These Terms of Service (“Terms”) govern your use of the labourwatchonline website, mobile application, and related services (collectively, the “Platform”) by [Your Registered Company Name] (“labourwatchonline”, “we”, “us”, or “our”). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree, please do not use our Platform.
Note: These Terms contain an arbitration clause and a waiver of certain rights to bring class actions. Please read carefully.
1. Definitions
• “Customer” – A user who requests or receives handyman or labour services through the Platform.
• “Handyman” / “Service Provider” – A user who offers or provides handyman, repair, construction, or labour services through the Platform.
• “User” – Any person (Customer or Handyman) who accesses or uses the Platform.
• “Service” – Any task, repair, installation, maintenance, or labour work requested by a Customer and performed by a Handyman.
• “Booking” – An agreement between a Customer and a Handyman for the performance of a specific Service, facilitated through the Platform.
2. Eligibility
By using labourwatchonline, you represent and warrant that:
• You are at least 18 years of age (or the age of majority in your state in Nigeria).
• You have the legal capacity to enter into a binding contract.
• You are not located in a jurisdiction where use of our Platform is prohibited by law.
• For Handymen: You possess all necessary licenses, permits, insurance, and skills required to legally perform the Services you offer in your state or local government area in Nigeria.
3. Nature of Our Platform
labourwatchonline is a marketplace and matching platform. We connect Customers who need labour services with independent Handymen who offer such services.
• We are not a contractor, employer, or agency. Each Handyman is an independent contractor, not an employee, agent, or partner of labourwatchonline.
• We do not perform services. All Services are performed solely by Handymen. We do not supervise, control, or direct the manner or method of work.
• We do not guarantee the quality, safety, or legality of any Service. However, we provide tools for ratings, reviews, and dispute assistance.
4. Account Registration
To use most features of the Platform, you must create an account. You agree to:
• Provide accurate, current, and complete information.
• Maintain the security of your login credentials.
• Not share your account with any third party.
• Notify us immediately of any unauthorised access.
labourwatchonline reserves the right to suspend or terminate any account that violates these Terms or poses a risk to other users.
5. Customer Obligations
As a Customer, you agree to:
• Provide a clear, accurate description of the Service needed (e.g., type of repair, location, materials required).
• Communicate honestly and respectfully with the Handyman.
• Ensure safe access to the premises where the Service will be performed.
• Pay the agreed price for the Service when due.
• Not request or pressure a Handyman to perform illegal or unsafe work.
• Inspect the completed Service promptly and raise any complaints within 48 hours of completion.
6. Handyman Obligations
As a Handyman/Service Provider, you agree to:
• Perform all Services with reasonable skill, care, and professionalism, consistent with industry standards in Nigeria.
• Comply with all applicable laws, including obtaining any required business permits, tax registrations, and safety certifications.
• Honor your commitments – arrive on time, communicate delays, and complete the agreed scope of work.
• Not subcontract a Service to another person without the Customer’s explicit consent.
• Carry your own public liability or professional indemnity insurance (strongly recommended).
• Not engage in any fraudulent, dangerous, or illegal activity.
• Respect the Customer’s property and privacy.
Failure to meet these obligations may result in permanent removal from the Platform.
7. Bookings, Payments, and Fees
7.1 Making a Booking
• Customers submit a Service request with details and preferred time.
• Handymen may accept or decline a request.
• A Booking is confirmed when the Handyman accepts, and the Customer receives confirmation.
7.2 Pricing
• Handymen set their own prices or provide quotes. Labourwatchonline b may suggest price ranges but does not fix prices.
• Any additional costs (e.g., materials, transport, parking) must be agreed in writing (via chat or quote) before the Service begins.
7.3 Payment
• Payments are processed through our integrated payment gateway (e.g., card, bank transfer, USSD).
• For certain Services, the Customer may pay the Handyman directly off-Platform only if both parties agree and labourwatchonline is notified. However, we strongly advise against off-Platform payments because you lose our dispute resolution and refund protections.
7.4 Service Fees
• labourwatchonline may charge a service fee to Customers (e.g., a percentage of the booking value) and/or a commission fee to Handymen for each completed Booking.
• All fees will be clearly displayed before you confirm a Booking.
• Fees are non-refundable except as set out in our Cancellation and Refund Policy.
7.5 Taxes
Users are solely responsible for paying any taxes (VAT, income tax etc.) arising from their use of the Platform. Labourwatchonline does not withhold or remit taxes on behalf of Handymen unless required by law.
8. Cancellations and Refunds
Scenario: Cancellation by Customer
• More than 6 hours before scheduled time: full refund of any pre-paid amount, minus a small processing fee.
• Less than 6 hours: no refund unless Handyman agrees.
Scenario: Cancellation by Handyman
• Customer receives full refund if pre-paid. Handyman may be penalised (e.g., account suspension for repeated last-minute cancellations).
Scenario: Unsatisfactory Service
• Customer must notify us within 48 hours. We may facilitate a partial refund or arrange a redo at the Handyman’s cost, depending on the issue.
labourwatchonline acts as a neutral intermediary in refund disputes. Our decision is final regarding any refund held in our escrow/payment system.
9. Ratings and Reviews
Both Customers and Handymen can leave ratings and written reviews after a Service is completed.
• Reviews must be truthful, respectful, and based on actual experience.
• We reserve the right to remove reviews that are fraudulent, abusive, off-topic, or violate these Terms.
• Handymen may respond to reviews.
• Systematic manipulation of ratings (e.g., fake reviews, review bombing) is prohibited and will lead to account termination.
10. Prohibited Conduct
You agree not to:
• Use the Platform for any illegal purpose or in violation of Nigerian law.
• Harass, threaten, impersonate, or defraud any other user.
• Post false, misleading, or deceptive content.
• Attempt to circumvent our payment system (e.g., taking a booking off-Platform to avoid fees) – doing so may result in a ban and liability for lost fees.
• Reverse engineer, copy, or scrape any part of the Platform.
• Interfere with the Platform’s security or functionality.
11. Dispute Resolution (Important)
We encourage users to resolve disputes directly with each other. labourwatchonline will provide reasonable assistance (e.g., sharing evidence, facilitating communication) but is not a party to the Service contract between Customer and Handyman.
If an issue cannot be resolved amicably:
11.1 Internal Escalation
You may submit a formal complaint to support@labourwatchonline.com We will investigate and propose a resolution within 14 business days.
11.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (including the Services) that cannot be resolved internally shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2023.
• The arbitration shall be conducted in Lagos, Nigeria (or another mutually agreed location).
• The arbitration shall be before a single arbitrator appointed by the Chartered Institute of Arbitrators (Nigeria Branch).
• The language of arbitration shall be English.
• Each party shall bear its own costs, but the arbitrator may award costs and legal fees to the prevailing party.
• There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Exceptions: Either party may bring a claim in a small claims court (if eligible) or seek injunctive relief in a Nigerian court to prevent intellectual property infringement or unauthorised access.
11.3 Class Action Waiver
All disputes must be brought on an individual basis only. You agree that you may not bring a claim as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations are not permitted.
12. Limitation of Liability
To the maximum extent permitted by Nigerian law:
• labourwatchonline is not liable for any injury, loss, damage, or cost arising from the Services performed by Handymen. The Handyman is solely responsible for the quality and safety of their work.
• Our total liability to you for any claim arising out of these Terms or your use of the Platform shall not exceed the total fees paid by you (as a Customer) or earned by you (as a Handyman) in the six (6) months preceding the event giving rise to the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data.
Nothing in this section excludes liability for death or personal injury caused by our gross negligence, fraud, or any liability that cannot be limited by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless labourwatchonline, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
• Your breach of these Terms.
• Your violation of any applicable law or third-party right.
• Your use (or misuse) of the Platform.
• Any Service you provide or receive (for Handymen or Customers respectively).
14. Disclaimer of Warranties
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. labourwatchonline makes no representations or warranties of any kind, express or implied, regarding:
• The reliability, timeliness, quality, or safety of any Service.
• That the Platform will be uninterrupted, error-free, or secure.
• The accuracy of any user ratings or reviews.
We do not warrant that a Handyman is licensed, insured, or competent – you are responsible for verifying credentials before hiring.
15. Termination
We may suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including if you breach these Terms.
Upon termination:
• Your right to use the Platform ceases immediately.
• You must pay any outstanding fees owed to labourwatchonline or other users.
• We may delete your account data in accordance with our Privacy Policy.
Sections that by their nature should survive termination (e.g., Limitation of Liability, Indemnification, Dispute Resolution) will survive.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought exclusively in the High Court of Lagos State or the Federal High Court of Nigeria.
17. Modifications to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you via email or a prominent notice on the Platform at least 7 days before they take effect.
Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
18. Miscellaneous
• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and labourwatchonline.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right or provision does not waive that right.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, internet outages, government action).
• Notices: We may send legal notices to your email address on file. You may send notices to us at [Insert Email/Address].
19. Contact Us
For questions, complaints, or to send legal notices:
Email: support@labourwatchonline.com
Phone: [Insert Phone Number]
Address: 3 Oku Village Road, Uyo, Akwa Ibom Sate.
By using labourwatchonline, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.