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Terms and Conditions of Use

Terms and Conditions

The Hobney terms & conditions outline Hobney’s and Your obligations and responsibilities on the Hobney Platform.

User Agreement: www.Hobney.com

Hobney operates an online marketplace allowing Users (customers) to connect through the marketplace with other Users who provide Services (Hobners).

Please read these terms and all Policies including the Privacy Policy carefully before using the Hobney Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the Hobney Glossary.

1. SCOPE OF HOBNEY SERVICES

Basic Principles

  • 1.1 Hobney provides the Hobney Platform to enable customers to publish Posted Tasks.
  • 1.2 Hobners may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
  • 1.3 A Customer may revoke or modify a Posted Task at any time before he/she accepts an Offer. Hobney reserves the right to cancel all Offers on a Posted Task made prior to the modification.
  • 1.4 If a Customer accepts an Offer on the Hobney Platform, a Task Contract is created between the Hobner and the Customer.
  • 1.5 Upon creation of a Task Contract, the Customer must pay the Agreed Price into the Payment Account.
  • 1.6 Upon creation of the Task Contract, Hobney has rendered Hobney Services and the Service Fee is due and payable.
  • 1.7 Once the Task Contract is created, the Hobner and Customer may vary the Task Contract on the Hobney Platform. The Customer and Hobner are encouraged to use Hobney’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
  • 1.8 Once the Services are complete, the Hobner must provide notice of that on the Hobney Platform.
  • 1.9 Once the Services are complete, the Customer must provide notice of that on the Hobney Platform.
  • 1.10 Once the Posted Task has been completed and the Customer confirms the Services are completed, or if Hobney is satisfied the Services have been completed, the Hobner Funds will be released by Hobney from the Payment Account to the Hobner.
  • 1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Hobney Platform.

Search Assist

  • 1.12 Hobney may also provide a Search Assist feature enabling Customers to submit an Offer for Services.
  • 1.13 An Offer submitted by a Customer using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.
  • 1.14 When using Search Assist a Task Contract is created when a Hobner makes an Instant Claim (and in the case of Recurring Services a Task Contract is created for the first Occurrence only). For Recurring Services, the next Task Contract is created upon completion of the previous Occurrence.
  • 1.15 A Customer may revoke or modify its Offer in using Search Assist, including for Recurring Services, at any time before a Hobner makes an Instant Claim. Hobney reserves the right to cancel all Posted Tasks made prior to the revocation or modification.

Hobner Listing

  • 1.16 Hobney may also provide a Hobner Listing feature enabling Hobners to publish Offers for Services.
  • 1.17 Hobney may publish Hobner Listings from time to time in its absolute discretion.
  • 1.18 A Customer may request to book a Hobner Listing by clicking on the Request Booking button and completing the booking request. The Hobner may then make an offer to perform the Task. When using Hobner Listing, a Task Contract is created when the Customer accepts the offer made by the Hobner.
  • 1.19 A Hobner may revoke or modify its Hobner Listing at any time before a Customer accepts a Hobner’s offer.

