HANDY HANDS PRIVATE LIMITED TERMS AND CONDITIONS
Last Updated: 17 February 2025
These Terms and Conditions (hereinafter referred to as the “T&Cs” or the “Terms”) constitute a legally binding agreement between Handy Hands Pvt Ltd (also referred to from hereon as “Platform Enabler”, “we”, “us” or “our”) and the Consumer (of the Platform (defined below) (alternatively referred to as “you” or “your”) governing your use of the platform.
The use of all personal data you submit to the Platform or which we collect about you is governed by the DATA PROTECTION ACT [CHAPTER 11:12] of Zimbabwe and our Privacy Policy and business operations governed by COMPANIES AND OTHER BUSINESS ENTITIES ACT” [CHAPTER 24:31]. These Terms shall be construed in conjunction with the accompanying Privacy Policy applicable to Handy Hands. These Terms, together with the Privacy Policy are referred to collectively, herein as the “Agreement” and they govern your access to and use of the Platform. The Agreement might also include all other supplementary policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you, all of which also apply to your use of the platform and are incorporated into the Agreement by reference as when applicable.
Handy Hands Pvt Ltd is the convenor of a platform that links Service Providers in particular fields and Clients in need of their services. Clients, through the Platform, have the ability to seek the services of Service Providers and contract with those Service Providers for a set of services on offer.
BY ACCEPTING THESE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ADMIT AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE AGREEMENT (INCLUDING, ALL TERMS INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU WILL NOT ACCESS OR USE THE PLATFORM.
DEFINITIONS
(a) Client(s) refers to individuals and/or businesses seeking to obtain services on the Platform from the Service Providers.
(b) Consumer refers to the Service Providers and the Clients.
(c) Data Controller” Or “Controller” refers to:
(i) legal persona who is licensable by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) who determines the purpose and means of processing data.
(ii) Data controller’s representative” or “controller’s representative” refers to a legal persona who performs the functions of the data controller in compliance with obligations set forth.
(d) Data processor refers to a natural person or legal person, who processes data for and on behalf of the controller and under the controller’s instruction, except for the persons who, under the direct employment or similar authority of the controller, are authorised to process the data.
(e) Data subject” refers to an individual who is an identifiable person and the subject of data.
(f) Effective Date means the date on which the Service Provider accepts these Terms and Conditions.
(g) Service Providers are individuals or business owners, providing services
under their own name or business name, seeking to perform jobs for Clients.
(h) Platform Enabler refers to the entity hosting the Platform, i.e. Handy Hands Pvt Ltd
1. THE PLATFORM.
The Platform is a website and WhatsApp chatbot two-sided marketplace which enables connection between Clients and Service Providers;
(i) Service Providers may (a) maintain a client base without any restrictions from Handy Hands Pvt Ltd, as long as they do not breach any legal statutes of Zimbabwe; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Service Agreements.
(ii) Service Providers choose the applicable rates for jobs that they will have been contracted to. Rates are agreed upon between the Client and the Service Provider.
(iii) That a Service Provider has been approved to use the Platform means only that the Service Provider has completed a relevant Service Provider account creation and account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Handy Hands Pvt Ltd of a Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Notwithstanding any feature or service of the Platform that a Client may use to expedite Service Provider selection, the Client is responsible for determining what they want to contract the Service Provider for and selecting or otherwise approving their Service Provider and should undertake their own research prior to contracting with the Service Provider.
(iv) The Platform is not an employment agency service or business, and we are not an employer of any Service Provider.
(v) When Clients engage a Service Provider for any kind of service, they shall enter into a contract solely between the two of them and not with Handy Hands Pvt Ltd. That relationship is outside of Handy Hands Pvt Ltd.’s contracts with both the Service Provider and the Client.
(vi) Service Providers and Clients should note that the Platform uses algorithms to match Clients and Service Providers and not manually by Handy Hands Pvt Ltd. Handy Hands Pvt Ltd does not guarantee jobs to Service Providers.
(vii) Service Providers hereby acknowledge and agree that (a)Handy Hands Pvt Ltd does not (i) perform any jobs that they contract with Clients nor employ individuals to perform the agreed upon jobs (ii) supervise, scope, direct, control or monitor Service Providers’ work (including that Handy Hands Pvt Ltd does not set Service Providers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of Service Providers or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service Providers (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Service Providers with respect to each other.
(viii) The acceptance of T&Cs will not, under any circumstances, create any responsibility or liability for Handy Hands Pvt Ltd, nor any employment or other relationship between Handy Hands Pvt Ltd and the Consumers. Service Providers do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Handy Hands Pvt Ltd.
(ix) Handy Hands Pvt Ltd is neither responsible nor liable for any tax payment that is due to the relevant statutory authorities connection with a Service Provider’s use of the Platform. The Service Provider assumes full and sole responsibility for all required and applicable income tax and social contributions that the Service Provider and all persons engaged by the Service Provider are mandated to pay, in the performance of the Service Provider Services. Each Service Provider assumes all liability for proper classification of such Service Provider’s workers based on applicable legal guidelines.
