Service Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR ORDER AND USE OF ANY GOODS OR SERVICESP ROVIDED BY HUMANSA TECH (HK) LIMITED (“WE, OUR, US”). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT PROCEED FURTHER.

Service Terms and Conditions

General

  1. Any goods or services provided by us (“Goods” or “Services” or collectively “Products”) are available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By purchasing our Products, you represent and warrant that you are eligible and have the right, authority and capacity to abide by these Service T&C and Specific T&C (as defined below).

  2. When purchasing our Products, you agree to be legally bound by these Terms and Conditions (“Service T&C”) as may be updated and published from time to time. Specific terms and conditions (“Specific T&C”) may apply to the provision of certain Products and you agree to be legally bound by such Specific T&C where applicable.

  3. We are entitled to revise and amend these Service T&C and the Specific T&C at any time which will take effect after official announcement or notice is posted. Continued order and use of the Products provided after any such posting amounts to your conclusive acceptance of such revised Service T&C and Specific T&C.

  4. You represent, warrant and confirm that all the information which you provide to us in the course of dealing with us shall be true and accurate and you shall update of us any relevant and material information which may affect our delivery of the Products.

  5. Subject to the nature of the Service to be provided, you (or the user of the Service (“Service User”)) agree to grant our designated service provider (“Service Provider”) license to enter and have access to your (or the Service User’s) premises (if applicable) in order to provide the Service. If access to your (or the Service User’s) premises is denied on the date of Service (“Service Date”) for whatever reasons, we shall nonetheless charge you for the Service ordered, and no refund will be provided.

  6. Whilst we take care to select reliable Service Providers and will diligently check and screen the Service Providers,we accept no liability in connection with or arising out of any act or omission of the Service Providers, including (without limitation) any product liability in respect of any materials, substances or products used by the Service Providers (e.g. cleaning services and products). Therefore, by agreeing to order the Products and accepting these terms and conditions, you acknowledge that certain Products require the use of substances and materials that may have unknown characteristics, or be hazardous, unsafe or toxic and you accept the Products “as is”.

  7. It is your personal responsibility to assess and verify the suitability of a particular Product before you place an order and whether it may be unsuitable for your personal circumstance(s) or condition(s). It is your responsibility to check with the Service Provider on any product information and to inform the Service Provider of any relevant or material information (whether in relation to your health condition, special condition(s) or information relating to your property or premises) that you think or suspect may affect delivery or effectiveness of the Products. We therefore cannot guarantee that any Productwill be suitable for your use.

  8. We endeavour to present the information or content on Products as accurate as possible but errors may occur during the time of publishing or require amendments afterwards. We cannot guarantee the accuracy,currency or completeness of the information that is provided by Service Providers.

  9. You may subscribe to services that are provided by Third-party services providers (“Third-party Services Provider”). Your access to and use of such services shall be governed by the agreement between you and the respectiveThird-party Services Provider and you must comply with such agreement. Notwithstanding that such services are available or subscribed, on or via, channels or links to websites provided by us, we do not approve or endorse such services or any information, data, material, message or content provided by or via such services or any matter (including, without limitation, any software required) in relation to such services or any information, data, material, message or content provided by or via such services. As we are not and will not be a party to the agreement or other arrangement between you and the Third-party Services Provider. We therefore accept no liability in connection with or arising out of such services or any information, data, material, message or content or provided by or via such services, even if any relevant notice may have been given to us. Further, we accept no liability in connection with or arising out of any act or omission of any third party, even if any relevant notice may have been given to us.

  10. Without limiting any exclusion specifically provided for in these Service T&C and the Specific T&C, we shall in no event be liable for any costs, damages or liability for any breakage or loss or damage or impairment to or within your (or the Service User’s) premisesor any of your (or the Service User’s) other properties unless such breakage or loss or damage or impairment in our absolute opinion (which should be deemed conclusive) is directly and clearly caused by our Service Providers and is not recoverable under your household insurance contents policy (if any), and prompt notice is given by you to us within 14 days from the date of such breakage or loss or damage or impairment. In these circumstances, you agree that our payment of a maximum sum of HK$200.00 per Service shall fully and sufficiently discharge and release us from any corresponding and consequential liability (whether in contract, tort or law) (if any) in relation thereto. It is your responsibility to ensure that your (or the Service User’s) household insurance policy will provide you with sufficient coverage when our Service Providers provide the Services in your (or the Service User’s) premises.

  11. We reserve the right to apply surcharge to the provision of the Products to or at remote locations such as outlying islands or places not reachable by public transportation.

  12. In these Service T&C and Specific T&C, unless the context otherwise requires each gender or neuter includes the others and the singular includes the plural and vice versa.


Privacy and Personal Data

  1. All personal data you provide to us will only be used in accordance with the Personal Data Collection Statement (“PICS”) that we provide to you upon collection of your personal data and our Privacy Policy Statement, which is available at https://www.humansa.com.hk/privacy-policy.


Placing Orders

  1. Please check your order (“Order”) carefully before submitting it. An Order is placed upon our receipt of your Order and not revocable without our agreement. We reserve the right to charge for any amendment of an Order.

  2. Your submission or our receipt of an Order does not mean your Order has been accepted. Your Order is only accepted upon our confirmation of the Order.

  3. An Order can only be placed at least three working day in advance of the intended Service Date. For request of Service on an urgent basis, please contact our customer service hotline at 6160-6888.

  4. All bookings are made on a first come first served basis.


Charges and payment

  1. All Products charges shall be determined by us at any time at our sole discretion and are subject to changes. You will be notified of the charges applicable on the payment notice or in the Humansa Application (if applicable).

  2. For Services, payment must be settled within 24 hours after successful matching with our Service Providers, failing which you are deemed to have cancelled your Order and Clause 21 of these Service T&C below shall apply.

  3. All payments are final and unless provided specifically in these Service T&C, no refund (including deposits, if any) are allowed in all cases.

  4. Payment can be made by the payment methods available on the payment noticeor in the Humansa Application (if applicable)from time to time.

  5. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Service T&C or ourPrivacy Policy (see Clause 9) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

  6. Official payment receipts in printed or electronic copy will only be provided upon prior request and payment of administration fees as determined by us from time to time.


Cancellation, rescheduling etc.

  1. No cancellation of Order is allowed after you have submitted the Order. Notwithstanding this, if we have not yet matched the Order with our Service Providers, we may, at our absolute discretion agree to allow the cancellation of an Order, subject to the payment of a cancellation charge to be imposed by us at our absolute discretion.

  2. If you are deemed to have cancelled an Order pursuant to Clause 15 above or purport to cancel an Order after successful matching with our Service Providers, you are still bound to pay and settle all sums due and payable under the Order. All outstanding payment shall be recoverable by us against you as a debt without limiting our rights under Clause 33 below.

  3. If you purport to cancel an Order after you have paid for the Order, all such payments made will be forfeited and regarded as liquidated damages to compensate our administrative costs and other losses caused by such cancellation and not as penalty.

  4. To reschedule a booked and confirmed Service, please contact us at least 3 working day prior to the confirmed Service Date. We reserve the right to charge a rescheduling fee of HKD$100 for each rescheduling request. Rescheduling request made less than 3 working day prior to the confirmed Service Date may not be entertained with no refund.

  5. If for any reasons, the Service Provider is prevented from continuing rendering the Service to you or the Service User (such as being requested by you (or the Service User) to stop service or leave your (or the Service User’s) premises), no refund will be allowed and no rescheduling request will be entertained.


Inclement weather

  1. Upon announcement of Typhoon signal No.8 or above or Black Rainstorm Warning signal or when pre-No.8 special announcement is made by the Hong Kong Observatory, all services scheduled to take place after such announcement, when such signal is in force and within 3 hours after the cancelation of such signal, will be cancelled. Services scheduled to take place three hours after the cancelling of Typhoon signal No.8 or above or Black Rainstorm Warning signal will not be affected. You should contact us to re-arrange any affected bookings. Without limiting the aforesaid, we reserve the right to, in our sole and absolute discretion, make any arrangement to the otherwise in case of “extreme conditions” or any other inclement weather conditions including but not limited to those announced by the Hong Kong Government.


Service Providers

  1. All Service Providers are to be assigned by us to you (or the Service User) at our sole and absolute discretion in consideration of your requests. We will try to accommodate your specific request when assigning the Service Provider but we do not warrant that your specific request will or can be entertained.

  2. When our Service Providers render Services to you (or the Service User), you agree to (or will procure the Service User to):

    • Maintain good air ventilation in your (or the Service User’s) premises;
    • Allow our Service Providers to use your (or the Service User’s) air conditioners and/or fans if and when reasonably requested;
    • Provide a safe and appropriate working environment for our Service Providers that is in compliance with all applicable laws and regulations;
    • Secure or remove any fragile, delicate, breakable or valuable items, including glassware, works of art, antiques, or items of sentimental value prior to the commencement of the Services;
    • Give clear and adequate instructions and guidance to our Service Providers in relation to their use of any tools, equipment, materials or other items in your (or the Service User’s) premises before they perform the Services;
    • Ensure that all such tools, equipment, materials or other items provided to our Service Providers for the provision of the Services are suitable for the performance of the Services, in good condition and in good working order;
    • Inform us and our Service Providers promptly of any matters (including any health, safety or security requirements) which may affect the provision of the Services;
    • Provide reasonable co-operation to our Service Providers to enable them to provide Services; and
    • At your sole and absolute discretion and costs, maintain in force relevant and sufficient insurance in relation to your obligations in this clause as well as other obligations under these Service T&C and Specific T&C.


  3. We and our Service Providers are entitled to reject and are not bound to perform any services outside the scope of work specified in the Specific T&C, including but not limited to squatting down to clean the floor without a long handled mop and washing clothes by hand, or that are unreasonable requested. We reserve the right to terminate your use of any booked Services without refund at any time with immediate effect in case of any of these circumstances.

  4. You agree to (or will procure the Service User to) provide our Service Providers with all tools, equipment, materials or other items, including but not limited to cleaning tools, cleansers, blood pressure monitor, wheelchair and assistive cane, appropriate and necessary to perform the Services.

  5. We and our Service Providers may, either before or during the provision of the Services not use or cease using any tools, equipment, materials or other items provided by you (or the Service User) if we or our Service Providers think, in our/their absolute discretion, that the use of such tools, equipment, materials or other items poses a risk to the health and safety of our Service Providers.

  6. You and the Service Users shall not directly or indirectly (whether through another service provider, agent or otherwise) engage with a Service Provider that you or the Service Users have used via our Services, in breach of which you shall compensate our administrative costs of HK$3,000.00 and indemnify us against all our loss and damages incurred as a result thereof. In any event, your total liabilities in connection with such loss and damages shall not exceed an aggregate sum of HK$30,000.00.


Outstanding Payment

  1. Where any sums due (including any payment or additional payment due) under these Service T&C and the Specific T&C are not paid in full by the due date, we may, without limiting our other rights:
    • recover such outstanding sum against you as a debt without further notice;
    • suspend or terminate the provision of our Products to you (whether these products have been paid or not, and if paid, all such payment will be forfeited and used to set off any such outstanding sum at our absolute discretion) with immediate effect; and/or
    • Suspend or terminate your account with immediate effect.




Termination

  1. Without prejudice to any other rights we may have, we may stop providing the Products to you at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:
    • if you breach these Service T&C and/or the Specific T&C;
    • if we are unable to verify or authenticate any information you provide to us;
    • if we believe that your actions may give rise to liability of any nature; or
    • if we deem any of your action or conduct unsuitable or inappropriate.




Limitation of liability, etc.

  1. All liability, expressed or implied by statute or otherwise, if any, on the part of us, our Service Providers, employees, affiliates, agents, suppliers and partner organizations, unless specifically provided in these Service T&C or the Specific T&C, are hereby excluded to the fullest extent permitted by law.

  2. If any Products or any part thereof are supplied by third party suppliers, service providers or agents, we shall not be responsible or held liable for any such Products and any and all differences or disputes arising therefrom or incidental thereto shall be resolved or settled between you and such third parties accordingly.

  3. You are deemed to have read, understood and agreed to these Service T&C and Specific T&C, and agreed that you do not rely on any statement, representation, assurance or warranty made by us, our Service Providers, representatives, employees or agents and shall waive all of your rights, if any, against us in relation thereto.



Indemnity

  1. You hereby covenant and undertake to indemnify us against any injury loss (including loss of reputation or goodwill) damage costs and/or expenses suffered and to be suffered by us as a result of your breach of these Service T&C and Specific T&C.



ThirdParty Rights

  1. No person or entity other than you has, or may or will have, any rights under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (“Ordinance”) to enforce, make or pursue any claim, or enjoy any benefit under any provisions of these Service T&C and the Specific T&C. Application of the Ordinance is hereby expressly excluded.



Governing Law and Dispute Resolution

  1. These Service T&C and the Specific T&C shall be governed by and construed in accordance with the laws of Hong Kong. Each party irrevocably agree to submit all disputes to the non-exclusive jurisdiction of the courts of Hong Kong.

  2. We reserve the rights of the final decision in case of disputes.

  3. If there is any inconsistency or ambiguity between the English version of these Service T&C and the Specific T&C and their Chinese version (if any), the English version shall prevail.



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