TERMS AND CONDITIONS
OUR TERMS AND CONDITIONS
Your access to and use of the website, related mobi-sites and software applications
(the “Website”) (as defined below) is subject to the terms and conditions of this
agreement (“Agreement”). Please read these terms carefully before accessing or using
the Website. If you do not agree to the terms and conditions set out in this
Agreement, please do not access or use the Website.
COVID-19
As a platform the User accepts the responsibility for making a decision to hire or not
to hire a Service Provider offering their service via the Platform in line with any and
all lockdown regulations gazetted. The User understands and agrees that The Service
Provider has no employment relationship with The Company.
The Company confirms that all necessary communications under Covid-19 Lockdown regulations have been communicated to both the User and the Service Provider through their use of the Platform. The User and the Service Provider are responsible for ensuring all safety measures are adhered to when engaging via The Platform. The User and the Service Provider both agree that they have no Covid-19 symptoms, nobody in the home is self-isolating, and that social distancing can be maintained. By using the Services, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved, specific to the virus and otherwise contained within these Terms & Conditions. Neither the Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
The Company confirms that all necessary communications under Covid-19 Lockdown regulations have been communicated to both the User and the Service Provider through their use of the Platform. The User and the Service Provider are responsible for ensuring all safety measures are adhered to when engaging via The Platform. The User and the Service Provider both agree that they have no Covid-19 symptoms, nobody in the home is self-isolating, and that social distancing can be maintained. By using the Services, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved, specific to the virus and otherwise contained within these Terms & Conditions. Neither the Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
PERSONAL DATA THAT YOU PROVIDE THROUGH THE SERVICES
This Agreement regulates your use of the Services, accessible at familyhero.co.za or
such other URL as we may determine from time to time (“Website“). This Website is
made available SaniEarth (PTY) LTD. (trading as FamilyHero), registration number
[2020 / 242876 / 07], a South African company with registered office at [4 Almond
Grove, De Wijnlanden Estate, Stellenbosch, 7600] (the “Company“).
This Agreement applies to any person (hereinafter referred to as “users” or “you” or “your“) who, for whatever purpose, accesses and/or uses the “Website”:
1. to access, download, refer to, install or use any associated software supplied by the Company (collectively, the “Software”);
2. to access, use refer to, view and/or download any information made available on or by means of the Website (“Content”);
3. to access any other product made available by means of the Website
4. to use or receive any services supplied to you by the Company;
5. to register to receive our updates and offers and/or other information; and 6. to participate in our promotions.
The activities listed at 1 to 6 above are referred to as the “Services”.
This Agreement applies to any person (hereinafter referred to as “users” or “you” or “your“) who, for whatever purpose, accesses and/or uses the “Website”:
1. to access, download, refer to, install or use any associated software supplied by the Company (collectively, the “Software”);
2. to access, use refer to, view and/or download any information made available on or by means of the Website (“Content”);
3. to access any other product made available by means of the Website
4. to use or receive any services supplied to you by the Company;
5. to register to receive our updates and offers and/or other information; and 6. to participate in our promotions.
The activities listed at 1 to 6 above are referred to as the “Services”.
AMENDMENTS
To the extent allowed by law, the Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. We may at any time change the prices. We will give you notice by email at least one month before any price change takes effect. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about this Agreement, please feel free to contact us by email at support@familyhero.co.za.
REGISTERING AS A USER AND BOOKING A SERVICE
In order to book a service, you will be required to complete an electronic registration form which will include: 1. providing us with all the information we require, which may include (but not be limited to) a full name, valid email address, contact number and residential address; and 2. confirming your acceptance of the Agreement and Privacy Policy, as read with such other terms (if any) which the Company may require you to accept.
REGISTERING AS A SERVICE PROVIDER AND OFFERING YOUR SERVICES ON THE PLATFORM
In order to register and offer your services, you will be required to complete an
electronic application form which will include: 1. Providing us with all the information
we require, which may include (but not be limited to) a full name, an identification
(ID) number, valid email address, contact number and residential address; and 2.
Confirming your acceptance of the Agreement and Privacy Policy, as read with such
other terms (if any) which the Company may require you to accept.
The application process includes a background check via third party background check services. The background check involves verifying the validity of the ID number provided during the application process and if successful arrange for the applicant’s finger prints to be captured in order for a criminal record check to be done.