(x) Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms and Handy Hands Pvt Ltd.’s Service Agreement or Policy documents), Handy Hands Pvt Ltd grants you a limited, non-exclusive, non-transferable and revocable license to:
(a) access and use the Platform on your personal device, solely in furtherance of your use of the Platform, and
(b) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Service Providers are subject to, and agree to comply with, this in their use of the Platform. Service Providers may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Handy Hands Pvt Ltd.’s prior written consent. Any rights not granted by Handy Hands Pvt Ltd are expressly reserved.
(xi) We may transfer our contract to another party and this might include our rights and obligations under these Terms and Conditions. Sufficient notice will be given to the Consumers.
(xii) In your access to and use of the Platform, you, as the Consumer, represent and warrant that you:
(a) will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other Supplementary Terms.
(b) are at least of the legally required age in Zimbabwe and are otherwise capable of entering into binding contracts.
(c) have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement).
(d) will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of other parties and will not record (whether video or audio or otherwise) any interaction by or with any other party without obtaining the prior written consent of Handy Hands Pvt Ltd and/or the relevant Service Provider or Client, as applicable.
(e) will act professionally and responsibly in their interactions with each other, and fulfil the commitments made to each other (including by communicating clearly and promptly and being present and/or available at the time you agree upon regarding your engagements).
(f) will use the number that you have registered with on the Platform.
(g) will comply with all applicable local, national, or international laws in your use of the Platform.
(h) will not use the Platform for the purchase or delivery of any controlled or illegal substances or services.
(xiii) Additional Representations and Warranties.
If you are a Service Provider, you additionally represent and warrant that, in your access to and use of the Platform, you:
(i) are operating as an individual, sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform.
(ii) are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform and maintain an independent client base.
(iii) have the unrestricted right to work in Zimbabwe. This unrestricted right extends to include professions that not legally recognised in Zimbabwe (this includes, but not limited to, prostitution and inappropriate massages.)
(iv) have and will maintain (at your own expense) any licences, permits, and/or registrations required by applicable laws that apply to your performance of contracted jobs (including, as applicable, a business licence, business tax registration, and/or contractor’s license). You will maintain all insurance required to operate your business and perform any job contracted to on the Platform.
(v) will respond to invitations promptly; provide timely, high-quality services for your Clients as agreed at the time of contracting and that you will only offer and provide jobs for which you have the necessary expertise to perform; and perform jobs as agreed upon with your Client in a safe manner.
2. RESPONSIBILITIES
(i) The Client shall:
(a) Ensure that any Personal Data provided to Us for processing is in compliance with applicable data protection laws, including the Data Protection Act [CHAPTER 11:12]
(b) Notify Us immediately of any requests or complaints from Data subjects regarding their Personal Data.
(c) Take all reasonable steps to ensure that any data entered into the Platform is accurate and up-to-date.
(d) Ensure that all reviews are honest and lodged in within seven (7) days of completion of service being completed. Dishonest reviews and inappropriate behaviour will result in termination of the Client’s account.
(e) Not re-register with a different number when their original account has been deactivated or removed from the Platform.
(f) Take good care of their login credentials on the website.
(ii) The Service Provider shall:
(a) Disclose to those who would have contracted them, any potentially RELEVANT criminal convictions (other than minor fixed penalty parking or speeding offenses, unless if these affect the kind of potential jobs that you might contract as you use the Platform).
(b) Take all reasonable steps to ensure that any data entered into the Platform is accurate and up-to-date.
(c) Ensure that all services are provided on time as per agreed timelines with the Client. Reports of bad service and inappropriate behaviour will result in termination of the Service Provider’s account.
(d) Take good care of their login credentials on the website.
(e) Not re-register with a different number with a different number when their original account has been deactivated or removed from the Platform.
3. DATA PROTECTION AND PRIVACY
Data Controller and Data Processor
(a) The Service Provider will be the Data Controller with respect to any Personal Data processed by Handy Hands Pvt Ltd
(b) Handy Hands Pvt Ltd and its supplier will be the Data Processor acting on behalf of the Service Provider in processing Personal Data in accordance with the Data Protection Act [CHAPTER 11:12] and this Agreement.
Data Processing
(c) We will process Personal Data only for the purposes of providing the services, in accordance with the Service Provider’s instructions, and as permitted by law.
(d) We shall not use the Personal Data for any purposes other than those specified in this Agreement or as required by law.
4. DATA RETENTION AND DELETION
(a) Personal Data will be retained only for as long as necessary for the performance of the services and as required by applicable laws.
(b) Upon termination of this Agreement, Handy Hands Pvt Ltd shall, at the Consumer’s choice, either return or delete all Personal Data, unless retention is required by law.
