thehappycouch

Terms and Conditions

 

The Happy Couch Limited (“The Happy Couch”, “we”, “us”) is a company incorporated in England and Wales, with company number 11280665 and with our registered office at 8 Warrington Crescent, London, W9 1EL.

 

These Terms of Use (which incorporate our Privacy Policy) (together, the "Agreement") set out the terms of our contract with you in relation to our supply of the Services (as defined below). If you do not agree with these terms, you must not use the Services and you must immediately cease use of the The Happy Couch website.

 

We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of this Agreement, you must discontinue your use of the Services. By continuing to use the Services, you indicate your agreement to these terms.

 

By using the Services, you confirm that you are at least 18 years old.

 

Services

 

The Happy Couch website (the "Site") allows individual customers ("Customers") to post requests for property and llifestyle related services ("Jobs") for the attention of professional providers of such services ("Professionals"), who may then respond to Customers' Job requests if they are willing to undertake the Job in question.  As a The Happy Couch Customer you can request a Job from the available selection on the The Happy Couch website. The Happy Couch will assign a Provider to the Job and the Provider will arrange the details of the services including standards, timescales and payment directly with the The Happy Couch Customer.

The services to be delivered by The Happy Couch as described herein (the "Services") may be provided to Customers and Professionals (collectively, "Users"/"you") via the website.

 

The Happy Couch's website, http://www.thehappycouch.com (the "Site") provides information about The Happy Couch to Customers and allows Customers to request information from The Happy Couch and the Providers in relation to the Services.  Professionals may use the Site to apply to become Providers in order to receive requests for Jobs and engage in the Services.

 

You acknowledge and agree that The Happy Couch acts as an agent only and is not a party to any contract between Customers and Professionals in relation to Jobs. No contract exists between The Happy Couch and the Professionals and or between The Happy Couch and the Customer. The Happy Couch is not an employment agency or contract agency and has no control (whether express or implied) over the conduct and suitability of Customers and Providers to request or complete the Services, and that the satisfactory completion of a service is solely determined between parties. It is a condition of use of the Services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and The Happy Couch disclaims to the fullest extent possible all liability in this regards.

 

Key Terms

 

“Account” means registering with The Happy Couch or the Provider via a mobile application or website by providing certain mandatory and voluntary information including but not limited to name, address, mobile and telephone number.

 

“Business Account” means a User account in which business information, such as company registration and VAT details are provided.

 

“Commission” means the money that is earned by The Happy Couch for introducing Customers and Providers and payable by the Providers to The Happy Couch after a Job has been completed.

 

“Dispute” means a disagreement between the Customer and Provider as to whether a Job has been satisfactorily completed.

 

“Job” means the service requested by the Customer.

 

“Parties” means collectively the Customer and the Provider.

 

“Payment Service” means any payment providers.

 

“Promocode” means an offer by way of a discount code that the Customer enters into the Providers app, website, or is given verbally to the Provider.

 

“Provider” means a professional who has partnered with The Happy Couch and is agreeing to perform the services requested through the The

Happy Couch website.

 

“Services” means the Jobs that are requested by the Customers via the The Happy Couch website and responded to by the Providers.

 

“Tax” means any and all statutory deductions due as a result of the financial transaction between a Provider and a Customer.

 

“User” means an individual or a business that completes the The Happy Couch or the Providers registration process.

 

“User Content” means information that a User provides about themselves, their profile or the details of a Job.

 

These Key Terms will have the same meaning whether they appear in the singular, plural, masculine or feminine or as the context requires.

 

Eligibility and Responsibility

 

We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation. Whilst The Happy Couch takes reasonable care in screening Providers, and securing the safety of our Customers and Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of, and performing of, Services.

 

Use of Services

 

As a User of the Services you agree to the following with The Happy Couch or the Provider:

 

•To register and create an Account for your personal or business use only. You may not authorize others to use your Account and you may not assign or transfer your Account to any other person or entity. You may register only one Account. You are responsible for keeping any registration details confidential including your password. You acknowledge that The Happy Couch is not responsible for any third party access to your Account and the consequences thereof, howsoever caused.

 

•You are responsible and assume liability for all information and User Content that you add to mobile apps and websites. Details of how The Happy Couch may use any information and content are provided in the Privacy Policy.