Only after a successful background check will a Service Provider be able to register themselves for a particular service or services. Depending on the service, there might be mandatory documentation/certification which needs to be uploaded via the Website and approved by Family Hero before a service is activated on your profile. During registration for a service, you will be given the opportunity to provide your individual hourly rate for that particular service.
During this process you will be informed if a fixed hourly rate has been set by Family Hero admin for that particular service. The hourly rate for any particular service can be set and fixed by Family Hero admin at any particular time. When an hourly rate is set and fixed for a service, it will override any individual hourly rates provided during registration or changed/updated on your profile.
The application process includes a background check via third party background check services. The background check involves verifying the validity of the ID number provided during the application process and if successful arrange for the applicant’s finger prints to be captured in order for a criminal record check to be done.
Only after a successful background check will a Service Provider be able to register themselves for a particular service or services. Depending on the service, there might be mandatory documentation/certification which needs to be uploaded via the Website and approved by Family Hero before a service is activated on your profile. During registration for a service, you will be given the opportunity to provide your individual hourly rate for that particular service.
During this process you will be informed if a fixed hourly rate has been set by Family Hero admin for that particular service. The hourly rate for any particular service can be set and fixed by Family Hero admin at any particular time. When an hourly rate is set and fixed for a service, it will override any individual hourly rates provided during registration or changed/updated on your profile.
NATURE OF THE SERVICE
THE COMPANY DOES NOT PROVIDE CHILDCARE, CLEANING, GARDENING AND
GENERAL LABOUR SERVICES, OR ANY OTHER SERVICE AS ADVERTISED ON THE
WEBSITE AND THE COMPANY IS NOT A CHILDCARE, CLEANING, GARDENING AND
GENERAL LABOUR SERVICE PROVIDER. IT IS UP TO AN INDIVIDUAL SERVICE
PROVIDER REGISTERED ON THE WEBSITE TO OFFER SERVICES WHICH MAY BE
SCHEDULED THROUGH USE OF THE WEBSITE OR SOFTWARE. THE COMPANY OFFERS
INFORMATION AND A METHOD TO OBTAIN SERVICES (SUCH AS CHILDCARE,
CLEANING AND GARDENING), BUT DOES NOT AND DOES NOT INTEND TO PROVIDE
SUCH SERVICES OR ACT IN ANY WAY AS THE SERVICE PROVIDER, AND INDIVIDUAL
SERVICE PROVIDER.
BY USING A SERVICE PROVIDER WHO IS OFFERING THEIR SERVICES THROUGH THE WEBSITE OR SOFTWARE, YOU AGREE AND UNDERSTAND THAT SUCH SERVICE PROVIDER IS AN INDEPENDENT CONTRACTOR. THE FACT THAT SUCH SERVICE PROVIDER MARKETS THEIR SERVICE THROUGH THE WEBSITE OR THE SOFTWARE DOES NOT IN ANY WAY CREATE, ESTABLISH OR SET UP ANY AGENCY, PARTNERSHIP OR EMPLOYMENT RELATIONSHIP BETWEEN THE COMPANY AND SUCH SERVICE PROVIDER.
BY USING A SERVICE PROVIDER WHO IS OFFERING THEIR SERVICES THROUGH THE WEBSITE OR SOFTWARE, YOU AGREE AND UNDERSTAND THAT SUCH SERVICE PROVIDER IS AN INDEPENDENT CONTRACTOR. THE FACT THAT SUCH SERVICE PROVIDER MARKETS THEIR SERVICE THROUGH THE WEBSITE OR THE SOFTWARE DOES NOT IN ANY WAY CREATE, ESTABLISH OR SET UP ANY AGENCY, PARTNERSHIP OR EMPLOYMENT RELATIONSHIP BETWEEN THE COMPANY AND SUCH SERVICE PROVIDER.
