Terms of Service
Terms of Service
Introduction
Welcome to Helpire. These are the terms and conditions governing your access to and use of the website www.helpire.com and its related sub-domains, sites, services, and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Helpire (“we”, “us” or “Helpire“) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with, or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Helpire Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Helpire. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
Eligibility for Membership
Helpire wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Helpire under this User Agreement or at law, Helpire reserves the right to limit or withdraw access to the Site or the membership of any person if Helpire believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Helpire. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
Sending Request
Users can access the Platform without registering for an account. To request contact, you will need to provide certain information. You agree to provide accurate, current, and complete information while sending a contact request or request submission process. You will provide true, accurate, current, and complete information about yourself as prompted by the Helpire request form (Request for Contact). You are solely responsible for the information you provide. You may not use another person’s Details while sending request, details including name, email, contact number, WhatsApp number, address or any other personal details Helpire is not liable for any losses by any party caused by unauthorized use of your Details. Notwithstanding the foregoing, you may be liable for the losses of Helpire or others due to such unauthorized use.
Platform for Communication
The platform is for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of services. Helpire does not buy or sell services. Helpire is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a customer or service provider will complete a transaction or accept the return of a service or provide any refund for the same. You will not hold Helpire responsible for other users’ content, actions, or inactions, or services or Information they list or post. In particular:
o Helpire is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of services from the service provider to the customer. The contract for the sale of any service shall be a strictly bipartite contract between the service provider and the customer. At no time shall any right, title or interest over any service vest with Helpire nor shall Helpire have any obligations or liabilities in respect of such service or the contract between the customer and service provider.
o Helpire is not responsible for the unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
o Helpire is not required to mediate or resolve any dispute or disagreement between users.
o Helpire has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users’ content or listings, the ability of service providers to sell services, or the ability of customers to pay for services.
o Helpire does not make any representation or warranty as to the attributes (including but not limited to quality, worth, or marketability) of the service proposed to be sold or purchased on the Site. In particular, Helpire does not implicitly or explicitly support or endorse the sale or purchase of any service on the Site, nor is Helpire a supplier of any service sold by users or purchased by users.
o Helpire does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
o The Site may include links to third-party websites that are controlled by and maintained by others. Helpire cannot accept any responsibility for the materials or offers for services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such services of a destructive nature and you acknowledge and agree that Helpire is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on the Site.
o Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other, and Helpire holds no responsibility in respect of such arrangements.
o Helpire will send messages via WhatsApp, SMS, email or notifications as means of communication for the purposes of including but not limited to appointment confirmation & appointment updates and marketing.
o Helpire accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
o Helpire excludes all implied warranties, terms, and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect, or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
o You release and indemnify Helpire and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
Fair Use
- By sending Request for Contact and using the Platform you agree to treat all Service Providers fairly, without any bias, prejudice, or racial discrimination.
- Helpire has a duty to create value for both Customers and Service Providers. As such, The Platform is not an online classified and is not free-to-use for Service Providers. To that end, we reserve the right to deactivate a User account if there has been any misuse of the Platform, such as but not limited to;
- Price fishing – any repeated Job posts that are deemed as time-wasting and solely for the purpose of receiving quotes.
- Leaking a job – an instance where a Customer colludes with Service Providers to take a job off the Platform. In such a case, Helpire will not be held liable for the service rendered by the Service Providers and that is not ‘Assigned’ on the Platform.
- Bad behavior – any defaming, use of abusive language on or off the Platform and any activity that puts the Service Providers at harm’s way
Delayed payments – Under no circumstances are Customers allowed to delay payment. All payments are to be settled with a service provider before or following the service.
Cancellation and Refund Policy
The user is allowed to cancel/reschedule or request a refund anytime by meeting, interacting, or communicating with Service Provider for the purpose of the cancellation and refund of services or by contacting us at support@helpire.com. Helpire does not buy or sell services. Helpire is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a customer or service provider will complete a transaction or accept the return of a service or provide any refund for the same. You will not hold Helpire responsible for other users’ content, actions, or inactions, or services or Information they list or post. Due to any unforeseen circumstances or internal reasons, Helpire reserves the right to cancel any job request at any point of time with communication to a user, and will not be liable to anyone for the same.
