HIRELY (UEN: 53432138X)
CUSTOMER TERMS & CONDITIONS
Last Updated: 13 December 2021
1. General Terms
(a) These terms and conditions (“Terms and Conditions” or “Agreement”) constitute a legally binding contract between Hirely ("Hirely", "us", "we" or "our") and the end-users (“Customers”, “you”, “your”) who access and/or use the platform owned and/or maintained by Hirely which includes but is not limited to the mobile programme application(s) owned by Hirely (“Hirely Platform”) in order to engage the services provided by a Vendor as publicised via the Hirely Platform (“Vendor Services”). For the purposes of these Terms and Conditions, “Vendor” shall refer to the party that provides the respective Vendor Services as listed on the Hirely Platform.
(b) By using our Hirely Platform, registering an account, or accessing and placing a Booking via the Hirely Platform, you hereby consent to our Terms and Conditions, you confirm that you are in agreement with and bound by the terms of service contained in the Terms and Conditions outlined below, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms and Conditions, please do not use the Hirely Platform.
2. Consent to Terms and Conditions
(b) If you do not have full legal authority to bind your entity to the Terms and Conditions, please ensure that an authorised person from your entity consents to and accepts the Terms and Conditions, otherwise you are prohibited from accessing, linking to or using the Hirely Platform. If you violate any of these Terms and Conditions, we shall have the right to cancel your account or block access to your account without notice.
(c) In no event shall Hirely, its affiliates, officers, employees, and agents be liable to you for any damages, losses, expenses, and/or liabilities under any causes of action (whether in contract or tort, including negligence, or otherwise) caused through the access to or use of, or the inability to access or use, the Hirely Platform. To the extent permitted by law, Hirely will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the access to or use of, or the inability to access or use, the Hirely Platform even if Hirely or its authorised representative has been advised of the possibility of such damages.
Hirely grants you a revocable, non-exclusive, non-transferable, limited license to use the Hirely Platform strictly in accordance with the terms of this Agreement.
(a) In registering for an account on our Hirely Platform (“Account”):
(i) You shall provide truthful, accurate and up-to-date information about yourself.
(ii) You agree not to share your account credentials or give others access to your account on the Hirely Platform. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
(iii) We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these Terms.
(iv) You are responsible for all actions or activities that happens by, through or under your account, unless you promptly report to us of any actual or likely misuse.
(b) Please note that some of the information requested during registration of your Account is mandatory and you shall provide this information in order for the successful creation of an account; other information is optional and you may choose whether to provide it. Creation of an account may be subject to requests for more information, review and/or approval by Hirely in its sole and absolute discretion.
(c) Please note that our Hirely Platform serves only as a platform to connect you with third party Vendors, and we are not in any way, a party to any transactions between you and these Vendors (“Transactions”). We cannot guarantee the authenticity and accuracy of any content, materials, or information available on our Hirely Platform as provided by the Vendors. We shall have no liability to any party in connection with such Transactions, and you hereby acknowledge that you are assuming the risks when using our Hirely Platform to engage the Vendor Services and to facilitate Transactions.
6. Booking of Vendor Services
(a) All bookings for any of the Vendor Services (“Booking”) shall be done via the Platform and using your Account. A Booking refers to the process of: (i) selecting the Vendor Service you wish to purchase via the Hirely Platform, (ii) selecting an available time slot of the desired Vendor Service (“Appointment Time”) and (iii) providing your payment details at the point of check-out. A Customer is allowed to make a Booking no less than two (2) hours prior to the Appointment Time and modify or cancel a Booking no less than eight (8) hours prior to the Appointment Time.
(b) A Booking is not transferable or exchangeable for credit, cash or any other benefit (whether in part or in full).
(c) Where you have made a Booking and engaged a Vendor Service, you shall not engage in any private negotiations or dealings with that Vendor for the engagement of subsequent services from that Vendor. Any engagement (including subsequent engagements and follow-ups) with respect to the Vendor Services shall strictly be via the Hirely Platform. We shall terminate your use and access to the Hirely Platform and/or Account with immediate effect should you breach this term.
