Last Updated: May 2021
THIS GUARANTEE WITH TERMS AND CONDITIONS SET OUT BELOW (“Terms”) is made by:
(1) THE HAPPITAT PTE. LTD., a company incorporated in Singapore (Company Registration No. 202110301E), and having its registered address at 6 Raffles Boulevard, #03-308, Marina Square, Singapore 039594 (the “Company”);
IN FAVOUR OF
(2) The CONTRACTING CUSTOMER as defined below.
WHEREAS:
(A) The Company is in the business of providing home professionals referral services to homeowners located in Singapore (and vice versa) through a website, amongst other platforms (the “Referral Services”).
(B) The Company wishes to provide the homeowners who use its Referral Services an added peace of mind by offering them a guarantee for contracts concluded through the use of the Referral Services.
NOW THEREFORE, in consideration of the mutual promises and undertakings of the Company and the Contracting Customer, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Company and the Contracting Customer agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Unless otherwise defined herein and except to the extent that the context requires otherwise, in these Terms:
“Claim” has the meaning assigned to it in Clause 3.1;
“Claim Form” has the meaning assigned to it in Clause 3.1;
“Claimable Event” has the meaning assigned to it in Clause 2.2;
“Contract” means a contract entered into by the Contracting Service Provider and the Contracting Customer solely as a result of both parties employing the Company’s
Referral Services, reflecting the request for quote or eligible direct enquiries submitted by the Contracting Customer to the Website;
“Contracting Customer” means the individual that enters into a contract with the Contracting Service Provider for the purchase of Home Improvement Services through the use of the Referral Services;
“Contracting Service Provider” means the Home Professional (being an individual or entity) that enters into a contract with the Contracting Customer for the provision of Home Improvement Services through the use of the Referral Services;
“Home Improvement Services” means any services or goods employed to improve the quality of a home, which includes but is not limited to home renovation and repair services;
“Home Professional” means any contractor, interior designer, handyman or any other professional involved in the provision of Home Improvement Services, that is listed as an approved Home Professional on the date of the Contract;
“Maximum Assured Sum” means the sum of S$50,000.00;
“Party” means any of a Contracting Customer, Contracting Service Provider, or the Company;
“Payout” has the meaning assigned to it in Clause 2.1;
“S$” means Singapore Dollars; and
“Website” means the website located at the URL: www.thehappitat.com
1.2 In these Terms, each reference to a clause or schedule is a reference to a clause or schedule respectively of these Terms.
2. GUARANTEE
2.1 Upon the occurrence of a Claimable Event, provided that all of the following conditions are complied with and subject to the provisions in Clause 4:
2.1.1 the Company having received a copy of the Contract duly executed by the Contracting Service Provider and the Contracting Customer, within seven (7) days from the date of such execution of the Contract;
2.1.2 the Company having received a valid Claim made by that Contracting Customer in accordance with the claim procedure set out in Clause 3 below;
2.1.3 the Company’s reasonable satisfaction with the presentation and grounds of such Claim and approval of such Claim; and
2.1.4 all documentation (including evidence, whether in electronic form or otherwise) to support the grounds of the Claims,
the Company undertakes to compensate the relevant Contracting Customer by paying him the amount of all his losses arising directly from the Contract solely as a result of the Contracting Service Provider’s default, with such payment to be capped at the Maximum Assured Sum or ten per cent (10%) of the value of the Contract, whichever is the lower (the “Payout”) (the “Guarantee”).
2.2 Events warranting a Payout (each a “Claimable Event”) are:
2.2.1 an order is made by a court in Singapore or elsewhere to (i) where the Contracting Service Provider is a natural person, declare the Contracting Service Provider bankrupt; or (ii) where the Contracting Service Provider is a body corporate, wind up the Contracting Service Provider.