2. HOBNEY’S ROLE AND OBLIGATIONS

  • 2.1 Hobney provides the Hobney Platform only, enabling Users to publish and make Offers on Posted Tasks or publish Offers for Services or make Instant Claims of Hobner Listings.
  • 2.2 Hobney 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, Hobney may refuse to allow any person to register or create an account with Hobney or cancel or suspend or modify any existing account including if Hobney reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Hobney Platform.
  • 2.5 Registering and creating an account with Hobney is free. There is no charge for a Customer to post tasks, or for other Hobney Users to review content on the Hobney Platform, including Posted Tasks.
  • 2.6 Hobney accepts no liability for any aspect of the Customer and Hobner interaction, including but not limited to the description, performance or delivery of Services.
  • 2.7 Hobney 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 Hobners to perform tasks or supply items, or the honesty or accuracy of any information provided by Customers or the Customers’ ability to pay for the Services requested.
  • 2.8 Except for liability in relation to any Non-excludable Condition, the Hobney 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 Hobney 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 Hobney does not undertake any investigation in relation to any Hobner 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 Hobner or third party service provider to perform any task 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 Hobner to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a Hobner. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Hobney 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 Hobney Platform;
    • (c) ensure that You are aware of any laws that apply to You as a Customer or Hobner, or in relation to using the Hobney Platform.
  • 3.2 You agree that any content (whether provided by Hobney, a User or a third party) on the Hobney Platform may not be used on third party sites or for other business purposes without Hobney’s prior permission.
  • 3.3 You must not use the Hobney Platform for any illegal or immoral purpose.
  • 3.4 You must maintain control of Your Hobney 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 Hobney an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Hobney Platform for the purpose of publishing material on the Hobney Platform and as otherwise may be required to provide the Hobney Service, for the general promotion of the Hobney Service, and as permitted by this Agreement.
  • 3.6 You agree that any information posted on the Hobney Platform must not, in any way whatsoever, be potentially or actually harmful to Hobney or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Hobney.
  • 3.7 Without limiting any provision of this Agreement, any information You supply to Hobney or publish in an Offer or a Posted Task (including as part of an Offer) 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, libellous, threatening or harassing;
    • (f) be obscene or contain any material that, in Hobney’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 Hobney 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 Hobney Platform may from time to time engage location-based or map-based functionality. The Hobney Platform may display the location of Customers and Hobners to persons browsing the Hobney Platform. A User should never disclose personal details such as the Customer’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Hobney Platform.
  • 3.9 If You are a Hobner, You must have the right to provide Services under a Task 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 Hobner Funds) received under a Task Contract.
  • 3.10 You must not, when supplying Services, charge a Customer any fees on top of the Hobner Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Hobney Platform.
  • 3.11 You must not request payments outside of the Hobney Platform from the Customer for the Services except to the extent permitted by clause 3.12 and only if the Hobney Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
  • 3.12 If a Hobner agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Hobner is solely responsible for obtaining any reimbursement from the Customer. Hobney advises Hobners not to agree to incur costs in advance of receiving the payment for these costs, unless the Hobner is confident the Customer will reimburse the costs promptly.
  • 3.13 For the proper operation of the Hobney Platform (including insurance, proper pricing and compliance with Policies), the Hobner must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Task Contract, then that third party must also be a registered User of the Hobney Platform.
  • 3.14 If Hobney determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Hobney Service or cancel or suspend Your account and/or any Task Contracts.

4. FEES

  • 4.1 Upon the creation of a Task Contract, the Hobner and Customer each owes Hobney 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 Task requires a Hobner 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 Hobney are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
  • 4.5 If Hobney introduces a new service on the Hobney Platform, the Fees applying to that service will be payable as from the launch of the service.
  • 4.6 Hobney may set-off any Fees against any Hobner Funds or other amounts held by Hobney on behalf of a User.
  • 4.7 Hobney may restrict a User’s account until all Fees have been paid.

5. PAYMENTS AND REFUNDS

  • 5.1 If the Task Contract is cancelled for any reason (by a Customer, a Hobner or under this Agreement) prior to the commencement of the Task Contract, then if Hobney is reasonably satisfied that the Agreed Price should be returned to the Customer then the Agreed Price will be refunded to the Customer as Stored Value and a Cancellation Admin Fee will be due to Hobney by the User who the cancellation of the Task Contract is attributable to under clause 5.5 or 5.6.
  • 5.2 Hobney may decide in its absolute discretion to refund the Agreed Price back onto the Customer’s credit card instead of Stored Value or waive the Cancellation Admin Fee.
  • 5.3 Any amount returned by Hobney to a Customer on behalf of a Hobner under clause 5.1 will be a debt owed by the Hobner to Hobney and may be offset by Hobney against any other payments owed at any time to the Hobner.
  • 5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Hobney and may also be offset by Hobney against any other payments owed at any time to the User.
  • 5.5 Cancellation of a Task Contract will be attributable to the Hobner where:
    • (a) the Customer and the Hobner mutually agree to cancel the Task Contract; or
    • (b) following reasonable but unsuccessful attempts by a Customer to contact a Hobner to perform the Task Contract, the Task Contract is cancelled by the Customer; or
    • (c) the Hobner cancels the Task Contract; or
    • (d) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Hobner’s actions or breach.
  • 5.6 A Cancellation of a Task Contract will be attributable to a Customer where:
    • (a) the Customer cancels the Task Contract (other than in accordance with clause 5.5(b); or
    • (b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Customer’s actions or breach..
  • 5.7 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
  • 5.8 Hobney may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Customer.
  • 5.9 If, for any reason, the Hobner Funds cannot be transferred or otherwise made to the Hobner or returned to the Customer (as the case may be) or no claim is otherwise made for the Hobner Funds, the Hobner Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Customer 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 Hobner Funds, the Hobner Funds will be credited to the Customer as Stored Value.
  • 5.11 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Customer 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 Hobney 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 Hobney (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 Task 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 Hobney’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, Hobney 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 Hobney 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 Hobney 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 cancelled.
  • 6.4 Hobney is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Hobney.

