Please read these Terms and Conditions carefully before using the https://head2tow.com website and the mobile application operated by Head 2 Tow.
Your access to and use of the Platform is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users, Service Providers and others who access or use the Platform. You warrant that you are at least 18+ years of age and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Platform you agree to be bound by these Terms.
1.1 If you wish to purchase any Service made available through Head 2 Tow, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address
1.2 Head 2 Tow uses the stripe connect account to pay the Price for a service. The payment system works as follows:
1.2.1 User selects a Service from a Service Provider and makes a Booking;
1.2.2 Service Provider receives the Booking and raises an invoice for the User. Until the payment of the Price is received from the User there is no confirmed Booking;
1.2.3 The User pays the Price into the Head 2 Tow administration account to be held pending completion of the Job.
1.2.4 Once the Job is completed by the Service Provider the Price is released from the Head 2 Tow administration account to the Service Provider.
1.2.5 In the case of a dispute or cancellation, the Price will be directed by Head 2 Tow to the appropriate party in accordance with these Terms.
1.3 You represent and warrant that:
1.3.1 You have the legal right to use any credit card(s) or other payment method(s) in connection with any payment made on the Platform; and
1.3.2 The information you supply to Head 2 Tow is true, correct and complete.
1.4 By submitting such information, you grant Head 2 Tow the right to provide the information to third parties for purposes of facilitating the payment of the Price for a Service.
1.5 Head 2 Tow reserves the right to refuse or cancel your Booking at any time for certain reasons, including but not limited to Service availability, errors in description or Price of the Service, error in the Booking or other reasons.
1.6 Head 2 Tow is not designed to (and does not) provide advice or any assurance or warranty regarding the quality of any services offered on the Head 2 Tow Platform by Service Providers. We strongly advise you to exercise caution and complete your own due diligence in selecting a Provider through Head 2 Tow Platform. Head 2 Tow provides the platform only for you to utilize the Services offered by Service Providers.
1.7 Unless the Service Provider has subscribed to Head 2 Tow(in accordance with the proceeding provisions), for each Job, the Service Provider owes a platform service Fee, which will be automatically deducted from the Price for the Job when the payment is made from the Head 2 Tow Administration Account to the Service Provider.
1.8 All Service Fees payable to Head 2 Tow are non-refundable.
1.9 If a Job is cancelled, no Service Fee is payable and the Price for the Job will be returned to the User.
2.1 Service Providers may provide services by electing to do so on the Platform and sending appropriate documents to Head 2 Tow Administration.
2.2 The platform fee is a percentage of each service performed by the provider which is deducted from the Service Provider’s payment method when the Service Provider completes a job through the Platform.
2.3 The agreement will continue until cancelled or terminated.
2.4 The Service Provider can cancel its agreement at any time without giving notice to Head 2 Tow.
2.5 If the Service Provider cancels an on demand job or scheduled job after the job has been accepted by the provider, Head 2 Tow reserves the right to charge the provider the agreed platform fee percentage.
2.6 Head 2 Tow will give a notice prior to deducting any platform fees to a Service Provider who cancelled a schedule job after acceptance
2.7 Head 2 Tow may change the terms and conditions of the provider agreement following 30 days notice to the Service Provider.
2.8 Notwithstanding the previous clause, Head 2 Tow may change the platform fee from time to time by notice to the Service Provider, however any change to the platform fee will not take effect until the 12 month anniversary period of Providers onboard date.
3.1 We cannot and do not guarantee the accuracy or completeness of any information, including prices, specifications, availability and services. Head 2 Tow reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
3.2 The content is provided, to the maximum extent permitted by law, without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or noninfringement.
4.1 Any contests, sweepstakes or other promotion (“Promotions”) made available through Head 2 Tow from time to time may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
5.1 When you create an account with Head 2 Tow, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Platform.
5.2 You are responsible for safeguarding the password that you use to access Head 2 Tow and for any activities or actions under your password, whether your password is with Head 2 Tow or a third-party Service. You must remain in control of your account at all times.