(d) Hirely may change or suspend, or discontinue (i) any Vendor Services at any time, and (ii) the availability of any feature, database, or content on the Hirely Platform. For avoidance of doubt, Hirely shall have the right to modify the prices of the Vendor Services listed on the Hirely Platform from time to time without prior notice to you. Any revision to the prices would not affect a prior Booking that has already been made (even if the Vendor Services have not been carried out yet).
(e) All Bookings made by you may not be subject to instant confirmation, unless otherwise stated on the Hirely Platform.
(f) You hereby acknowledge and agree that all payments made by you in connection with the Booking shall be held by a third-party payment platform and no payments are transferred to the Vendor until the Vendor marks the Vendor Service provided to you as “Completed”.
(g) Where you are not present during the Appointment Time, this shall be considered a “no-show” and the Booking shall be deemed to be forfeited immediately, without any refund. Where the Vendor is not present during the Appointment Time, you shall not be charged any fees in connection with your Booking since the Vendor Services were not provided to you. Where the Vendor is not punctual but has still provided the Vendor Services, you may wish to give us feedback on this.
(h) Any unacceptable behaviour by you likely to cause or which has caused damage, nuisance or injury to the Vendor shall allow for us to immediately terminate your access to, the Hirely Platform and/or your Account, or to any features or portions of the Hirely Platform and/or your Account.
(i) Where the Vendor has displayed any unacceptable behaviour likely to cause or which has caused damage, nuisance or injury to you in the course of providing the Vendor Services, please inform us immediately and we will take strict action against the Vendor.
(j) All bookings are subjected to 10% service charge.
7. Modification / Cancellation of Booking
(a) You may modify or cancel your Booking via the Hirely Platform, no less than eight (3) hours prior to the Appointment Time.
(b) Where you wish to modify or cancel your Booking within eight (3) hours prior to the Appointment Time, you may contact our support team at email@example.com. Please note that all such requests are subject to our approval, and we have the sole and absolute right to forfeit the Booking without any refund.
(c) A Vendor is allowed to modify or cancel the Booking no less than firstname.lastname@example.org hours prior to the Appointment Time. In such event, you shall be given the option of either (i) rescheduling the Booking (if applicable), or (ii) allowing us to auto assign another Vendor who is available to provide the same services at the Appointment Time.
(a) By completing a Booking, you agree to receive (after completion of the Vendor Services) confirmation messages in the form of emails and/or notifications via the Hirely Platform, as well as an invitation email(s) or notification(s) for you to submit a review on the Vendor Services which you have engaged via the Hirely Platform. Leaving a review is purely voluntary and optional.
(b) By posting a review, you grant Hirely the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Hirely shall have the right to translate, edit, adjust, refuse, or remove reviews at its sole discretion.
(c) By posting a review, you represent and warrant that all content posted by you is accurate and not misleading and such content does not violate these Terms and Conditions, and any applicable laws and regulations.
(d) All reviews shall be subject to the approval of Hirely before they are publicly posted on the Hirely Platform.
(e) Reviews shall not contain, inter alia, abusive language towards the Vendor(s), references to competitors of Hirely, obscenities, profanity, inappropriate content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses.
9. Refund Policy
(a) Hirely has no liability to you or any other party with respect to any Transactions in connection with the Vendor Services.
(b) If, for any reason, you are not completely satisfied with the Vendor Services you have engaged via the Hirely Platform, please contact our team at email@example.com and we will assist with addressing your concerns (“Complaint”).
(c) Subject to our assessment of your Complaint (based on amongst others, evidentiary proof submitted by you in accordance with our request), you shall be entitled to:
(i) a full or partial refund where the Vendor (a) fails to provide (or deems unnecessary to provide, in the case of repairs and replacement of electronic items for example) any of the Vendor Services as agreed between the Vendor and you, (b) has harassed you whether physically or verbally, (c) has provided unsatisfactory services, or (d) any other circumstance(s) as we may consider allowing you to be entitled to a refund. The value of the refund shall be determined by Hirely having regard to all circumstances surrounding the Complaint and such value shall be final and binding on you.