7. BUSINESS PARTNERS

  • 7.1 Hobney may enter into agreements with Business Partners and may seek to engage Hobners in the provision of Business Services. Hobners who agree to perform Business Services for Business Partners acknowledge and agree that Hobney and the Business Partner may on-sell Services supplied to third parties for an increased fee.
  • 7.2 Business Partners may require Hobners providing Business Services to be approved or hold particular qualifications. Hobney may assist Business Partners to locate suitably qualified Hobners. Hobney makes no warranty that it will promote any or all suitably qualified Hobners to Business Partners.
  • 7.3 Business Partners may require Hobners to enter into a Business Partner Contract before providing Business Services.
  • 7.4 Where a Hobner accepts a Posted Task with a Business Partner:
    • (a) the Hobner must provide Business Services to the Business Partner in accordance with the Task 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 Hobney 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 Hobney 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 Hobney may from time to time include Third Party Services on the Hobney Platform. These Third Party Services are not provided by Hobney.
  • 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 Hobney 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 Hobney makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Hobney Platform, Users may inform Hobney of their Third Party Service experience here.

10. VERIFICATION

  • 10.1 Hobney may use Identity Verification Services.
  • 10.2 You agree that Hobney Identity Verification Services may not be fully accurate as all Hobney 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 Hobney accepts no responsibility for any use that is made of an Hobney Identity Verification Service.
  • 10.4 Hobney Identity Verification Services may be modified at any time.
  • 10.5 The Hobney Platform may also include a User-initiated feedback system to help evaluate Users.

11. INSURANCE

  • 11.1 Hobney may offer its Users an opportunity to obtain insurance for certain Task 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 Hobney website when they are available. Hobney confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
  • 11.2 Hobney does not represent that any insurance it acquires or which is offered via the Hobney Platform is adequate or appropriate for any particular User.
  • 11.3 Each User must make its own enquiries about whether any further insurance is required and Hobners remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Hobney Platform.
  • 11.4 Hobney may also take out other insurance itself and that insurance may at Hobney’s option extend some types of cover to Users. Hobney 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 Hobney website and the policy details can be requested via Hobney. Users are responsible for familiarising themselves with these details.
  • 11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Hobner, and the insurance taken out by Hobney (if any) responds to that claim then this clause applies. If a claim is made against a Hobner, Hobney may (provided that the Hobner consents) elect to make a claim under any applicable policy and if the claim is successful, Hobney reserves its right to recover any excess or deductible payable in respect of the claim from the Hobner. Where Hobney makes a claim and the insurer assesses that the Hobner is responsible, Hobney is entitled to rely on that assessment. If You do not pay any excess due under this clause, Hobney 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.
  • 11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Hobner, and the insurance taken out by Hobney (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Hobney may elect to reject or pay an amount to settle a claim not covered by Hobney’s own insurance policies. To the extent that the Hobner was or would be liable for the amount of the claim, if Hobney elects to pay an amount to settle the claim the amount paid by Hobney may be recovered by Hobney from the Hobner. Hobney may also elect to set this amount off against future moneys it may owe to the Hobner.

12. FEEDBACK

  • 12.1 You can complain about any comment made on the Hobney Platform using the ‘Report’ function of the Hobney Platform or contact Hobney via the Hobney Platform.
  • 12.2 Hobney is entitled to suspend or terminate Your account at any time if Hobney, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Hobney Users.

13. LIMITATION OF LIABILITY

  • Please note that liability of Hobney is limited to the extent of task fee i.e., the fee paid the customer to a hobner including service fee paid to hobney.
  • (1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOBNEY PLATFORM IS PROVIDED “AS IS,” AND HOBNEY AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “HOBNEY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE HOBNEY PARTIES DO NOT WARRANT THAT THE HOBNEY PLATFORM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THE HOBNEY 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 HOBNEY 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 CUSTOMERS AND HOBNERS OR (B) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE HOBNEY PLATFORM.
  • (3) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HOBNEY 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 HOBNEY SERVICES, (B) ANY TRANSACTION BETWEEN CUSTOMERS AND HOBNERS, OR (C) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE HOBNEY PLATFORM,790 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 HOBNEY PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
  • (4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOBNEY PARTIES’ LIABILITY TO ANY USER OF THE HOBNEY SERVICE IS LIMITED TO THE TOTAL AMOUNT OF PAYMENT MADE BY THAT USER TO HOBNEY DURING THE TWELVE MONTH PERIOD PRIOR TO ANY INCIDENT CAUSING LIABILITY OF HOBNEY, 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.

