the HUDU’r when completing Services which the Lister agrees to reimburse.
“HUDU”, “we” “us” or “our” means the legal entity prescribed in Your Country Specific Terms.
“HUDU Badge” means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by HUDU.
“HUDU Platform” means the HUDU website at https://www.HeyHUDU.com/, HUDU smartphone app, and any other affiliated platform that may be introduced from time to time.
“HUDU Service” means the service of providing the HUDU Platform.
“Badge” means an HUDU Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their HUDU Platform account, other than a Saturday, Sunday or public holiday.
“Business Partner Contract” means a contract between a Business Partner and a HUDU’r to perform Business Services.
“Business Partner” means the business or individual that enters into an agreement with HUDU to acquire Business Services.
“Business Services” means Services provided by a HUDU’r to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).
“Cancellation Admin Fee” means the Fee payable by a Lister or a HUDU’r for canceling a Project Contract and will not exceed 22% of the Agreed Price.
“Consequential Loss” means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
opportunity or goodwill;
profits, anticipated savings or business;
value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Customer” means a User that uses the HUDU Platform to search for particular Services.
“Fees” means all fees payable to HUDU by Users including the Service Fee.
“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, HUDU Badges and Verification Icons.
“Marketing Material” means any updates, news and special offers in relation to HUDU or its Third Party Services.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your Country Specific Terms.
“Occurrence” means each individual occurrence of services to be performed by a HUDU’r that form part of Recurring Services.
“Bid” means a Bid made by a HUDU’r in response to a Posted Project to perform the Services.
“Payment Account” means the account operated by the Payment Provider.
“Payment Provider” means an entity appointed by HUDU that manages and operates the Payment Account including accepting payments from and making payments to Users.
“Personal Information” has the same meaning as described in Your Country Specific Terms.
“Policies” means the policies posted by HUDU on the HUDU Platform, including but not limited to the Community Guidelines.
“Lister” means a User that uses the HUDU Platform to search for particular Services.
“Posted Project” means the Lister’s request for Services published on the Platform, and includes the deadline for completion, price and description of the Services to be provided.
“Lister Service Fee” means the fee payable by the Lister to HUDU as consideration for the HUDU Services (and comprised as part of the Agreed Price) displayed to a Lister prior to entering into each Project Contract.
“Reference” means a feature allowing a User to request other Users to post a reference on the HUDU Platform endorsing that User.
“Service Fee” means the Lister Service Fee and the HUDU’r Service Fee.
“Services” means the services to be rendered as described in the Posted Project, including any variations or amendments agreed before or subsequent to the creation of a Project Contract and for Recurring Services the Services are the services to be performed under each Occurrence.
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as ‘Stored Value’ in this Agreement, for use on the HUDU Platform.
“Project Contract” means the separate contract which is formed between a Lister and a HUDU’r for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Project Contracts.
“HUDU’r” means a User who provides Services to Listers.
“HUDU’r Funds” means the Agreed Price less the Service Fee.
“HUDU’r Listing” means a page published by a HUDU’r, containing details (including prices) of a service they are willing to provide to Listers.
“HUDU’r Service Fee” means the fee payable by the HUDU’r to HUDU as consideration for the HUDU Services (and comprised as part of the Agreed Price) displayed to a HUDU’r prior to entering into each Project Contract.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the HUDU Platform from time to time.
“User” or “You” means the person who has signed up to use the HUDU Platform, whether as the Customer, Lister, HUDU’r, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the HUDU Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the HUDU Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) the applicable currency shall be the currency specified in Your Country Specific Terms;
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) headings are for ease of reference only and do not affect interpretation;
(i) any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.