HOMEOWNER AGREEMENT

Thank you for using our service at HoomWork or through the Hoomwork -Homes application (the “App”) on your mobile device.This user agreement lays out the terms of use of our services “Hoomwork ” at the website and the app, whether as a guest or a registered homeowner. Use of our service includes accessing, browsing, or creating an account to use the website.. By clicking ‘Get free quotes or marketplace’, you are requesting us to provide the services as soon as practically possible. Please read these terms of use carefully before you start using the website and the App. We recommend you keep a printed copy of this contract for future reference. By using the website and the App, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

1) Governing Law and Jurisdiction

The user agreement shall be governed by and construed following the law for time being in force in Pakistan. Disputes arising out of or in connection with the user agreement shall be subject to the exclusive jurisdiction of the competent Courts of Law in Pakistan. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed, and the remainder of this Agreement shall remain in full force and effect unless the purpose of this agreement is substantially frustrated thereby.

2) Introduction to the Hoomwork

Hoomwork is a company (the “Company” limited by SECP registered under the Companies Act 2017 bearing registration number 0129732. The registered office is located at 441-Q, Iqra Street, Model Town, Lahore 547000, Pakistan. Where any reference whatsoever is made to the company in this Agreement, this is also taken to include our group companies, affiliates, and or the employees, associated and contracted persons, and persons providing services to the company or the group companies.Contact with our company can be established
Where we refer to you in this agreement, this also includes any person that accesses or uses our service on your behalf. The “Agreement” includes the terms set out here and the Privacy Policy as made available via the internet and/or our “Apps” from time to time.
Our “Apps” are the HoomworkHomes, Hoomwork-Supply, and Hoomwork-Trades and any other application that we release (each as modified and/or updated by us from time to time). Any person, except the HomeOwner Company Limited, using our Service to promote their services or products shall be deemed a “Trade Business partner“. As part of receiving the Service, you may from time to time upload information to the Service.

3) Content

You agree to use the website and the App only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Messages, profiles, job descriptions, and other content must be civil and tasteful.

Some of the material on the Service “Get a free quote” originates from our homeowners, and we rely on Homeowners to accurately describe their requirements for any projects for which they invite tenders from Trade Businesses through the Service (“Projects“). We have little or no editorial control over the material and we, therefore, do not guarantee the accuracy, timeliness, completeness, performance, or fitness for any particular purpose of the material available through the Service. We shall not be held responsible for errors, omissions, or inaccurate material available through the service, and make no warranty that the service shall be uninterrupted or error-free, or that any defects shall be corrected.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Hoomwork, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all content that you post, email, or otherwise make available via the Service.

You acknowledge that Hoomwork does not pre-screen or approve all content, but that Hoomwork shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Marketplace displays advertisements of products and material from various suppliers. The third parties’ business sellers offer products or materials that may be useful or of interest to you. Our suppliers are carefully selected by reputable organizations. Such organizations may include other retailers and magazine publishers. We do not review suppliers' postings and are not involved in the actual transactions between homeowners. We do not guarantee the accuracy of postings or homeowner communications or the quality, safety, or legality of what's offered.

4) Homeowner Content standards

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts);
• Be genuinely held (where they state opinions);
• Comply with applicable law in Pakistan and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person;
• Contain any material which is obscene, offensive, hateful or inflammatory;
• Contain any material from which you have not obtained all necessary licences and/or approvals;
• Promote sexually explicit material;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any copyright, database right or trademark of any other person;
• Be likely to deceive any person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Promote any illegal activity;
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate from us if this is not the case;
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You agree that you will comply with the Privacy Policy.

5) Payment Terms

This section sets out our fees and payment terms for the HoomWork Service which should be read in conjunction with our Homeowner Agreement and Privacy Policy.

Definitions:

Peace Of Mind Payment Protection Plan:

The type of membership selected by you to protect payment and allow peace of mind against delivered service;

Minimum Transaction Handling Fee

The minimum transaction handling fee which you commit to paying the along with actual amount;

Payment Protection Period:

The period covered by Hoomwork Fee (for example, Hoomwork shall hold funds max to 48 hrs after job completion and no issue escalated;

5.1) Peace of mind payment protection

Use of the Service is generally free of charge, but we may charge a fee for use of specific Service features that offer enhanced functionality or additional homeowner benefits, including, for example, our peace of mind advance payment option.

Hoomwork provides the facility of payment protection to both homeowner and tradesman. In the peace of mind, the homeowner simply pays the amount agreed between homeowner and tradesman or trade business) in advance to Hoomwork. Hoomwork shall hold the funds until the job is marked as completed by the homeowner or tradesman (trade business).

Hoomwork shall release the funds to tradesman or trade business if homeowner notifies to release funds or does not escalate an issue within 48 hrs of job completion.

If the homeowner escalates an issue within 48 hrs of job completion, then Hoomwork shall hold funds and contact a tradesman to resolve the issue. Hoomwork shall perform as a communication medium between homeowner and tradesman or trade business. Hoomwork won’t be part of any negotiations between parties. Stakeholders (homeowner and tradesman or trade business) shall resolve the issue themselves and notify Hoomwork to release funds. The homeowner may choose to pay directly to a tradesman. The homeowner won’t have any payment protection if the homeowner selects to pay directly to a tradesman or trade business.

Any extra cost of work after the agreed amount shall be negotiated between the parties and Hoomwork shall not be liable to pay any additional cost. Illustration: A and B, the homeowner and the tradesman, agree upon the cost of services at the rate of Rs.5000/- and the amount is transferred to Hoomwork. Later on, the cost of services exceeds the agreed amount. The Hoomwork Shall be liable to pay Rs.5000/- only and the rest of the amount shall be negotiated between the parties and transferred to the tradesman or trade business without the intervention of Hoomwork.

• Peace of mind is an optional service. This service shall be available at the discretion of the homeowner and tradesman.
• Homeowner and tradesman shall be responsible for deciding payment method.
• Hoomwork shall hold funds transferred by a homeowner only.
• Hoomwork shall hold funds till the job is marked as finished.
• Hoomwork shall transfer funds to tradesman or trade business once cleared by the homeowner.
• The homeowner is responsible to pay for any additional work done by tradesman after the agreed contract.
• Homeowners can decide of paying a big amount in installments.
• • Project cost should be over Rs 0.5 Million
  • Installments terms shall be negotiated between homeowner and tradesman
  • Homeowner shall transfer agreed payment installments to Hoomwork .
  • Hoomwork shall release funds to tradesman at an agreed time between homeowner and tradesman.
  • Hoomwork fees apply to each installment. see fees section.
• The homeowner may cancel peace of mind transaction and ask for a refund but Hoomwork transaction fee applies.see fees section.

The homeowner must notify tradesman about the cancellation of peace of mind deposit.

5.2) Our Fees

Hoomwork shall charge a fee to handle the payment protection plan. Fees shall be calculated based on the amount per transaction. A minimum charge per transaction applies to Rs 300.

Where we charge a fee for using a specific Service feature, this shall be made clear to you through the Service and you shall not be charged unless you specifically request that feature, for example by clicking on the relevant ‘Pay Now’ button.

5.3) Bills and payments

You shall be responsible for providing valid banking details to our partner banks to debit the amount. We shall be authorized by you to charge our service fee as per calculation. You’re your personal privacy and financial security shall be protected– see our Privacy Policy for more information.

5.4) Refunds and cancellations

Please get straight in touch with us if you are in any way unsure about an amount that has been charged to your card – contact us here. In case it is found that a payment has been made bonafide mistake, the same shall be refunded promptly to your credit or debit card.

In case you intend to cancel your peace of mind plan you must provide not less than 3 days’ notice to us and the amount shall be refunded accordingly. Cancellation charges may apply.

We reserve the right to review our fees from time to time. Any changes to these Payment Terms shall be posted on the website and the app.

6) Marketplace

The marketplace is an online shopping portal for homeowners. Homeowners can view and buy things inclusing homeware, electrical, hardware, apliances, storage/organization to building material and much more.

6.1) No warranties provided

Hoomwork does not own marketplace products. The marketplace is a platform for suppliers to display their products. They are all carefully chosen and have their Ad listing guidelines. Product suppliers are solely responsible for listing/Ad description, images, video, and other contents. Hoomwork does not hold any responsibility for posted listing. Thus, no warranties are given from Hoomwork for listed products.

6.2) Buyer & supplier Payment method:

• Hoomwork does not offer payment gateway and shopping cart to users.
• The buyer and sellers decide the payment method and arrange accordingly.
• Hoomwork is not responsible for any non-payment and related disputes.

6.3) Shipping and handling

Buyers are responsible to arrange product shipping, packaging, and handling with sellers.

7) Limitation of our liability

You are responsible for ensuring that you are legally entitled to publish any information which you upload. You may not invite tenders for any Project which is not legal.

It is your responsibility to select a suitable Trade Business and to negotiate the terms of any Project to be performed with the Trade Business selected. Hoomwork does not guarantee any specific Trade Business’s information, accreditation, or registration. Nor assure any warranty regarding the goods or services purchased or obtained through listing a Project on the Service or any transactions entered into through the Service. You should in all cases make your inquiries. In particular, it is your responsibility to carry out appropriate checks.

Hoomwork excludes and restricts liability for death or personal injury arising from tradesman negligence, or fraud or fraudulent misrepresentation, or any other liability.

Accordingly, to the maximum permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We shall not be liable to any homeowner for any loss or damage, theft whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• (a) use of, or inability to use our site;
• (b) use of or reliance on any content displayed on our site;
• (c) any works that you have done by any tradesperson who contact you as a result of a job posted on our site.

Please note that our site is designed for use by domestic households and private individuals. You agree that in the event you use it for any commercial or business purpose that in addition to the exclusions contained above, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We do not review homeowners' postings and are not involved in the actual transactions between homeowners.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.

8) Calls

Our VOIP call feature enables you, the homeowner, to talk to the tradesmen on our App. This includes free unlimited calls to tradesmen.

• VOIP call requires mobile data or a Wi-Fi connection. Hoomwork does not provide any mobile data to make calls. The user bears the cost of data.
• VOIP calls are only used for establishing contact with tradesmen and marketplace sellers.
• To protect your privacy, only homeowners can dial call. Homeowners won’t be able to receive calls from tradesmen and sellers.

We take no responsibility for any of the content discussing on our call feature, either by yourself or anyone you are in conversation with via the call feature. We do not monitor the calls. We also reserve the right to pass any, or all, content deemed inappropriate, or that which relates to a criminal investigation, to the relevant authorities.

Any additional work that is agreed with a tradesperson via call, which falls outside the scope of the original job posted to the Hoomwork platform and without a related follow-up job being created, shall fall outside of the Hoomwork service and no further contractual agreements shall be made involving Hoomwork .

9) Intellectual property rights

Hoomwork owns all the intellectual property rights relating to the site, including the designs, text, database, graphics, and layouts, and you agree not to use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") Homeowners upload to Hoomworkare retained by the copyright owner, and these are added to the site by Homeowners at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display, and use the content.

10) Our Rights

We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.

We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time without notice for any reason whatsoever.