FAMILYHERO IS A PLATFORM
The Website and Software are a communications platform (“Platform”) for enabling
the connection between individuals seeking to obtain services (such as home
cleaning, outdoor cleaning, childcare, caregiving, heavy lifting, office cleaning, live-in
domestic, but not limited to) and/or individuals seeking to provide services (such as
home cleaning, outdoor cleaning, childcare, caregiving, heavy lifting, office cleaning,
live-in domestic, but not limited to). The Company checks the backgrounds of service
providers via third party background check services; however, the Company does not
guarantee or warrant, and makes no representations regarding, the reliability, quality
or suitability of such service providers. When interacting with service providers you
should exercise caution and common sense to protect your personal safety and
property, just as you would when interacting with other persons whom you don’t
know. By using the Services, you agree to hold the Company free from the
responsibility for any liability or damage that might arise out of the transaction
involved. Neither the company nor its affiliates or licensors is responsible for the
conduct, whether online or offline, of any user of the Services. The Company and its
affiliates and licensors will not be liable for any claim, injury or damage arising in
connection with your use of the Services.
REPRESENTATIONS AND WARRANTIES
By using the Software or Service, you expressly represent and warrant that you are
legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the
use of the Service because of age, or restricts the ability to enter into agreements such
as this one due to age, you must abide by such age limits and you must not use the
Software and Service. Without limiting the foregoing, the Service and Software is not
available to children (persons under the age of 18) or others who are not capable of
entering into binding contracts without a guardian or parents consent obtained during
the registration process. Without limiting the foregoing, by using the Software or
Service, you represent and warrant that when no guardian or parent consent is
provided, you are at least 18 years old and otherwise capable of entering into binding
contracts. By not limiting the foregoing, when providing your information as a
guardian or parent of a minor, you represent and warrant that you are at least 18 years
old and otherwise capable of entering into binding contracts. By using the Software or
the Service, you and if applicable guardian/parent represent and warrant that you have
the right, authority and capacity to enter into this Agreement and to abide by the
terms and conditions of this Agreement. Your participation in using the Service and/or
Software is for your sole, personal use. You may not authorize others to use your user
status, and you may not assign or otherwise transfer your user account to any other
person or entity. When using the Software or Service you agree to comply with all
applicable laws from the country, state and city in which you are present while using
the Software or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software or the Service, you agree that:
1. You will only use the Service or Software for lawful purposes;
2. You will not use the Service for sending or storing any unlawful material or for fraudulent purposes;
3. You will not use the Service or Software to cause nuisance, annoyance or inconvenience;
4. You will not impair the proper operation of the network;
5. You will not try to harm the Service or Software in any way whatsoever;
6. You will not copy, or distribute the Software or other content without written permission from the Company;
7. You will only use the Software and Service for your own use and will not resell it to a third party;
8. You will keep secure and confidential your account password or any identification provided to you which allows access to the Service;
9. You will provide us with whatever proof of identity the Company may reasonably request;
10. You will only use an access point or data account that you are authorized to use;
11. When requesting services by SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number;
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software or the Service, you agree that:
1. You will only use the Service or Software for lawful purposes;
2. You will not use the Service for sending or storing any unlawful material or for fraudulent purposes;
3. You will not use the Service or Software to cause nuisance, annoyance or inconvenience;
4. You will not impair the proper operation of the network;
5. You will not try to harm the Service or Software in any way whatsoever;
6. You will not copy, or distribute the Software or other content without written permission from the Company;
7. You will only use the Software and Service for your own use and will not resell it to a third party;
8. You will keep secure and confidential your account password or any identification provided to you which allows access to the Service;
9. You will provide us with whatever proof of identity the Company may reasonably request;
10. You will only use an access point or data account that you are authorized to use;
11. When requesting services by SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number;
INFORMATION SUBMITTED BY USERS AND PERSONAL INFORMATION
By submitting any information to us under this Agreement and/or by means of the
Website or the Software, you warrant that you are entitled to use that information for
the purpose for which it was submitted, and that we may use it for such purpose. You
also agree that you will ensure that all such information is and is kept accurate and
up-to-date at all times. To the extent allowed by law, it is your responsibility to keep
your user credentials (including any passwords) secure, and the Company is entitled
to rely on any actions taken on your account, for example submissions and/or
changes to information, as having been done, or authorised to be done, by you, and
the Company will not be liable for any loss or damage which you may suffer due to
unauthorised access to your account and you will be responsible if the Company
suffers any loss due to unauthorised access to your account.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws from the country, state and city in which you are present while using the Services.
During the course of your interaction with the Company, whether through the Website or the Software, you may be required to provide us with your personal information. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes and in the manner described in our Privacy Policy.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws from the country, state and city in which you are present while using the Services.
