Terms of Use
Last updated 03.31.2022
These Terms of Use (“
Terms”) contain important information about your legal rights and obligations as a user of our service, available an
http://www.homemate.expert (the “
Service”), using which you may apply for repairs or renovations and find your Contractor.
If you do not agree with these Terms, please do not continue to use the Service.
Our processing of personal data in connection with your access to and use of the Service is described in our Privacy Notice.
If you have any questions or comments about these Terms, please
contact us.
Entire agreement
In brief:This is an agreement between homemate and users of the Service. By using the Service, you agree to comply with these Terms and applicable laws and regulations.
These Terms and any operating rules and policies posted on our website, including Privacy Notice, constitute the entire legally binding agreement and understanding governing your use of the Service between homemate and Homeowners ("you”) - consumers who want to make repairs or renovations and are looking for a contractor for this.
“Contractors” means legal entities rendering repairs or renovations services to Homeowners.
By using the Service, you hereby declare and warrant that you:
- Have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with these Terms in full;
- Are eligible to enter into this agreement and have no restriction to use the Service according to your local jurisdiction;
- Are 18 years of age or older (otherwise, you can use the Service exclusively with involvement of a parent orzguardian);
- Are an owner of a property or have the authority of the owner to carry out repairs or renovations;
- Comply with these Terms and all applicable laws and regulations.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or related to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
homemate services for Homeowners
In brief:The homemate Service is the instrument for Homeowners to find Contractors who provide renovation services. You can request for renovations, and we will find a suitable Contractor that will offer its services.
To place a request for renovations, Homeowners should fill in all necessary information on the Service, including their location, type of repairs or renovations services, and contacts. After submitting the request, we will send you the confirmation email with a summary. The information automatically transfers to respective Contractors and will not be available to change or cancel requests through the Service.
Our managers make every effort to control the process of providing services by Contractors. However, after transferring information, homemate does not participate in this process as a party and does not guarantee the provision of the services by Contractors. Contractors are obliged to communicate with Homeowners, agree on the terms of service, and settle any possible disputes arising from rendering the renovation services.
All Contractors contacting you through our Service are our clients. Please notify us if Contractors propose you deceive us by reporting wrongful information that they have not provided repairs or renovations services.
Intellectual property
In brief:All materials of the Service and intellectual property rights belong to homemate or are included in the Service with the owner’s consent. We grant you a limited license to use the Service and its Content exclusively in the manner provided in these Terms. Any attempt to violate any of the restrictions listed below will lead to the termination of your use of the Service, legal actions and damages. You may also publish your content, so you grant homemate certain rights to it, so that we can display and share the content you post.
homemate Content
The Services are controlled and operated by homemate.
All materials of the Service, including data, text, graphics, charts, information, images, drawings, trademarks, logos, video, sounds, music, software, games, scenarios, characters and other materials (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to homemate or are included in the Services with the consent of the owner.
Subject to your compliance with these Terms, homemate hereby grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to use the Service and its Content on your device(s) in the manner provided for in these Terms.
Under this license you may not:
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Service to protect the services;
- Probe, scan or test the vulnerability, breach the security or authentication measures of the Service or any network connected to the Service;
- Use the Service for illegal purposes;
- Harass, threaten, intimidate, impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with homemate, or otherwise attempt to mislead others;
- Change or delete any homemate ownership notices from materials downloaded or printed from the Service.
Any attempt to do so is considered as a violation of these Terms and the rights of homemate. If you violate any of these restrictions, your use of the Service will be reviewed and terminated, and you may be subject to legal actions and damages.
User Content
You may publish comments and feedback using trademarks, logos, trade names, texts, images, designs, graphics, icons, files or other materials and information (“User Content”). If you contribute User Content through the Service, you are informed that such User Content will be accessible to other users. As between you and homemate, you own your User Content and information that you submit or post.
You hereby grant homemate a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, prepare derivative works of, store, cache and otherwise fully exploit the User Content that you provide through the Service, without any further consent, notice and/or compensation to you or others.
You can end this license anytime by deleting your User Content. However, the license and permissions in respect of your User Content will continue to be in force for the users who have previously downloaded or otherwise used your User Content.
By creating or publishing any User Content you hereby declare and warrant that:
- the creation, distribution, downloading, or copying of such User Content does not and will not infringe the rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your User Content in any manner contemplated these Terms;
- you are solely responsible for all the personal data that may appear in your User Content (such as names, addresses, pictures of any people, their contacts, bank details, etc.)