10. Modifications to Hirely Platform
(a) Hirely shall have the right (at its sole discretion) to modify, suspend or discontinue, temporarily or permanently, the Hirely Platform or any service to which it connects, with or without notice and without liability to you.
(b) You should visit this page periodically to review the current Terms and Conditions to which you are bound. If we change or modify these Terms and Conditions, we will post the changes to or modifications of these Terms and Conditions on this page and will indicate at the top of this page the date on which these Terms and Conditions were last revised.
(c) Your continued use of the Hirely Platform after any such changes or modifications constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by the revised Terms and Conditions, do not use or access or continue to use or access the Hirely Platform. It is your responsibility to regularly check the Hirely Platform to ascertain if there are any changes to these Terms and Conditions and to review such changes.
11. Updates to Our Hirely Platform
(a) Hirely may from time to time provide enhancements or improvements to the features/ functionality of the Hirely Platform, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
(b) Updates may modify or delete certain features and/or functionalities of the Hirely Platform.
(c) Hirely has no obligation to provide any Updates, or continue to provide or enable any particular features and/or functionalities of the Hirely Platform to you.
(d) All Updates will be deemed to constitute an integral part of the Hirely Platform, and shall remain subject to these Terms and Conditions.
12. Third-Party Links
(b) The presence of these Third-Party Links on our Hirely Platform does not indicate any approval or endorsement by us of any linked website or any material contained within such website, and we disclaim any such approval or endorsement.
(c) You further acknowledge and agree that Hirely has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Links. You acknowledge and agree that Hirely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Links, websites or services.
You agree to indemnify and hold Hirely and its affiliates, officers, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Hirely Platform; (b) violation of these Terms and Conditions or any law or regulation; or (c) violation of any right of a third party.
14. No Warranties
(a) The Hirely Platform is provided “as is” without warranties or representations of any kind, either express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses. Hirely periodically adds, changes, improves or updates the the content made available on the Hirely Platform (“Platform Content”) without notice. Hirely hereby disclaims all liability for any errors or omissions in the Platform Content. You are solely responsible for, and assume all risks associated with, your access, link to and use of this Platform and the Platform Content. Hirely assumes no responsibility for the timeliness, deletion, improper delivery, or failure to store any user communications or personalisation setting.
(b) Hirely does not warrant or make any representations regarding the access and/or use of, or the results of the use of, the Hirely Platform, or any of the Platform Content in terms of their correctness, accuracy, completeness, reliability, or otherwise.
(c) Hirely does not warrant or make any representations that the Hirely Platform or any of the Platform Content will meet your requirements, that the functionality of the Hirely Platform will be uninterrupted or error free, that defects will be corrected or that the Hirely Platform or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
15. Limitation of Liability
(a) You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the use of our Hirely Platform and/or Vendor Services is to request for termination of your Account and/or discontinue any use of our Hirely Platform and/or the Vendor Services.
(b) In no event shall Hirely, its affiliates, officers, employees and agents be liable to you for any damages, losses, expenses, and/or liabilities under any causes of action (whether in contract or tort, including negligence, or otherwise) caused through the access to or use of, or the inability to access or use, the Hirely Platform and the Vendor Services. To the extent permitted by law, Hirely will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the access to or use of, or the inability to access or use, the Hirely Platform and Vendor Services even if Hirely or its authorised representative has been advised of the possibility of such damages.
(c) In the event that Hirely is liable for damages despite the foregoing provision, you agree that Hirely’s aggregate liability to you for any and all causes of action in relation to the Hirely Platform, the Platform Content and these Terms and Conditions, shall not exceed the total amount of fees and charges paid by you in connection with the access and use of the Hirely Platform, from which such liability arose.
(d) The exclusions and/or limitations of liability under these Terms and Conditions shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law.
16. Intellectual Property
(a) The Hirely Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hirely, its licensors or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(b) The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Hirely, unless and except as is expressly provided in these Terms and Conditions.
(c) Any unauthorised use of the material is prohibited.
