2. Service Connects Helpirs and Wantirs
The Service constitutes a technology platform which enables a connection between Helpirs and Wantirs. Wantirs are individuals and/or businesses looking to obtain help from Helpirs for the services offered. Helpirs are individuals and/or businesses looking to perform Services (“Quests”) for Wantirs. Wantirs are clients (“direct customers”) of Helpirs. Wantirs and Helpirs together are referred to as “Users”. YOU ACKOWELDGE THAT HELPIR DOES NOT FUNCTION AS A GENERAL CONTRACTOR OR SUB-CONTRACTOR OR EMPLOYER.
3. Service Only Provides a Communicative Technology Platform
The Service is a communicative technology platform for facilitating connections between Users (“Helpirs and Wantirs”) for the completion of Quests. Company is not responsible for the quality and performance of Helpirs, nor does it have control over the scheduling, timing, legality, failure to provide, and any other aspect whatsoever of any user. Company does not control the integrity, responsibility, trustworthiness, or any other of the actions or omissions whatsoever of any Users. Company does not directly represent any User in any way and has no responsibility over the qualifications, suitability, reliability, or timeliness of Users.
4. Helpir Pro-Team
Services completed by the Helpir Pro-Team act as services completed by Users.
Users of the Service contract for specific Quests directly with other Users of the Service. Company is not a party to direct contracts for services. Users of the Service are required to provide their credit card, PayPal, or bank account details to Company and the Payment Service Provider (“PSP”) retained by the Company.
Pricing terms of the Quest are determined by an hourly rate set forth by the Helpir. Company provides suggested hourly rates based on the type of service category or Quest selected by the Wantir. The hourly rates are determined by the Helpir with sole discretion.
Wantirs are responsible for paying the invoice for each Quest or bundle of Quests (“multiple Quests treated as a single Quest”), which include:
- The pricing terms of the Quest or bundle of Quests agreed with and provided by the Helpir for the appropriate number of hours worked agreed with by both parties of Users. The Quest Payment is determined by multiplying the agreed upon hourly rate for the Quest by the total number of hours performed for the Quest.
- Material costs included with and/or necessary for completion of the Quest agreed with and submitted by the Helpir. As well as any other out of pocket expenses agreed with and submitted by the Helpir in connection with completion of the Quest.
- Tip or gratuity provided to the Helpir, if applicable.
- The Helpir Finder Fee the Company assesses for providing the communication platform, based on the final Quest Payment amount. The Helpir Finder Fee will be added to the invoice on top of pricing terms discussed in sections (i), (ii), and (iii).
Users may be required to register or sign up with the Payment Service Provider retained by the Company. The Company is not a party to the PSP (“”) Agreement and that you (the User), the PSP and any other party listed in the PSP Agreement are the sole parties involved. The Company has no responsibility or liability to any User under the PSP Agreement.
Upon notification through the Service or User that a Quest has been successfully completed, the Wantir authorizes Company to provide User’s payment information to the PSP for processing of the Quest Payment and all associated expenses included within the Quest.
Quest Payments and all associated expenses must be paid through the Service. Users are liable for any taxes required to be paid on the Services provided.
5. User Vetting Process
Users may be subject to an extensive vetting and onboarding process before registering for the Service. Some Users may be subject to a more detailed vetting and onboarding process than others. The vetting and onboarding process includes but is not limited to Company survey and forms, identity verification, and comprehensive national criminal background check. Company will use third party services to complete the vetting and onboarding processes as necessary.
As Company conducts extensive background checks, Company cannot confirm the identity of each User or that each User is who they claim to be. Therefore, Company cannot and does not take any responsibility for the accuracy, or lack thereof, of background check and identity information provided through the Service or affiliated third parties.
Users should use caution when interacting with other users. Proper introductions with name and general contact information is recommended upon first meeting as to protect both parties. Protect yourself and personal property just as you would when interacting with a stranger. If an emergency were to occur, contact local authorities (dial 911) before contacting Company.
THE COMPANY AND ITS AFFIALITES OR IN NO WAY RESPONSIBLE FOR THE CONDUCT OF ANY USER, ONLINE OR OFFLINE, AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES FROM ANY ANF ALL LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES WILL NOT BE HELD LIABLE FOR ANY CLAIMS ARISING IN CONNECTION WITH THE SERVICE. CLAIMS IN CONNECTION WITH THE SERVICE IN WHICH COMPANY AND ITS AFFILIATES ARE NOT HELD LIABLE INCLUDE BUT ARE NOT LIMITED TO ONLINE OR OFFLINE THREATS, INJURY, DAMAGE, AND DEATH.
All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Helpir (“Company”) or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved. Users hereby give consent to Company to conduct all aspects of the vetting and onboarding process including conduct background checks as often as required in compliance with federal laws, state laws, and the Fair Credit Reporting Act.
7. Third-Party Web Sites
The Service is only a venue (“Technology Platform”) for creating connections between Users. Company is not involved or associated with the actual contract between Users or the completion of Quests, and you hereby release Company (including officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, damages, demands, or threats (actual and consequential) of every kind of nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes or disagreements between Users.
YOU HEREBY AGREE, COMPANY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICE.
9. Use of Site Content; Restrictions; Password
Helpir hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print the content and functionality displayed on this Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Helpir's prior written consent.
Also, you agree not to interrupt or attempt to interrupt the operation of this Site or access thereto by other users. You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Site, or access to this Site. You agree that information you provide to this Site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Site.
Further, you agree to take reasonable precautions to maintain the confidentiality of your account name and password for full access to this Site.
10. Notices of Infringement
Helpir prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this Site, please write to Helpir at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on this Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Helpir will remove any posted content that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). Helpir's contact for submission of notices under this Section 10 is: firstname.lastname@example.org.
THE CONTENT AND FUNCTIONALITY ON THIS SITE IS PROVIDED WITH THE UNDERSTANDING THAT HELPIR IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HELPIR AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. HELPIR SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THIS SITE, OR PROVIDED BY THIRD PARTIES. NEITHER HELPIR NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
12. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of New York, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied. Any dispute between you and Helpir described in the previous paragraph shall be brought before an alternative dispute resolution body within Albany County. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute.
Any dispute between you and Helpir arising out of or relating in any way to your access or use of this Site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party's written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator. You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Helpir.
Should mediation or arbitration as described herein not take place or not completely resolve a dispute for any reason, you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate federal or state court located in Albany County, New York State, and you hereby submit to the jurisdiction of these courts.
You agree to indemnify and hold Helpir and, where applicable, its parent, subsidiaries, officers, directors, agents and employees, as well as manufacturers and distributors whose content appears on this Site, harmless from any claim or demand, including reasonable attorney's fees, made by any third party arising out of or related in any way to your access, inability to access or use of this Site, or any breach by you of these Terms.
If any court of competent jurisdiction deems any provision of these Terms to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of these Terms, and the remaining provisions shall remain in full force and effect. The headings in this section of this Site are intended solely for convenience and are not considered to be terms within these Terms. These Terms constitutes the entire agreement between Helpir and you with regard to your access and use of this Site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.