 

•You assume all risk when using the Services, including, but not limited to, any risks associated carrying out or receiving the Services. You acknowledge that The Happy Couch does not guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

 

•The Happy Couch will assign a requested job to a Provider. The Provider may accept or reject the Job. We do not guarantee that a Customer will receive a response to a posted Job or that responses meet the requirements a Customer has specified. Nor do we guarantee to Providers that they will be offered Jobs.

 

•The Happy Couch reserves the right, but is not under any obligation, to monitor information that is submitted to mobile apps or websites and to remove such information or material that (i) in our sole opinion violates any applicable law, or (ii) either the letter or spirit of this Agreement, or (iii) upon the request of a third party.

 

•You will not use the Services, or engage in any activity on the The Happy Couch website and/or mobile applications, in any way that:

 

1.Violates any local, national or other laws or regulations or any order of a court of relevant jurisdiction;

 

2.Uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any web pages or other of the Services;

 

3.Uses the The Happy Couch website and/or mobile applications for any commercial or other purposes that are not permitted in these Terms;

 

4.Infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights;

 

5.Distributes unsolicited material or advertisements;

 

6.Is intended to harass, annoy, threaten or intimate any other Users;

 

7.Promotes racism, bigotry, hatred or physical harm of any kind;

 

8.Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable;

 

9.Contains video, audio, photographs or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian);

 

10.Promotes or enables illegal or unlawful activities;

 

11.Is intended to deceive, defraud or swindle other Users of the Services;

 

12.Is intended to damage or interfere with the operation of the Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices;

 

13.Promotes, supports or solicits involvement in a political platform, religion, cult or sect;

 

14.Is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.

 

15.Is intended to damage or interfere with the operation of the Site, the App or any other aspect of the Member Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices.

Any breach of these provisions means the contract created by these terms shall be terminated at once.

 

Accounts and Registration

 

In order to receive the Services (and, in the case of Customers, any services from Professionals) you will first need to create an account with The Happy Couch or the Provider (an "Account"). This is done directly with The Happy Couch or the Provider. Setting up an Account will require you to provide information which may include your mobile phone number, address and card/payment details, and, in the case of Professionals such information may also include professional qualifications, right of work in the UK, proof of necessary liability insurance, photograph and personal details. It is a condition of registering with The Happy Couch as a Provider that you hold a UK bank or building society account into which payments to or from The Happy Couch will be made. You hereby agree only to provide information which is true, complete, and accurate and to update it as necessary to keep the information current. We may reject the creation of an Account at our absolute discretion.

 

An Account is meant for use only by you (the individual User) and you are fully responsible for maintaining the confidentiality of all password and Account details, and for all activities that occur under your password or Account (including where the Account is used by another person), unless these activities arise due to our negligence or breach of these terms by us.

 

You accept responsibility for all reasonable and foreseeable losses which The Happy Couch suffers as a result of a breach by you of these terms or your negligence when using the Services (including deliberately or negligently allowing others to use your Account).

 

Payment and Payment Services

 

The Customer accepts responsibility for paying for any Jobs which are made through the Services using his or her account details. By using and/or becoming a registered user of the Services, the Customer confirms that he or she has authority to use the payment method or billing account details provided for the purpose of settling any payments due for any purchase made through the Services, or that the Customer owes to us/the Provider.

 

In order to use the Services, a Customer must provide valid information for a valid credit or debit card. Customers may update, add or delete card details at any time by amending the details on their Account.

 

The debit or credit card details of which have been provided will be charged for the full amount once The Happy Couch or the Provider receives confirmation from a Professional that a Job has been completed.

 

Where this is permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments.

 

When a Customer Requests a Job The Happy Couch or the Provider may pre-authorise payment of a minimum of the first hour of the Job on the payment card added to the account. This pre-authorisation will be released if the Job is cancelled or at the time of final payment. We reserve the right to take the pre-authorisation amount in the event the payment for a job is not fully collected and you accept our right to do this.

 

When a Job is completed The Happy Couch or the Provider calculates the final amount to be paid, including applicable discounts. The Customer may release payment or The Happy Couch or the Provider may take payment. The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not request a Job unless they can pay for it. We may, at our sole discretion, not allow a Customer to request a Job if we are outstanding the payment for a prior Job.