14. PRIVACY

  • 14.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
  • 14.2 Hobney will endeavour to permit you to transact anonymously on the Hobney Platform. However in order to ensure Hobney can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Hobney reserves the right to ask Users to verify themselves in order to remain a User.

15. MODIFICATIONS TO THE AGREEMENT

  • 15.1 Hobney may modify this Agreement or the Policies (and update the Hobney pages on which they are displayed) from time to time. Hobney will send notification of such modifications to Your Hobney account or advise You the next time You login.
  • 15.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Hobney Platform in any manner, including engaging in any acts in connection with a Task 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.
  • 15.3 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 Hobney who will terminate Your Hobney account, and stop using the Hobney Service.

16. 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 Hobney, its related entities or affiliates in any way whatsoever. Hobney confirms that all Third Party Services that may be promoted on the Hobney Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Hobney 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.

17. NOTICES

  • 17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Hobney’s contact address as displayed on the Hobney Platform, or to Hobney 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 Hobney Platform account.
  • 17.2 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.

18. MEDIATION AND DISPUTE RESOLUTION

  • 18.1 Hobney encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Hobney may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
  • 18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
  • 18.3 Hobney may elect to assist Users resolve disputes. Any User may refer a dispute to Hobney. You must co-operate with any investigation undertaken by Hobney. Hobney 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 Hobney’s determination in an applicable court or tribunal.
  • 18.4 Hobney 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.
  • 18.5 Hobney 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.
  • 18.6 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.
  • 18.7 If You have a complaint about the Hobney Service please contact us .
  • 18.8 If Hobney 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 Hobney for any costs, losses or liabilities incurred by Hobney in relation to any claims relating to any other use of information not permitted by this Agreement.

19. TERMINATION

  • 19.1 Either You or Hobney may terminate your account and this Agreement at any time for any reason.
  • 19.2 Termination of this Agreement does not affect any Task Contract that has been formed between Hobney Users.
  • 19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
  • 19.4 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.
  • 19.5 If Your account or this Agreement are terminated for any reason then You may not without Hobney’s consent (in its absolute discretion) create any further accounts with Hobney and we may terminate any other accounts You operate.

20. GENERAL

  • 20.1 This Agreement is governed by the laws specified in the USA.
  • 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 Hobney 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 Hobney with respect to its subject matter.

APPENDIX A:

MODEL TASK CONTRACT

The terms used in this Task Contract have the meaning set out in the Hobney Glossary. A Task Contract is created in accordance with the Hobney Agreement. Unless otherwise agreed, the Customer and the Hobner enter into a Task Contract on the following terms:

  • 1 COMMENCEMENT DATE AND TERM
    • 1.1 The Task Contract is created when the Customer accepts the Hobner’s Offer on a Posted Task to provide Services. When using Search Assist, the Task Contract is created when the Hobner makes an Instant Claim.
    • 1.2 The Task Contract will continue until terminated in accordance with clause 7.
  • 2 SERVICES
    • 2.1 The Hobner will perform Services in a proper and workmanlike manner.
    • 2.2 The Hobner 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 Task Contract.
    • 2.4 The parties acknowledge that the Task Contract is one of personal service where the Customer selected the Hobner to perform the Services. Therefore the Hobner must not subcontract any part of the Services to any third party without the Customer’s consent.
    • 2.5 The Hobner remains responsible and liable at all times to the Customer for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Hobner.
  • 3 WARRANTIES
    • 3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
    • 3.2 The Hobner 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 Task Contract, the Customer must pay the Agreed Price into the Payment Account.
    • 4.2 Upon the Services being completed, the Hobner will provide notice on the Hobney Platform.
    • 4.3 The Customer will be prompted to confirm the Services are complete. If the Hobner has completed the Services in accordance with clause 2, the Customer must use the Hobney Platform to release the Hobner Funds from the Payment Account. For Recurring Services the Hobner Funds for an Occurrence will automatically be released by Hobney from the Payment Account to the Hobner unless paused by the Customer in accordance with the User’s Hobney Agreement.
    • 4.4 If the parties agree to cancel the Task Contract, or the Customer is unable to contact the Hobner to perform the Task Contract, the Hobner Funds will be dealt with in accordance with the User’s Hobney 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 Task 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 DISPUTES
    • 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 Hobney and act in accordance with clause 18 of the Hobney Agreement.
  • 7 TERMINATION OF CONTRACT