5. FEES, BILLING, INVOICING, AND PAYMENT; CANCELLATION
(a) The Consumer agrees to pay the Platform Enabler for the Services provided under this Agreement in accordance with the instruction in any supplementary communication on the chatbot or website.
(b) Payments shall be due monthly and failure to make timely payment may result in suspension or termination of services immediately unless a prior arrangement has been made.
(c) Unless otherwise expressly stated in this Agreement, all fees are non-refundable.
(d) Handy Hands (Pvt) Ltd, may allow the Consumers to trial the Platform for a specified period. Thereafter the thirty (30) day renewal period will commence.
6. INTELLECTUAL PROPERTY RIGHTS
(a) We own and control all of the copyright and other intellectual property Rights on the Platform.
(b) Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialise any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote/give a price for your services).
(c)The Service Provider acknowledges that they are granted a non-exclusive, non- transferable license to use the Platform during the term
of this Agreement, solely for the Service Provider’s internal purposes and in accordance with the terms of this Agreement.
7. TERM AND TERMINATION
7.1 Term
This Agreement shall commence on the Effective Date of acceptance and shall continue until terminated by either party in accordance with this Agreement.
7.2 Termination for Convenience
(a) Clients can terminate their relationship with the Platform Enabler without any notice. Client can terminate their relationship with the Service Provider immediately if no job was being carried out and through seven (7) days’ notice in the event of a job being in the process of being implemented.
(b) Service Providers may terminate this Agreement at any time by providing [30] days’ written notice to the other party.
(c) Termination of either relationship mentioned in above does not automatically end the relationship between a Client and a Service Provider, unless if it is the direct relationship between Service Provider and Client.
7.3. Termination for Cause
Either party may terminate this Agreement immediately if the other party breaches any material term of this Agreement and fails to cure such breach
within [30] days after receiving written notice of such breach.
7.4. Effect of Termination
Upon termination of this Agreement, the Service Provider shall cease using the Platform and the Platform Enabler shall return or delete any Personal Data as per the Service Provider’s instructions, subject to legal retention requirements.
Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Handy Hands Pvt Ltd reserves the right to take appropriate legal action pursuant to the Agreement.
8. CONFIDENTIALITY
The parties agree to maintain the confidentiality of all confidential information disclosed during the term of this Agreement, unless disclosure is required by law or consented to by the other party in writing.
9. LIMITATION OF LIABILITY
(a) Neither party shall be liable for any consequential, incidental, or special damages arising out of this Agreement.
(b) The Platform and the technology underlying it are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, either express or implied, (including, but not limited to, warranties or conditions of merchantability, quality or fitness for a particular purpose, good and workmanlike services, compliance with any law, statute, ordinance, regulation, or code, and/or non-infringement), and the same are expressly excluded.
10. INDEMNIFICATION
(a) Handy Hands Pvt Ltd reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Handy Hands Pvt Ltd.
(b) The Consumer shall indemnify, defend, and hold harmless Handy Hands Pvt Ltd and its agents from and against any and all liabilities incurred in connection with;
(i) your use of, inability to use, or participation on, the Platform;
(ii) your breach or violation of the Agreement;
(iii) your violation of any law, or the rights of any Consumer or third party;
(iv) your use of any third-party links or websites that appear on the Platform;
(v) any Consumer Generated Content and/or feedback submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (
vi) the acts or omissions of anyone claiming legality through the Consumer.
11. WAIVER
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
12. LANGUAGE
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
13. REVIEWS
We ask that the Clients’ feedback be honest and precise with regards to services that they would have received from the Service Providers. Sexist, racist, tribalistic or any feedback that attacks a certain group or class of people will be removed. Platform Enabler reserves the right to remove feedback that they deem offensive.
14. UPDATING OF THESE TERMS AND CONDITIONS
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website and WhatsApp chatbot following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
15. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
16. GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be governed by and construed in accordance with the laws of Zimbabwe. Any disputes arising out of or in connection with
this Agreement shall be resolved through mediation or, if necessary, through arbitration, in accordance with the laws of Zimbabwe.
(b) This provision is intended only to designate the governing laws to interpret the Agreement and is not intended to create any substantive right to Clients and Service Providers or to assert claims under such law whether by statute, common law, or otherwise. Nothing shall prevent the Platform Enabler from bringing proceedings to protect our intellectual property rights before any competent court.
(c) If the Consumer has a complaint about the Platform Enabler or the Service Provider, you can submit it by sending an email to info@handyhands.services. It is our hope that we will have resolved the complaint in seven (7) days. We reserve the right to seek for further information from you regarding the complaint.
(d) If you are not satisfied with the outcome, you can lodge your appeal with the Commercial Arbitration Centre in Harare, or the African Institute of Mediation and Arbitration (AIMA)
17. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, written or oral, relating to such subject matter.