5.3 You agree not to disclose your password to any third-party. You agree to be fully responsible for activities that relate to your account or password. You must notify Head 2 Tow immediately upon becoming aware of any breach of security or unauthorized use of your account.
5.4 You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
6.1 The Platform and its original content (excluding Content provided by users) features and functionality are and will remain the exclusive property of Head 2 Tow. The Platform is protected by copyright, trademark and other laws of both the United States and foreign countries. Head 2 Tow’ trademark, trade address and Intellectual Property may not be used in connection with any product or service without the prior written consent of Head 2 Tow. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
6.2 You are permitted to use the Platform only as authorized by Head 2 Tow. As a User or Service Provider, you are granted a limited, non exclusive, revocable, non transferable right to use the Platform to create, display, use, play and download Content subject to these Terms.
6.3 Head 2 Tow’ Intellectual Property must not be used in connection with a product or Service that is not affiliated with Head 2 Tow or in any way brings Head 2 Tow in disrepute.
6.4 You must not modify the physical or digital copies of any Content or Intellectual Property you obtain in any way, you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
6.5 Any opinions, advice, statements, services, offers or other information, or content expressed or made available by any other users are those of the respective authors or distributors and not of On Demand 24/7.
7.1 Head 2 Tow utilizes location-based and GPS information and functionality and may display your location or other User’s or Service Provider’s locations to persons browsing or accessing the live tracking service.
7.2 Personal details such as your name and location will be shared with the provider you select for services. Head 2 Tow encourages Service Providers and Users to provide their service location only within the Platform to receive or perform services.
8.1 Our Platform/website may contain links to third-party websites or services that are not owned or controlled by Head 2 Tow.
8.2 Head 2 Tow has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Head 2 Tow is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or any reliance on any such content, goods or services available on or through any such websites or services.
8.3 Head 2 Tow only provide links to external websites for convenience, and the inclusion of links to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
8.4 Head 2 Tow strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9.1 Head 2 Tow may terminate or suspend your account immediately, in its absolute discretion without prior notice, for any reason whatsoever, including without limitation:
9.1.1 if Head 2 Tow forms the view that you have breached the Terms; or
9.1.2 if your account is considered by Head 2 Tow to be detrimental to the operation of Head 2 Tow.
9.2 Head 2 Tow is not liable for any loss or damage suffered by you as a result of its decision to terminate your account. Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.
9.3 All provisions of the Terms which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9.4 Head 2 Tow shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension, or any other actions taken by Head 2 Tow in connection therewith. If applicable law requires Head 2 Tow to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Platform or by sending a communication to any address (email or otherwise) that Head 2 Tow has for you on record.
9.5 If Head 2 Tow determines, in its absolute discretion, that you have breached the Terms, it reserves its right to cancel or suspend your account.
10.1 As a condition of your access to and use of the Platform, you indemnify Head 2 Tow and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of, or related to your access to and use of the Platform, or your breach of these Terms and any applicable law or the rights of another person or party.
10.2 This indemnity survives the termination of your account and applies to claims arising both before and after termination of your account.
11.1 So far as the law permits, you agree that Head 2 Tow is not liable for any damage suffered as a result of or in connection with using the Platform or copying, distributing, or downloading Content from the Platform. In no event shall Head 2 Tow be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
11.2 To the extent permitted by law, Head 2 Tow excludes all liability for any loss or damage of every kind and nature, arising out of or in any way connected with any Job or Booking between Service Providers, Users and/or Third Parties.
11.3 You have sole responsibility for ensuring adequate security protection and backup of data and/or equipment used in connection with your usage of the Platform and will not make a claim against Head 2 Tow for lost data, rerun time, inaccurate instruction, work delays or lost profits resulting from the use of Platform. You must not assign or otherwise dispose of your account to any other person.
11.4 Except for liability arising from an implied condition, warranty or guarantee that is not permitted by law to be excluded and without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to Head 2 Tow if you are a Service Provider, or the Price for the Job if you are a User.
11.5 Head 2 Tow accepts no liability for any aspect of the Platform used, including but not limited to the description, performance or delivery of the Platform.
12.1 Your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, the Platform is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, noninfringement or course of performance.
12.2 Head 2 Tow, its subsidiaries, affiliates and its licensors do not warrant that:
12.2.1 The Platform will function uninterrupted, secure or available at any particular time or location;
12.2.2 Any errors or defects will be corrected;
12.2.3 The Platform is free of viruses or other harmful components; and
12.2.4 The results of using the Platform will meet your requirements.
12.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access, or alteration of or use of record in connection with the use or operation of the Platform, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
12.4 Head 2 Tow make no representations or warranties of any kind, to the extent permitted by law, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Head 2 Tow disclaims any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Platform or that the operation of the Platform will be uninterrupted or error-free. Head 2 Tow is not liable for the consequences of any interruptions or error in the Platform.
13.1 At the end of a Job, a User must provide Feedback about the Services provided by a Service Provider.
13.2 You can report or complain about an inappropriate or unjustified comment or Feedback by contacting Head 2 Tow at info@head2tow.com
14.1 Head 2 Tow has no obligation to any User or Service Provider to assist or become involved in any disputes between Users and Service Providers.
14.2 You are encouraged to attempt to resolve disputes (including claims for returns or refunds) with other Users or Service Providers directly. Head 2 Tow may provide your information to other parties involved in a dispute as it considers appropriate, in its absolute discretion. Where information is provided for this purpose you must not use information disclosed to you by Head 2 Tow for any other purpose.
14.3 You must co-operate with other Users or Service Providers if a dispute arises and genuinely attempt to resolve the dispute.
14.4 Head 2 Tow has the right to hold any money that is the subject of a dispute in the Head 2 Tow’ administration account until the dispute has been resolved.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16.1 If you are a Service Provider and you receive a Job from a User through the Platform, you and the User must continue to make Bookings for your Services through the Head 2 Tow app or Head 2 Tow website. Providers may add additional cost to their final invoice in the form of material fee or miscellaneous fee. These additional fees should be charged at fair market value. Head 2 Tow reserve the right to audit any invoice which receives a complaint by a user. Any amendment or alteration to fees will be administered by Head 2 Tow.
16.2 You must not request payments outside of the Head 2 Tow Platform in relation to the Service.
16.3 Service Providers must have a bank account and be able to receive direct deposits from Head 2 Tow.
16.4 Service Providers who provide service must have General Liability Insurance, Towing providers must have 300,000 General Liability and 50,000 On-Hook coverage. Head 2 Tow must be a certificate holder.
17.1 These Terms shall be governed and construed in accordance with the laws of the United States
17.2 Head 2 Tow's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between On demand and you regarding the Platform, and supersede and replace any prior agreements held between you and Head 2 Tow regarding the Platform.
18.1 If you have any queries or complaints about Head 2 Tow’ Terms and Conditions, please contact: info@head2tow.com.
Head 2 Tow reserves the right, at its sole discretion, to modify or replace these Terms from time to time. If a revision is material, Head 2 Tow will try to provide at least 30 days' notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Platform. Your continued use of the Platform will be deemed as your acceptance of changes to the Terms.
20.1 Head 2 Tow will send you information and notices in electronic form only to your email address provided during registration for the Platform. You may change your email address for service by notifying Head 2 Tow through the Platform.
20.2 Notices must be given by you to Head 2 Tow by email only to info@head2tow.com
When a Service Provider accepts a User’s request to provide Services or complete a task, a contract is formed between the User and the Service Provider on the following terms, unless otherwise agreed between the parties:
21.1 Commencement and Term
The contract commences on the creation of the Job and will continue until:
21.1.1 the services to be rendered as described in the Booking, including any variations or amendments agreed before or subsequent to the creation of the Job are completed; or
21.1.2 agreed by the User and Service Provider for the Job.
21.2 Services
21.2.1 The Service Provider will perform the services:
21.2.1.1 in a proper and workmanlike manner; and
21.2.1.2 at the time and location agreed between the User and the Service Provider.
21.2.2 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the contract.
21.2.3 The Service Provider is not permitted to subcontract the services or any part of them to any third party without the User’s consent. If a Service Provider does subcontract the services or any part of them in accordance with this clause, the Service Provider remains responsible for any acts or omissions of the subcontractor in completing the Services.
22.3 Warranties
22.3.1 Each party warrants that the information provided in the Booking and in the Job is true and correct.
22.3.2 The Service Provider warrants that they have the ability to provide the Services lawfully and hold all relevant licences as required by law to perform the services.
22.4 Payment or Cancellation
22.4.1 Upon the creation of the Job, the User must pay the agreed price for the Services to the Head 2 Tow administration account;
22.4.2 When the Services have been completed by the Service Provider they must notify the User. If the Service Provider has completed the Services in accordance with clause 2, the User must confirm the Job is completed for the Service;
22.4.3 On confirmation of completion of the Job through the Platform (in accordance with clause 4.2), the Price is to be released to the Service Provider by Head 2 Tow.
22.4.4 If the User and the Service Provider agree to cancel the Job, or the Service Provider cannot be contacted to perform the Services, the Price will be returned to the User. If the User cancels the job more than 5 minutes after the Service Provider accepts the job, User will be charged a $35 cancellation fee. If the Service Provider arrives at the service location and the user cancels or the User is Gone on Arrival, the User will be charged the full amount of the service.
22.5 Limitation of Liability
22.5.1 Except for liability in relation to an implied guarantee or warranty that cannot be excluded by law, the parties exclude any liability arising out of or in connection with the Services, and any claims by third parties, or the contract.
22.5.2 The liability of the User and the Service Provider is limited to the Price under the contract.
22.6 Disputes
22.6.1 If a dispute arises, the User and the Service Provider will genuinely and reasonably attempt to resolve the dispute within 14 days by informal negotiation.
22.6.2 If the dispute has not been resolved after 14 days, Head 2 Tow will provide arbitration at the cost of the liable party.
In these Terms, except to the extent that the context otherwise requires:
23.1 “Booking” means the booking of a Service through the Platform when a User selects a Service from a Service Provider;
23.2 “Content” means information posted, linked, stored, shares and or otherwise made available on the Platform or through Head 2 Tow including text, graphics, videos or other material and listings for Services;
23.3 “Feedback” means a star rating the User must complete once the Services for a Job have been completed by the Service Provider.
23.4 “GST” means Goods and Services Tax as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999;
23.5 “Independent Person” means a person who the User and the Service Provider agree upon to mediate a dispute or failing agreement a person selected by On demand;
23.6 “Intellectual Property” means and includes all copyright and neighbouring rights, registered and unregistered trademarks, designs, all rights in relation to the Platform and inventions (including patents), processes, confidential information (including trade secrets and know-how) and all other rights resulting from intellectual activity;
23.7 “Job” means the Service or task for which a User engages a Service Provider to provide through the Platform;
23.8 “On demand” means On demand;
23.9 “Payment Method” means the method of payment selected by the User through the Platform when electing to utilize services;
23.10 “Platform” means the On demand platform, including the website head2tow.com and the mobile application ‘Head 2 Tow’ through which Service Providers can post or publish content advertising services or tasks they are available to provide and Users can commission or engage Service Providers to complete a Job;
23.11 “Price” means the sum agreed to be paid for a Service between a Service Provider and a User and includes the Service Fee and GST;
23.12 “Promotions” means any contests, sweepstakes or other promotion conducted by On demand;
23.13 “Service(s)” means the service(s) to be provided by a Service Provider to a User through the Platform;
23.14 “Service Fee” means the fee Head 2 Tow receives on payment being made for a Job;
23.15 “Service Providers” means businesses or individuals who hold an account with On demand to provide services or tasks in exchange for payment of the Price;demand to the Service Provider for the subscription, if a Service Provider elects to subscribe;
23.16 “Agreement Period” means one calendar year from the date of onboarding by a Service Provide;
23.17 “Terms” means these terms and conditions;
23.18 “Users” means a business or individual who engages a Service Provider to provide a service or complete a task through the Platform;
23.19 “We” or “Us” means Head 2 Tow;
23.20 “You” means the person or business who has signed up to use the Platform, whether User, Service Provider or otherwise.