You are prohibited from using the Service in any way not expressly permitted by these Terms, including but not limited to:
- publish Content containing pornographic Content or sexually explicit material, obscene language that is offensive to the Internet community, such as propaganda of racism, hatred or any physical harm against any group of people or individuals;
- send spam or collect personal information about users, including names, phone numbers, addresses, email, without the prior consent of the user;
- engaging in activity, or submitting Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- harass, threaten, intimidate, impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with homemate, or otherwise attempt to mislead others;
- go beyond the pre-established topic of communication (“offtopic”), regularly publish information that does not carry a semantic charge (flood);
- promote advertisements, contests, sweepstakes and pyramids without our prior written consent;
- use automatic means or manually copy the Content, collect users’ personal data without our prior written consent;
- unreasonably load the Service with large amounts of information and data that interfere with the operation of the Service, the security system and access to it for other users, interfere with the Service operation;
- probe, scan or test the vulnerability, breach the security or authentication measures of the Service or any network connected to the Service.
homemate may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any Content.
Warranties and disclaimers
In brief:The Service is provided to you “as is”. We do not provide any promises regarding the Service or Content. The Service may malfunction, in which case we will take every effort to resume its correct operation.
The Service is provided to you “as is”.
Except as otherwise provided by these Terms homemate disclaims all other warranties regarding the Services, its features and Content, to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
homemate does not guarantee that the Service will be uninterrupted or secure, that any defects will be corrected.
homemate does not provide any promises or guarantees to the Homeowners or Contractors for services rendering and accepting. If Contractors refuse to provide the services for any reason, you have a claim or do not want to accept services results or pay for them, homemate will not participate in such disputes. We also do not guarantee immediate fulfillment of the request, as it depends on the type of repairs and the Contractors who offer such services.
Limitation of liability
In brief:You are responsible for your use of the Services in compliance with these Terms and any applicable laws and regulations. homemate’ liability is limited in accordance with this section, so please read it carefully to understand what to expect.
homemate is not responsible if any information, materials, Content available through the Services are inaccurate or incomplete.
You are solely responsible for the legality of your actions within the Service and your use of the Service in accordance with the laws, regulations and third-party services providers’ terms applicable to you.
Contractors are fully responsible for the actions of their employees, contractors, consultants in the event of damage, crime, or other wrongful acts against Homeowners and their property during the provision of services.
In no event shall homemate, its subsidiaries, directors, partners, employees, contractors or agents be liable for direct or indirect, incidental, special, punitive or consequential damages, related to any use or inability to use the Services, including, without limitation, any damages, caused as a result of use of the information or Content provided through the Services or by mistakes, omissions, interruptions, defects, viruses, even if homemate has been advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments made by you to homemate within one year preceding the claim.
Indemnification
In brief:In case you violate these Terms, misuse the Service, violate any law or third party’s rights, you agree to indemnify and defend homemate.
You agree to defend, indemnify and hold harmless homemate, our subsidiaries, directors, partners, employees, contractors and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Service and/or Content, (iii) a violation by you of applicable law, third-party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject, or (iv) claims and complaints from Contractors regarding their services, wrongful acts of their employees and contractors, intentional and unintentional actions that caused harm.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
Applicable law and jurisdiction
In brief:We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the American Arbitration Association.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of in connection with or relating to the Service or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with homemate team in accordance with the principles of good faith and cooperation.
If the consensus may not be reached by the negotiations, any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be the city of Philadelphia, Pennsylvania. The arbitration shall be governed by the laws of the State of Delaware. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Electronic communications
In brief:We use email to stay in touch with our users. You can receive updates, recommendations and information on your use of the Service. You can unsubscribe from commercial emails at any time by following the instructions in such emails.
By using the Service and providing us with your contact information, you understand and agree that we may send you the electronic communications via email regarding, without limitation, (i) your use of the Service; (ii) updates of the Service and these Terms.
You may unsubscribe from receiving commercial emails from us by following the instructions provided in such communications.
You can read more about the rules of personal data processing in our Privacy Notice.
Third-party websites and services
In brief:Some functions of the Service depend on third-party services which we do not control, therefore we cannot guarantee the uninterrupted operation of all features. Some features of the Service are available in compatibility with third-party websites and services. We cannot guarantee that all features are constantly available and uninterrupted.
You acknowledge that different terms of service and privacy policies may apply to your use of such third-party websites, services, and content. homemate shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with those third-party websites and services.
Other terms
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Service, we’ll notify you prior to the changes’ effective date by sending you an email. If you continue to use the Services, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
Questions and contact information
If you have any questions or comments about these Terms of Use or the Services, please contact us by:
