The Hood service enables people who are looking to
settle into a new neighbourhood (or who just want to better enjoy their
current neighbourhood) to connect with listed service providers
help them with their identified service needs. As a Hood user,
of the Hood service and access to the Hood
subject to these
Hood User Terms
2. NEIGHBOUR HOOD SERVICES AND OTHER DEFINED TERMS
2.1 In these terms, services you acquire from a listed
using the Hood service are called neighbourHood service
. Other words
which appear in bold have the meanings given to them in section 16
3. THE HOOD SERVICE
3.1 The Hood service is powered by our online
platform; a combination of Hood chatbot technology and our
search algorithms. As a Hood user, you can use the Hood chatbot
identify your particular service needs. Our proprietary algorithms will
then search leading search engines and our own Hood user rating database
to identify (“nominate”) the five best customer-rated service
listed on the Hood service to meet your identified service
will receive a priced proposal for your service needs for each
service provider, based on their listed pricing. You can
your preferred service provider, chat with them about your
and, once you’re comfortable, finalise the priced proposal to form your
3.2 The Hood service also incorporates a payment
processing service for the receipt and payment of the agreed
neighbour service fees payable under your services
agreement, as more fully described in
as more fully described in section 4 (payment processing service).
4 PAYMENT PROCESSING SERVICE
4.1 The payment processing service enables you to pay
agreed neighbour service fees in advance and for those fees
to be held in escrow by our payment processing service provider
payment to your selected service provider on completion of the
service. It also provides a binding mechanism for the
resolution of any
disputes with your selected service provider about your
neighbourhood services, your services agreement or
the neighbour service fees (‘transaction disputes’).
Your use of the payment processing service may
be subject to an end-user agreement under which our payment
service provider operates the service. You must comply with
such end user agreement, including any terms relating to the
5. CHARGES FOR USE OF THE HOOD SERVICE
5.1 We won’t charge you for your access to the Hood platform or
of the Hood service. You will pay your selected service
agreed neighbourhood service fees for your neighbourhood services
agreed in your service agreement using the payment processing
5.2 We will usually charge listed service providers standard
charges for their particular neighbourhood service category
this is a fixed percentage of the neighbourhood service
fees they have agreed with the Hood user). In return,
we give listed
service providers access to our hosted Hood platform so that they
list their service offering and pricing, use the Hood service to
with and supply neighbourhood services to Hood users and
neighbourhood service fees via the payment processing
5.3 The Hood service will nominate listed service
providers for your
identified service needs based solely on favourable customer reviews
sourced from leading search engines and our Hood user rating database.
We don’t allow service providers to buy nominations by
paying us a
premium listing fee or any other amount.
6. RESPONSIBILITY FOR NEIGHBOURHOOD SERVICES
6.1 The Hood service helps you connect with the best
customer reviewed service providers for your service needs but we
select your service provider or provide you with neighbourhood
We’re not responsible for the neighbourhood services your
service provider commits to deliver or for the associated
your service provider, their subcontractors or their respective
personnel. Responsibility for those things needs to be covered to
satisfaction in your services agreement.
6.2 You will need to:
(a) make your own judgment about the suitability of your selected
(b) make sure you are comfortable with the finalised services
(c) consider whether you should have insurance in place to cover
potential losses you might suffer in connection with your
7. YOUR OBLIGATIONS
7.1 As a Hood user you:
(a) must comply fully and promptly with your obligations under any
services agreement and any end-user agreement governing
operation of the payment processing service;
(b) must deal with service providers in a courteous and
manner and comply at all times with any Hood Code of
(c) consent to having your details included in our Rate Your Hood
User Survey; and
(d) expressly consent to us contacting you by whatever means,
including by telephone and despite your details being on the Do
Not Call Register for a period of 1 year after you agree to
these Hood User Terms.