 

The Happy Couch and the Providers do not accept cash payments. All Jobs are requested using a valid payment card and final payment is taken from the card once the Job is completed. The Happy Couch and the Providers reserve the right not to accept certain payment cards including, but not limited to, pre-payment cards.

 

The Happy Couch may use Payment Services at our complete discretion to facilitate payment card processing. The Happy Couch will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services.

 

The Happy Couch does not directly hold payment card information.

 

The Happy Couch or the Providers will be responsible for paying the fees charged by the Payment Services.

 

Professionals

 

The Happy Couch exists to introduce Customers to Professionals, but Professionals are solely responsible for the quality and outcome of the work they do. Professionals are not employed by The Happy Couch and The Happy Couch disclaims any liability for the services that the Professionals provide. All Professionals are responsible for their own tax and employment affairs.

 

We take reasonable steps to check that Professionals are experienced in the services they provide. We check ID, proof of address, certification and right to work and take reasonable steps to determine experience, which may include reference checking. A Customer may be able to review the service provided by a Professional at the end of a Job and these reviews may be made available to other Users to provide assurance.

 

The Happy Couch cannot accept any liability for the suitability of the Provider to do Jobs or the quality of the outcome. Any dispute as to the quality, suitability or any other aspect of the service provided by a Professional must be resolved between the relevant Customer and the Professional. Customers understand that their use of the services provided by Professionals is entirely at the Customer's own risk and The Happy Couch will not be responsible for any damage or losses arising out of the provision of such services.

 

As a The Happy Couch Provider you will be assigned Jobs that have been Posted by Customers. You warrant that in accepting a Job you will complete the Job as specified, to the standards and timescales agreed with the Customer.

 

Commission and Pricing

 

A Job is requested at a pre-determined price. The Happy Couch will take a commission for introducing a Customer and a Professional. The level of this commission will be calculated as a fixed amount or a percentage of the price of the Job and The Happy Couch reserves the right to vary the level of commission at any time at its sole discretion. The pre-determined price quoted by The Happy Couch or the Provider will be deemed to include commission. The Happy Couch will be paid the amount of such commission by the Provider or deduct the amount of such commission from the amount paid by the Customer before passing the remainder on to the Professional.

 

We reserve the right to change the commission structure at any time. By continuing to use the Services, you are deemed to consent to any such change.

 

Cancellation Policy

 

As a Customer you may cancel a booking any time after you have confirmed and a cancellation fee may apply. The Customer should obtain information regarding, and agree to, the Providers cancellation policy prior to booking Jobs.

 

As a Service Provider you are not allowed to cancel a job after you have accepted it, unless there is an emergency of some sort preventing you from performing the job. In the case of an emergency, The Happy Couch will do our best to re-assign your job to another professional. If you cancel a job, after accepting it, for any reason other than an emergency, and The Happy Couch is not able to find another professional to fulfill the particular job at the designated date and time, The Happy Couch may be required to be reimbursed 100% of the value of the booking. If you are more than 15mins late to a job booking, and the client cancels the booking due to your late arrival, we may be required to be reimbursed 100% of the value of the booking. If you cancel a job more than once in a 3 week period, you will be suspended from the The Happy Couch network until further notice. Suspension or termination notices may be sent to Providers via email and post, and will be considered effective immediately thereafter. You may be later on, re-instated at our sole discretion after a careful consideration on our part.

 

Loss or Damage

 

If the Customer suffers loss or damage to their property and attributes the loss or damage to a Provider, in the first instance the Parties should try to resolve between themselves, which The Happy Couch may facilitate.

 

Recommendations and Reviews

 

Customers and Providers are may be encouraged to offer reviews in the form of star rating, or feedback, for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with who you have engaged.

 

The Happy Couch reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews.

 

Promocodes and Vouchers

 

The Happy Couch may at our discretion issue a Promocode (or Voucher) to a Customer offering a discount from the total price of a Job. Such A Promocode may be withdrawn at any time at our sole discretion.

 

We may enter into agreements with third party companies where Promocodes are purchased by Customers at discounted prices. In such a case the sale agreement is between the Customer and the third party company and all issues relating to the redemption of the Promocode need to be addressed with the third party company. The Happy Couch disclaims any liability in this regard.

