Welcome to helphandles.com, a web based subscription service from helphandles.com and each of its wholly-owned subsidiaries (hereinafter “HELPHANDLES.COM”, “we” or “us”). These Terms of Service govern your use of the HELPHANDLES.COM software and any additional services offered by or available from HELPHANDLES.COM (the “Services”). Please read these Terms of Service carefully.
YOUR ACCESSING OF THIS WEB SITE AND USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”) DISCLOSED HEREIN. YOU AND HELPHANDLES.COM INTEND THAT THIS IS A BINDING LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS, DO NOT USE THE SERVICES. VIOLATION OF THESE TERMS OF SERVICE WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE SERVICES.
1. CHANGES TO THE TERMS OF SERVICE
We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms.
2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the HELPHANDLES.COM Services electronically. We will post the notices on the home page of HELPHANDLES.COM or on the relevant web page of the applicable service.
4. CHANGES TO HELPHANDLES.COM
We may discontinue or change any service or feature of HELPHANDLES.COM at any time, provided we provide you with not less than fourteen (14) days prior notice.
5. SERVICE TERMS
You may use the HELPHANDLES.COM Services for lawful, authorized purposes and only in accordance with these Terms of Service.
You must be 13 years or older in order to use the Services
You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.
Your login may only be used by you. You may not share your log in with anyone else. Additional, separate logins are available through the Service.
You are responsible for maintaining the security of your account and password. HELPHANDLES.COM accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation.
You are responsible for all of the content posted and activity that occurs under your account.
One person or legal entity may NOT maintain more than one free account.
You may not submit any material, or otherwise engage in any conduct that:
Impersonates any person, business or entity, including HELPHANDLES.COM and its employees and agents;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
You may not use the HELPHANDLES.COM Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the HELPHANDLES.COM services.
You may not attempt to gain unauthorized access to any HELPHANDLES.COM Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
6. LICENSE TO USE HELPHANDLES.COM
HELPHANDLES.COM grants to you (either to you individually or the company for whom you work) a non-exclusive, limited license to access one copy of the HELPHANDLES.COM Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the HELPHANDLES.COM Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a “Computer”). HELPHANDLES.COM reserves all rights not expressly granted herein.
HELPHANDLES.COM or its licensors are the owner of all right, title, and interest, including copyright, in and to the HELPHANDLES.COM Services. Copyright to the individual programs available through HELPHANDLES.COM (the “Software”) which in turn are used to deliver the HELPHANDLES.COM Services to you are either owned by HELPHANDLES.COM or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with HELPHANDLES.COM and its licensors.
Restrictions on Use and Transfer
You may use only that copy of the HELPHANDLES.COM Services associated with your account.
You may not:
rent or lease the HELPHANDLES.COM Services;
transfer HELPHANDLES.COM Services;
copy or reproduce the HELPHANDLES.COM Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
modify, adapt, copy or create derivative works based on the HELPHANDLES.COM Services; or
reverse engineer, decompile or disassemble the HELPHANDLES.COM Services.
Disclaimer of Warranties
We provide HELPHANDLES.COM “as is” and “as available” and you use the HELPHANDLES.COM service at your own risk. We make no express warranties or guarantees about HELPHANDLES.COM. TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT HELPHANDLES.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH HELPHANDLES.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT HELPHANDLES.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HELPHANDLES.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE HELPHANDLES.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HELPHANDLES.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilized.
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE OR SERVICE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF HELPHANDLES.COM. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF HELPHANDLES.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON HELPHANDLES.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of HELPHANDLES.COM. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of United Kingdom, as determined by Licensor in its sole discretion, govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved exclusively by a court located in United Kingdom, at Licensor’s sole discretion and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
This Agreement constitute the entire understanding between you and HELPHANDLES.COM and supersedes all prior agreements, whether oral or written, between us and may not be modified or amended except in a written document signed by both parties and which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by a court or tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, each and every other provision shall continue to apply and remain in full force and effect.
9. COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload are yours. We do not pre-screen any content, however, we retain the right, but not the obligation, in our sole discretion, to refuse or remove any content that violates this Terms of Service Agreement.
10. SEVERABILITY AND INTEGRATION
Subject to any amendment to this agreement, the Service is available in a free and in several paid versions. The prices and payment of the paid versions are based on the current price list which you can view at the http://www.helphandles.com website.
HELPHANDLES.COM has the right to change prices and terms of payment for the Service from time to time. HELPHANDLES.COM will inform you about changes in prices or terms of payment via the website. The change in prices and payment will be made, however, at the expiry of the actual agreed contract period. Your continued use of the Service after such knowledge is taken as acceptance of those changes.
Unless otherwise agreed, all prices are in USD or EUR. Upon termination, all outstanding claims will become immediately due and - if this applies to you - will be collected via your account agreed recovery method.
Downgrading your Service may cause the loss of content, features, or capacity of your account. HELPHANDLES.COM does not accept any liability for such loss.
The minimum term for this agreement is listed in the pricelist on the HELPHANDLES.COM website. If you do not cancel your subscription with the Service, the term will automatically be extended by the minimum term. Your right to use HELPHANDLES.COM automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of HELPHANDLES.COM. We reserve the right, in our sole discretion, to terminate your access to all or part of HELPHANDLES.COM, in the event of you breach these Terms of Service, with or without notice.
You are solely responsible for properly cancelling your account. You can cancel your account at any time by written notice as follows:
15 Larner Close
Bletchley, Milton Keynes
All of your content will be immediately deleted from the Services upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. HELPHANDLES.COM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other HELPHANDLES.COM service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. HELPHANDLES.COM reserves the right to refuse service or the Services to anyone for any reason at any time.