During the course of your interaction with the Company, whether through the Website or the Software, you may be required to provide us with your personal information. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes and in the manner described in our Privacy Policy.
ACCESSING THE WEBSITE AND/OR SOFTWARE
You may only access the Website and/or Software using authorized means. It is your
responsibility to check to ensure you download the correct Software for your device.
To the extent allowed by law, the Company is not liable for your inability to access the Website, Software, Services or Content if you do not have a compatible computer, mobile phone or other similar device (“Access Device”) or if you have downloaded the wrong version of the Software for your Access Device.
You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, (“Technology”) needed to access the Internet and to use the Services. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
In the clauses above, you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of the Company are excluded. You are responsible for ensuring that you have access to an appropriate Access Device and to Technology to enable you to use the Website, Software and/or the Services and for paying all associated costs.
Your use of the Services
By using the Services, you agree that:
1. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
2. You will not use the Services to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the network from which the Website and/or Software operate;
4. You will not try to harm the Website, Services or Software in any way whatsoever;
5. You will not copy, or distribute the Software or other content without written permission from the Company;
6. You will only use the Services for your own use and will not:
(i). frame, modify, distribute, commercialise, exploit and/or alter the Website, Software or the Content;
(ii). incorporate any part of the Content in any other work or publication; and/or
(iii). use the Content or perform any other act which is not considered fair use and/or fair dealing under applicable law;
7. You will keep secure and confidential your account password or any identification provided to you which allows access to the Services;
8. You will provide us with whatever proof of identity the Company may reasonably request;
9. You will only use an access point or data account that you are authorized to use; and
You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You must not intercept any information transmitted to or from us or the Website or Software which is not intended by us to be received by you.
Subject to the further provisions of this Agreement, the Services may only be used by you for lawful purposes and it is expressly recorded that the Company does not grant you any rights to access or use any source code underlying the Website and/or the Software (to the extent applicable).
To the extent allowed by law, the Company is not liable for your inability to access the Website, Software, Services or Content if you do not have a compatible computer, mobile phone or other similar device (“Access Device”) or if you have downloaded the wrong version of the Software for your Access Device.
You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, (“Technology”) needed to access the Internet and to use the Services. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
In the clauses above, you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of the Company are excluded. You are responsible for ensuring that you have access to an appropriate Access Device and to Technology to enable you to use the Website, Software and/or the Services and for paying all associated costs.
Your use of the Services
By using the Services, you agree that:
1. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
2. You will not use the Services to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the network from which the Website and/or Software operate;
4. You will not try to harm the Website, Services or Software in any way whatsoever;
5. You will not copy, or distribute the Software or other content without written permission from the Company;
6. You will only use the Services for your own use and will not:
(i). frame, modify, distribute, commercialise, exploit and/or alter the Website, Software or the Content;
(ii). incorporate any part of the Content in any other work or publication; and/or
(iii). use the Content or perform any other act which is not considered fair use and/or fair dealing under applicable law;
7. You will keep secure and confidential your account password or any identification provided to you which allows access to the Services;
8. You will provide us with whatever proof of identity the Company may reasonably request;
9. You will only use an access point or data account that you are authorized to use; and
You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You must not intercept any information transmitted to or from us or the Website or Software which is not intended by us to be received by you.
Subject to the further provisions of this Agreement, the Services may only be used by you for lawful purposes and it is expressly recorded that the Company does not grant you any rights to access or use any source code underlying the Website and/or the Software (to the extent applicable).
LICENSE GRANT & RESTRICTIONS
The Company hereby grants you a non-exclusive, non-transferable, right to use the
Software and Service, solely for your own personal, non-commercial purposes, subject
to the terms and conditions of this Agreement. All rights not expressly granted to you
are reserved by the Company and its licensors. You shall not (i) license, sublicense, sell,
resell, transfer, assign, distribute or otherwise commercially exploit or make available
to any third party the Service or the Software in any way; (ii) modify or make derivative
works based upon the Service or the Software; (iii) create Internet “links” to the Service
or “frame” or “mirror” any Software on any other server or wireless or Internet-based
device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build
a competitive product or service, (b) build a product using similar ideas, features,
functions or graphics of the Service or Software, or (c) copy any ideas, features,
functions or graphics of the Service or Software, or (vi) launch an automated program
or script, including, but not limited to, web spiders, web crawlers, web robots, web