8.1 To help connect you with the best customer reviewed
for your service needs we need to collect a limited amount of personal
information about you and the services you are looking for. We take your
privacy seriously and how we collect and protect personal information is
9. INTELLECTUAL PROPERTY
9.1 In these terms, 'Intellectual Property Rights' means
all intellectual property rights, including the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade
and service marks (including goodwill in those marks), domain
names and trade names and any right to have confidential
information kept confidential;
(b) any application or right to apply for registration of any of the
rights referred to in paragraph (i); and
(c) all rights of a similar nature to any of the rights in
paragraphs (i) and (ii) that may subsist anywhere in the world
whether or not such rights are registered or capable of being
(a) As between you and us, all rights, title and interest (including
Intellectual Property Rights) in the Hood Platform are
us (and our third party licensors).
(b) All rights, title and interest (including Intellectual Property
Rights) in each product is owned by the applicable Supplier
(and/or their third party licensors).
While we use reasonable endeavours to ensure the Hood
any transactions conducted through the Service are secure, you
acknowledge that the security of information and payments
transmitted through the internet can never be entirely secure or
error free. We are not liable for any loss or damage suffered by
you or anyone else due to a failure, delay, interception or
manipulation of an electronic communication caused by a third
10 LINKS TO THIRD-PARTY WEBSITES
10.1 The Hood Platform may contain links to third
websites which are not under our control. These links are in the Hood
Platform for your convenience.
10.2 We make no representations or warranties as to the
accuracy or any other aspect of the information on any linked third
party website and the inclusion of any link does not imply endorsement,
recommendation or support by us of that website or its contents. You
acknowledge and agree that any access and use of linked third party
websites is at your own risk.
10.3 We are not responsible for:
(a) the contents of any linked third party website or any link
contained on a linked third party website, or any changes or
updates to such sites; and
(b) any losses suffered by you in connection with accessing or using
any linked third party websites.
10.4 These terms do not extend to the use of linked third party sites.
We recommend that you review the terms and conditions of a linked third
party websites before using that website.
11. LIABILITY AND INDEMNITY
Subject to paragraph 11.2 we make no representations, warranties or
guarantees in relation to the availability, continuity,
reliability, accuracy, currency or security of the Hood
or the Hood Services, and we are not liable to you if the
Service is unavailable for any reason.
11.2 Non-excludable Obligations
(a) To the extent that you acquire goods or services from us as a
'consumer' (as that term is defined in section 3 of the
Competition and Consumer Act 2010 (Cth)), you may have certain
rights and remedies (including, without limitation, consumer
guarantee rights) that cannot be excluded, restricted or
modified by agreement.
(b) Nothing in this clause 11 operates to exclude, restrict or
modify the application of any implied condition or warranty,
provision, the exercise of any right or remedy, or the
imposition of any liability, implied or conferred under the
Australian Consumer Law (as set out in Schedule 2 to the
Competition and Consumer Act 2010 (Cth)) or any other statute,
the exclusion, restriction or modification of which would:
(i) contravene that statute; or
(ii) cause any term of these terms to be void,
11.3 Exclusions and limitations
Except in relation to Non-excludable Obligations:
(a) all conditions, warranties, guarantees, rights, remedies,
liabilities or other terms implied or conferred by statute,
custom or the general law that impose any liability or
obligation on us are expressly excluded under these terms;
(b) our liability to you arising directly or indirectly under or in
connection with these terms or the performance or
non-performance of these terms and whether arising under any
indemnity, statute, in tort (for negligence or otherwise), or on
any other basis in law or equity is limited as follows:
(i) we will have no liability whatsoever to you for
any loss of profits, loss of revenue, loss of
goodwill, loss of customers, loss of or damage
to reputation, loss of capital, downtime costs,
loss under or in relation to any other contract,
loss of data, loss of use of data or any other
economic, special, indirect or consequential
loss, harm, damage, cost or expense (including
legal fees) or any loss or damage suffered
directly or indirectly in connection with your
use of the Hood service, neighbourhood
you acquire using the Hood service or any
conduct on the part of service providers, their
subcontractors or their respective personnel
incurred by you or anyone else under or in
connection with the Hood Platform or the
provision of the Hood Services; and
(ii) our total aggregate liability to you is
otherwise limited to an amount not exceeding the
total amounts paid by you for the Hood Service.