3. CLAIM AND PAYOUT PROCEDURE
3.1 Upon a Claimable Event taking place, a relevant Contracting Customer may submit a claim to the Company for compensation (the “Claim”), in the form that the Company shall provide and shall contain the following details (the “Claim Form”):
3.1.1 the Contracting Customer’s name (as in identification card), identification number, and contact details;
3.1.2 the Contracting Service Provider’s name, company registration number (where the Contracting Service Provider is an entity) or identification number (where the Contracting Service Provider is an individual) and contact details;
3.1.3 all documentation (whether in electronic form or otherwise) between the Contracting Customer and the Contracting Service Provider, including records of correspondence evidencing that the Contract was entered into as a result of the use of the Company’s Referral Services by both of the Contracting Customer and the Contracting Service Provider;
3.1.4 the grounds for the claim, together with supporting evidence (including photographic evidence, if applicable); and
3.1.5 the details of the Contracting Customer’s Singapore bank account (“Bank Account”) to which a Payout can be made in the event of the Claim being accepted by the Company.
3.2 The Claim Form must be delivered to the Company at its registered address within thirty (30) calendar days from the date of the Claimable Event, failing which the
Company will have no liability to make any payment under these Terms. The Company may, at its sole discretion, reject any Claim Form received after the stipulated period.
3.3 Upon receipt of the Claim Form, the Company shall process the Claim and subsequently notify the Contracting Customer in writing of its decision to:
3.3.1 approve the Claim in whole;
3.3.2 approve the Claim in part; or
3.3.3 reject the Claim.
3.4 The Company shall notify the Contracting Customer within six (6) months of the Company’s receipt of the Claim (or any other time period as the Company may inform the Contracting Customer in writing) of its decision pursuant to Clause 3.3 (“Outcome Notification Date”).
3.5 Upon receipt of the Claim Form, the Company shall have the right to request for additional supporting documents or evidence for the purposes of processing the Claim and/or to verify the details of the Claim. The Contracting Customer’s failure to provide such documents in the manner and form as requested by the Company, shall result in the Claim being rejected.
3.6 In the event that:
3.6.1 a Claim is admitted in whole or in part, the Company shall, within two (2) months from the Outcome Notification Date, deliver a settlement agreement (setting out the terms of the settlement such as the value of the Payout and payment schedule) for the Contracting Customer to acknowledge and expressly agree on before the Company proceeds to make a Payout via telegraphic transfer to the Bank Account indicated by the Contracting Customer in the Claim Form. For the avoidance of doubt, the Company shall have the right to make a Payout in instalments. The Company shall not be obliged to provide exhaustive reasons for its decision to admit any Claim in part; or
3.6.2 a Claim is rejected by the Company, the Company shall provide a notice of rejection of the Claim to the Contracting Customer. The Company shall not be obliged to provide exhaustive reasons for its decision of rejection. The decision of the Company shall (in the absence of manifest error) be final and binding on the Company and the Contracting Customer.
4. LIMITATIONS AND EXCLUSIONS
4.1 Notwithstanding Clause 2.2, the Company shall not be obliged to make a Payout if any one or more of the following circumstances exist or are reasonably believed by the Company to exist:
4.1.1 the Contract was terminated by:
(i) the Contracting Customer;
(ii) the substantial inducement of the Contracting Customer; or
(iii) mutual agreement of the Contracting Customer and the Contracting Service Provider,
4.1.2 the Contract was breached by the Contracting Customer;
4.1.3 the Contracting Customer or the Contracting Service Provider was unable to carry out the whole or any part of its obligations pursuant to the Contract due to circumstances beyond the will and control of either the Contracting Customer or the Contracting Service Provider and ultimately not attributable to the Contracting Service Provider (e.g. acts of God, riots, explosion, pandemics);
4.1.4 the Claim was not made in good faith; or
4.1.5 an offer by the Contracting Service Provider to remedy the Contracting Customer’s grounds of Claim was refused by the Contracting Customer.
4.2 The Payout shall not cover certain losses incurred by the Contracting Customer such as third party costs in relation to engaging another Home Professional or any other individual or entity to effect additional or remedial works deemed to be necessitated by the Contracting Service Provider’s default. For the avoidance of doubt, the Guarantee shall only extend to sums paid and not refunded for work not done, or for the value of services paid for but not done which will be determined by the Company on the basis of submitted documents and the Company’s decision on the amount and value of any work done shall (in the absence of manifest error) be final and binding. The Guarantee shall be capped at the Maximum Assured Sum or ten per cent (10%) of the value of the Contract, whichever is the lower.
4.3 The Company shall in any given calendar year make a maximum of four Payouts, with the Payout(s) made to the Contracting Customer(s) being not more than S$50,000.00 in aggregate (including any amounts that may be set-off by the Company under Clause 4.4). For the avoidance of doubt, the Company shall not pay any interest on any Payout to be made.
4.4 The Company shall have the right to set off any debts or liabilities that may be owed by that Contracting Customer to the Contracting Service Provider from the Payout.
4.5 None of the rights, powers or obligations under these Terms shall be capable of being assigned, delegated or transferred in whole or in part by the Contracting Customer to any third party, including without limitation any assignment or transfer by operation of law in connection with his divorce or death. Any such assignment, delegation or transfer, whether in whole or in part, shall be null and void.
4.6 For a Claim to be considered, the Contracting Customer shall notify the Company in writing of any ongoing issues and/or disputes by the Contracting Customer in accordance with the terms set out herein within six (6) months from the date of the Contract, provided the Contracting Service Provider has not commenced the provision of services (e.g. renovation works) to the Contracting Customer at the Contracting Customer’s premises in accordance with the terms of the Contract. The Company shall no longer be liable once the above-mentioned period has elapsed.
5. SUBROGATION
5.1 Upon a Payout being made to a Contracting Customer, the Company shall be subrogated to the extent of such payment to all the rights and remedies of that Contracting Customer with respect to the Contracting Service Provider, under the Contract.
6. RECOVERY OF PAYOUT IF MADE IN ERROR OR EXCESS
6.1 Without prejudice to any other remedy, in the event any amount paid in error or excess to a Contracting Customer shall be recoverable as a debt due to the Company by that Contracting Customer, the Company may within seven (7) days (or such other period as the Company may specify in writing) of the Company notifying that Contracting Customer of such error or excess, recover the amount paid in error or excess from the Contracting Customer.
6.2 Each Contracting Customer agrees that any action to recover any amount paid in error or excess to him or his nominee will not be subject to the Limitation Act (Cap. 163).
7. ACKNOWLEDGEMENTS
7.1 The Contracting Customer hereby acknowledges and agrees that:
7.1.1 these Terms constitute a guarantee made by the Company and is not intended to constitute an offer to insure, does not constitute insurance, and does not take the place of insurance obtained or obtainable by him;
7.1.2 he will at all times exercise good faith in his dealings with the Company, including but not limited to first seeking to mitigate or recoup his losses under the Contract from the Contracting Service Provider, prior to submitting a Claim to the Company under these Terms;
7.1.3 the Company and its insurer shall have the right to make independent investigations with respect to any Claim submitted; and
7.1.4 upon the submission of a Claim, the Contracting Customer shall permit the Company to access all communication made between him and the Contracting
Service Provider through the Website or any other platform on which the Referral Services are provided, or any other form of communication.
8. GENERAL PROVISIONS
8.1 If any of the provisions of these Terms becomes invalid, illegal or unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.
8.2 No failure to exercise, or delay in exercising, any right pursuant to these Terms or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms or provided by law shall not preclude any further exercise of it.
8.3 Nothing in these Terms will create, or be deemed to create, a partnership between any of the Parties.
8.4 The Company may terminate or modify these Terms at its absolute discretion. Any termination or modification to these Terms will take effect from the date of the notice of termination or the date the amended terms are posted on the Website.
8.5 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of the terms contained herein.
8.6 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore.
8.7 The Company and the Contracting Customer hereby irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
Note to Contracting Customer: Should you wish to submit a Claim upon the occurrence of a Claimable Event, please email us at help@thehappitat.com and we will send the Claim Form for you to fill in.