At The Happy Couch’s discretion we may or may not provide any further information about a Promocode and we do not guarantee a Promocode may be applied to any particular Job.

 

Private Engagement

 

The Happy Couch Providers are assigned to Jobs on the basis of availability and location.

As a Customer you agree not to privately offer jobs to Providers you have previously engaged with through The Happy Couch. As a Provider, while The Happy Couch is acting as an agent for you, and for a minimum period of 6months after the agency agreement has been terminated, you agree not to accept or solicit for jobs that are offered to you by Customers you have been introduced to through The Happy Couch.

The Happy Couch reserves the right to terminate the Accounts of Users who enter into private engagements.

 

Reporting Misconduct

 

If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behavior you should immediately make a report to the appropriate authorities and then to The Happy Couch quoting the filing report number and location. Your report may cause us to investigate such behavior but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

 

Privacy and Confidentiality

 

The Happy Couch is committed to helping you safeguard your privacy online. Please review our privacy policy and cookies policy for details about how we collect, use, and disclose information in connection with the Services. The Happy Couch Ltd. will never pass on any information about our Users to third party organizations, unless we are compelled to do so by law.

 

Location Services

 

The Providers Apps may use GPS locator capabilities to identify your current location for the purposes of delivering the Services. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the Apps, you must maintain an active account with a carrier of electronic communications through mobile devices.

 

Accessibility

 

You agree and acknowledge that information in connection with the Services is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Site or App. If you believe that you have noticed an error, omission or inaccuracy, please let us know.

 

Use of the Services may require Internet access. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. While we will make all reasonable efforts to ensure the availability of the Services on as broad a range of devices as possible, we cannot guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

 

We take measures to keep the Site free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of the Site or a third party website, or which are transmitted to your mobile handset as a result of your use of the Apps, unless this was due to our negligence or a breach of these terms by us. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

 

We cannot guarantee the availability of the Sites or the Apps. As with any service over the Internet or mobile network there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Services offline where we consider that this is necessary for routine or emergency maintenance without liability to you.

 

If we believe that you have breached this Agreement or any provision of it, we may suspend or terminate your Account and your access to the Services. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that we will not be liable to you for any suspension or termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account and we will not accept any liability for losses arising as a result of this.

 

Intellectual Property

 

You agree to use the Sites, the Apps and any other channel provided by The Happy Couch or the Providers or through which the Services are provided only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of the Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site or the App.

 

All contents of the Sites or the Apps, including any software, are protected by copyright, database right and other intellectual property rights. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of ours or of any other third party.

 

You may not reproduce any part of the Sites or Apps in any form unless we agree in writing in advance, except as necessary to use the Services in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the Sites or Apps or "frame" the Sites or Apps unless we agree in writing in advance. Use of any automated system or software to extract data from the Sites or the Apps (including screen scraping or account aggregation) is prohibited.

 

Limitation of Liability

 

To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Sites, the Apps or any Services or any of the content.

 

Nothing in these terms limits our liability for death or personal injury directly caused by us.

 

All third party suppliers of products, services or content (including Professionals) which we link to from the Site, or within Services are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their websites or Apps, including but not limited to any product liability claims. You should read the terms and conditions of any third party suppliers carefully.

 

Miscellaneous

 

These terms and the The Happy Couch Privacy Policy, which can be found at http://www.thehappycouch.com, are intended by us to set out the whole agreement between us and you and any prior communications between us are not included in this agreement. We recommend that you read them carefully to protect your own interests. If you do not think they set out the whole agreement between us, please make sure you ask for any additional terms to be put in writing prior to making any transaction. In that way we can avoid any problems surrounding what you expect us to do. We cannot accept any liability for any reliance placed by you on any statement or representation in the course of providing the Services, whether made by us or a third party, except to the extent a statement or representation in the course of the Services is made negligently by us.

 

If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

 

Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Users, but may be freely transferred, assigned, or delegated by The Happy Couch.

 

No waiver of or delay in enforcing any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.

 

 

Governing Law

 

You and We Agree that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each party agrees to the irrevocable jurisdiction of the English Courts to settle any dispute or claim arising out of these Terms.