You indemnify us against any loss or damage we
suffer (including any claim made by a third
party) arising from or in connection with your
breach of these terms or the terms and policies
it incorporates by reference, or your violation
of any law or the rights of any third party.
(a) You release us from any claim relating to your use
of the Hood service, any neighbourhood services
acquire using the Hood service or any conduct on the
part of service providers or their personnel.
(b) You indemnify us against any loss, liability or
expense (including legal fees) we suffer or
incur in connection with any claim relating to
your use of the Hood service, any neighbourhood
services you acquire using the Hood service
any conduct on the part of service providers,
their subcontractors or their respective
12. CHANGING THESE TERMS
12.1 These Hood User Terms are subject to change
from time to time.
We will notify you of any such change by giving you written
notice of the change. Except where we consider that it is
necessary to introduce a change more quickly (eg to ensure
compliance with the law or to deal with a risk to the security
of the Hood service) we will give you at least 30 days’ notice
of any change. Continued use of the Hood Service after the
effective date of a change will signify your acceptance of any
13. SUSPENSION AND TERMINATION
13.1 We may suspend your subscription and your access to
the Hood platform and your use of the Hood service and
temporarily remove your service
needs entries if you fail to comply with these Hood User Terms. We may
terminate your subscription and your access to the Hood platform and
your use of the Hood service and permanently remove your service needs
entries if we consider that the non-compliance cannot be remedied or if
you fail to remedy the non-compliance within the period we specify in
our notice to you identifying the non-compliance or if you are
repeatedly non-compliant with these terms.
14 ENTIRE AGREEMENT
14.1 These terms comprise the entire agreement between you
and us about its
15 JURISDICTION AND GOVERNING LAW
15.1 We are Australia based and these terms are governed by
the laws of the
State of Victoria, Australia. The parties submit to the non-exclusive
jurisdiction of the courts of the State of Victoria and the courts of
appeal from them.
16.1 In these terms:
(a) claim includes a complaint, allegation, demand, claim,
regulatory action, suit or proceeding.
(b) conduct includes acts and omissions.
(c) end-user agreement means any end-user agreement under
payment processing service is operated by our payment
(d) Hood Code of Conduct means any code of conduct notified
from time to time.
(e) Hood platform means the applications (including the Hood
chatbot), equipment, communication links and other technology we
use to provide the Hood service.
(f) Hood service means the service (more fully described in
3 (The Hood service)) we provide using the Hood platform to
enable Hood users and listed service providers to connect so
that they can discuss and agree services agreements. The Hood
service includes the payment processing service.
(g) Hood user is a person who subscribes to access to the
platform and use the Hood service.
(h) law includes the common law, principles of equity,
instruments made under them.
(i) mandatory consumer terms is defined in section 9
(j) neighbourhood services is defined in section 2
services and other defined terms).
(k) neighbourhood service fees are the amounts payable by a
user for neighbourhood services.
(l) nominate is defined in section 3 (The Hood service) and
nomination has a corresponding meaning.
(m) payment processing service is described in section 4
(Payment processing service).
(n) payment processing service provider means the entity
the payment processing service from time to time.
(o) personnel includes individuals retained under contracts of
service and contracts for services.
(p) Rate Your Hood User Survey means any survey of service providers
to rate Hood user compliance and conduct, conducted by us or on
our behalf from time to time.
(q) service provider is a service provider listed on the Hood
(r) services agreement is an agreement between a Hood user and a
service provider for the supply of neighbourhood services formed
using the Hood service.
(s) transaction dispute is defined in section 4 (Payment processing
(t) we means Hood Movetech Pty Ltd ACN 614 442 607.
(u) you means a Hood user using the Hood service.
(a) In these terms:(headings) Headings are included in these terms
for convenience only and do not affect interpretation.
(b) (other grammatical forms) Where a word or phrase is given a
particular meaning other parts of speech or grammatical forms of
that word or phrase have corresponding meanings.
(c) (meaning not limited): The words “include”, “for example” or “such
as” are not to be interpreted as words of limitation.
(d) (singular includes plural) The singular includes plural and vice
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