The Task 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 Hobney Platform, at the election of the other party;
  • (c) otherwise agreed by the parties or the Third Party Dispute Service; or
  • (d) notified by Hobney in accordance with the party’s Hobney Agreement.
  • 8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

  • 9 GOVERNING LAW

The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the Hobney Platform.

Hobney Glossary

“Agreement” means the most updated version of the agreement between Hobney and a User.

“Agreed Price” means agreed price for Services (including any variation) paid into the Payment Account made by the Customer but does not include any costs incurred by the Hobner when completing Services which the Customer agrees to reimburse.

“Hobney”, “we” “us” or “our” means the legal entity Hobney LLC.

“Hobney Platform” means the Hobney website at https://www.Hobney.com/, Hobney smartphone app, and any other affiliated platform that may be introduced from time to time.

“Hobney Service” means the service of providing the Hobney Platform.

“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their Hobney Platform account, other than a Saturday, Sunday or public holiday.

“Business Partner Contract” means a contract between a Business Partner and a Hobner to perform Business Services.

“Business Partner” means the business or individual that enters into an agreement with Hobney to acquire Business Services.

“Business Services” means Services provided by a Hobner 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 Customer or a Hobner for cancelling a Task 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:
    • a. opportunity or goodwill;
    • b. profits, anticipated savings or business;
    • c. data; or
    • d. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

“Customer” means a User that uses the Hobney Platform to search for particular Services.

“Fees” means all fees payable to Hobney 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, Hobney Badges and Verification Icons.

“Instant Claim” means the acceptance of an Offer by a Hobner via the Search Assist function.

“Marketing Material” means any updates, news and special offers in relation to Hobney 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.

“Occurrence” means each individual occurrence of services to be performed by a Hobner that form part of Recurring Services.

“Offer” means an offer made by a Hobner in response to a Posted Task to perform the Services, or an offer made by a Customer for the performance of Services by a Hobner when using Search Assist.

“Payment Account” means the account operated by the Payment Provider.

“Payment Provider” means an entity appointed by Hobney that manages and operates the Payment Account including accepting payments from and making payments to Users.

“Policies” means the policies posted by Hobney on the Hobney Platform, including but not limited to the Community Guidelines.

“Customer” means a User that uses the Hobney Platform to search for particular Services.

“Posted Task” means the Customer’s request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided.

“Customer Service Fee” means the fee payable by the Customer to Hobney as consideration for the Hobney Services (and comprised as part of the Agreed Price) displayed to a Customer prior to entering into each Task Contract

“Recurring Services” means the same services procured by a Customer using the Search Assist feature from the same Hobner on a recurring basis, for example weekly, fortnightly or monthly.

“Reference” means a feature allowing a User to request other Users to post a reference on the Hobney Platform endorsing that User.

“Search Assist” means a feature of the Hobney Platform whereby a Customer can submit specific details of a Posted Task with Hobney’s assistance to calculate the Agreed Price and find potential Hobners to perform the Services. This may also be referred to on the Hobney Platform as “Instant Booking”.

“Service Fee” means the Customer Service Fee and the Hobner Service Fee.

“Services” means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task 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 Hobney Platform.

“Task Contract” means the separate contract which is formed between a Customer and a Hobner 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 Task Contracts.

“Hobner” means a User who provides Services to Customers.

“Hobner Funds” means the Agreed Price less the Service Fee.

“Hobner Listing” means a page published by a Hobner, containing details (including prices) of a service they are willing to provide to Customers.

“Hobner Service Fee” means the fee payable by the Hobner to Hobney as consideration for the Hobney Services (and comprised as part of the Agreed Price) displayed to a Hobner prior to entering into each Task 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 Hobney Platform from time to time.

“User” or “You” means the person who has signed up to use the Hobney Platform, whether as the Customer, Customer, Hobner, or otherwise.

“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the Hobney Platform to confirm details such as a User’s qualification, license, certificate or other skill.

Rules of Interpretation:

In the Hobney 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 USD (United States Dollar);
  • (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 favour 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.

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