(d) You hereby acknowledge that these rights are valid and enforceable. All rights under applicable laws are hereby reserved.
17. Acceptable Use
As part of these Terms and Conditions, you agree not to misuse the Hirely Platform or help anyone else to do so. You agree not to do any of the following in connection with the Hirely Platform, including but not limited to:
(a) using our Hirely Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on our Hirely Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas of the Hirely Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Hirely Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Hirely Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Hirely Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Hirely Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(k) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(l) abuse referrals or promotions;
(m) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(n) violate applicable laws or regulations in any way; or
(o) violate the privacy or infringe the rights of others.
18. Submissions and Privacy
(a) We value and welcome feedback on our Hirely Platform.
(b) In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions (“Submissions”), you expressly agree that:
(i) Hirely is free to use, disclose, adopt and/or modify any such Submissions provided by you to use in connection with our Hirely Platform;
(ii) such Submissions shall automatically be treated as non-confidential and non-proprietary and will become the sole property of Hirely without any compensation or credit to you whatsoever; and
(iii) Hirely and its affiliates shall have no obligations with respect to such Submissions and may use the ideas contained in such Submissions for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
(c) You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
(a) Hirely may, from time to time, include contests, promotions, or other activities ("Promotions") that require you to submit material or information concerning yourself.
(b) Should you participate in any Promotion, you agree to abide by and to comply with all applicable rules governing that specific Promotion.
No failure to exercise, or delay in exercising, any right pursuant to these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
21. Rights of Third Parties
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of these Terms and Conditions.
If any of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and Conditions and the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
23. Whole Agreement
24. Term and Termination
(b) You may unilaterally terminate your use of the Hirely Platform by deleting the Hirely application installed on your electronic device.
(c) Hirely shall have the right to deny access to, and to suspend or terminate your access to, the Hirely Platform and/or your Account, or to any features or portions of the Hirely Platform and/or your Account, at any time and for any reason or for no reason and without prior notice or liability to you. In any case, Hirely shall have the right to terminate your access to the Hirely Platform and/or your Account with immediate effect in the event that you fail to comply with any provision of these Terms and Conditions.
(d) Hirely shall have the right to deny access to, and to suspend or terminate your access to, the Hirely Platform and/or your Account in circumstances including but not limited to the following:
(i) where you have breached any of the Terms and Conditions set out herein;
(ii) where you have engaged in any form of misconduct with Vendor(s) including but not limited to physical and/or verbal abuse;
(iii) where you have published on our Hirely Platform, unreasonable or unacceptable comments about our competitors; or
(iv) where you have misused the Hirely Platform for any other reason to the detriment of Hirely (whether directly or indirectly).
(e) You acknowledge and agree that where Hirely disables access to your Account, you may be prevented from accessing your account details, any files and/or other materials which is contained in your Account.
(f) Upon termination, you shall cease all use of the Hirely Platform and/or Account. Termination of this Agreement will not limit any of Hirely’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
(g) Where termination occurs, such termination shall be without prejudice to any rights and obligations of either party which has accrued prior to such termination and any obligations which expressly or by implication is intended to come into or continue in force on or after such termination.
25. Dispute Resolution
(a) In the event of any dispute, claim, question or disagreement arising out of or relating to these Terms and Conditions or its subject matter (“Dispute”), such Dispute shall first be referred to our support team. You may contact us at firstname.lastname@example.org
(b) Where such Dispute is not resolved by agreement within thirty (30) calendar days, you and Hirely may proceed to mediation.
(c) No party shall commence legal proceedings unless all reasonable efforts have been made to resolve the Dispute through mediation in accordance with the mediation rules of the Singapore Mediation Centre. A party who receives a notice for mediation from the other party shall consent and participate in the mediation process. Failure to comply with this clause shall be deemed to be a breach of these Terms and Conditions.
26. Rights of Third Parties
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of these Terms and Conditions.
27. Governing Law
These Terms and Conditions and all matters relating to your access to, or use of, the Hirely Platform, shall be governed by and construed in accordance with the laws of the Republic of Singapore.
28. Contact Us
Contact us via email at email@example.com if you have any questions.