Content and Ratings
Content
“Content” refers to any listing, costing, pricing, financial information, location information, time schedule, forums, reviews, postings, messages, text, files, images, photos, or any other material posted on the Platform. By posting Content on the Platform:
- You grant Platform the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute, display, modify or create derivative works of the Content perpetually and for any lawful purpose Platform sees fit;
- you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
- you permit any other user of the Platform to access, display, view, store and reproduce such Content; and
- you grant the Platform the right to prohibit the subsequent access, storage, and reproduction or use of said Content by any party to any extent Platform sees fit.
- The platform is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Platform.
- Platform reserves the right to (i) refuse to share or display, (ii) move; or (iii) delete any Content posted on the Platform.
7.1.1 Ratings
“Rating” refers to any ratings and/or comments posted by customers in which the performance of the Service Provider is rated. By posting Ratings on the Platform, you warrant that:
- You are or have been a customer/client/user of the Service Provider in question;
- The statements of fact reflected in the ratings and/or comments posted by you are true or not materially different from the truth;
- The opinions reflected in the ratings and/or comments posted by you are genuine and honestly held by you.
- You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, harmful to other users, harmful to the business interests of the Platform, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or international law or regulation;
- You will not submit or post any material which constitutes junk mail or unauthorized advertising, including solicitation of other users to buy or sell any products or services without the prior written consent of the Platform.
- The Platform shall not be responsible for screening, editorial, or other control over ratings, comments, or other content and you acknowledge that the Site may include material that could be deemed distasteful, misleading, inaccurate, offensive, or otherwise objectionable.
- The Platform assumes no responsibility or liability for the preservation of content on the Site and may modify or remove it at its sole discretion.
Terms of Use
You agree to not post, email, or make available through the Platform any Content and/or Ratings that is objectionable to Platform or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email, or make available through the Platform any Content and/or Ratings that:
- is false or deceptive; unlawful, harmful, threatening, abusive, defamatory,
- is of a political nature and/or is critical of any government or municipal employee in any jurisdiction,
- is anti-Islamic or in any way derogatory towards Islam;
- is racist or discriminatory towards any race, religion, creed, nationality, gender or any other grouping of individuals, harmful to minors;
- impersonates any another person;
- includes personally identifiable information about another person without their permission;
- solicits the sale of goods or services, except when (i) posted in the appropriately designated area of the Platform for such sales, or (ii) emailed to another user of the Platform who expressly wishes to be contacted by you;
- includes links to other websites, except when (i) expressly approved by Website in writing, and (ii) posted in a posting uploaded by you in the appropriately designated area;
- advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
- violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
- contains any software viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful.
- is pornographic or any kind of nudity, sexually explicit or perverse content;
- contains any material related to terrorist or supporting acts.
You further agree not to use the Platform to:
- post, email, make available through the Platform or contact Platform or any other users of the Platform with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
- attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform,
For the avoidance of doubt, you must not use the site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The above list of prohibited content and actions is not exhaustive and Website reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or ratings, and/or conduct themselves in contravention of this Clause 5 from accessing the Platform.
Disclaimer
You expressly understand and agree that:
- You use the Site at your sole risk. To the maximum extent permitted by law, the Platform disclaims and excludes all implied conditions or warranties,
- It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark, or other intellectual property laws applicable in the United Arab Emirates. The Platform is not responsible for any Content submitted by a user that infringes another’s proprietary rights.
- The Platform does not warrant that the Services provided will be uninterrupted, timely, secure, or error-free, or that any information (including Content and/or Ratings) provided on the Site is accurate, error-free or reliable.
- The Platform does not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the Services or any other information available on this Site for any purpose. The Site and Services are provided on an “as is” and “as available” basis.
- The Platform does not warrant that this Site and the Services will be free of infection by viruses, worms, Trojan horses or anything else containing destructive properties.
- All the pictures shown is for illustration purpose only, actual product or service may vary.
- No advice or information that is obtained by you from the Site or the Platform or anyone else shall create any warranty by the Platform that is not expressly stated in these terms and conditions.
- The Platform does not make any warranties in respect of the Businesses featured or recommended on this Site or the services performed by those Businesses, including the services provided by those Businesses who are appointed to carry out jobs posted on the Platform Jobs.
- The Platform does not necessarily endorse, support, sanction, encourage, verify, or agree with the ratings and/or comments posted by users of the Site.
- Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute the Platform’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- The Platform and Services may contain links to other sites operated by third parties. The Platform does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Any information submitted by you directly to these third parties is subject to that third party’s terms and conditions.
- Helpire has the right to apply penalties to its service providers partners in the case of damage to the property or any belongings in order to protect the community. However, what happens to the client’s belongings and property during the service is solely the client’s responsibility. Helpire is not responsible for property and its belongings during the process of getting into the property or getting out of the property. Staff/Service Providers company partners or Helpire are not obliged to cover any damage(s) caused during or after the service.
- In no event shall the Platform be liable for any loss sustained by you arising out of or in connection with the use or performance of this Site by you or others, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss whether at law or in tort or otherwise.
- Helpire provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy, and non-infringement. Helpire makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Helpire makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability, and delays. The Site may also be unavailable from time to time due to repairs, maintenance, or development work. You agree that Helpire has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
The Platform operates as an online community portal for customers/clients and Businesses. The platform does not sell any item listed on the Site directly and is never a party to any transaction between Users. As a result, Platform does not i) guarantee or ensure any item listed on the Platform or any service or transaction between Users, ii) collect or process payment or transfer of title on behalf of Users, or (iii) warehouse, store, ship or deliver any item listed on the Platform. Furthermore, Platform is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and one or more other Users of the Platform, and Platform will not be liable in any way for any such interactions or dealings.
You will not hold Platform responsible for other Users’ Content, actions, or inactions. While we may help facilitate the resolution of disputes, Platform is not obliged to participate in any dispute between you and other User(s) of the Platform. We have no control over and do not guarantee the truth, accuracy, quality, safety, or legality of Content published; the ability of Businesses to perform the Jobs, the ability of customers/clients to pay for such Jobs.
You acknowledge that Platform does not monitor, verify, or approve Content and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Platform.
Intellectual Property Rights
- The Platform images and logos referenced in this Site and the contents of this Site are subject to intellectual property rights belonging to us. Other product and business names mentioned herein may be the intellectual property of the respective owners.
- Any rights not expressly granted herein are reserved. You agree not to breach any trademark, copyright, patent, design or other rights in relation to all trademarks, information, images, logos and other intellectual property included in this Site. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by us.
- You agree not to download, copy, transmit, “data-mine”, “scrape” or otherwise replicate any of the information on this Site, including Ratings, for any business purpose, whether by electronic or any other means whatsoever.
- You agree not to use any robot spider, scraper, or other automated means to access the Platform and collect Content for any purpose or otherwise copy or download Content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of commercial listings.
- You agree not to harvest or otherwise collect information about others, including email addresses, without their consent.
Privacy
- Helpire takes reasonable measures (physical, organizational, and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Helpire has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Helpire may process your personal information that you provide to it for the purposes of providing the services on Helpire and for sending marketing communications to you and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
Security Measures
- To prevent unauthorized access, maintain the accuracy of our records, and to ensure proper use and protection of your information, we have put appropriate physical, electronic, and managerial procedures in place.
- We have in place administrative, technical, and physical measures to protect the information we collect online. However, we cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet.
- Cookies: We may place a “cookie” (a small, unique identifier text file) on your system to remember who you are. We also may include other information in our cookie files; for example, if you arrived at this site via a link from a third-party site, we may include the URL of the linking page. Your personal details, such as your name or phone number, are not stored in a cookie. You may set your computer browser to reject cookies but this may preclude your use of certain parts of the Service. Note that third-party vendors, including Google, show Mr. Usta ads on sites on the internet and use cookies to serve ads based on a user’s prior visits to this website.
- Secure Socket Layer (SSL): This Website uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time Helpire asks you for credit card information for payment or for verification purposes on Helpire , the information will be accepted via SSL encryption. The credit card information you provide will not be stored on the servers of Helpire . The information is stored on the servers of the payment gateway provider which are secure and strictly compliant with PCI compliance norms. This is entirely for security and safety purposes. Helpire works with reputable and trustable payment gateway providers only. Once you choose to store or enter your credit card number on Helpire , it will be used for one-time use only and you will need to enter the credit card information again during your subsequent payment transaction.
- Without prejudice to any other rights and remedies of Helpire under this User Agreement or at law or otherwise, Helpire may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
- Helpire reserves the right to maintain contact between Service Provider and the Customer for the next 3 years from the date of submitting a request for contact to the customer was published on the platform.
Quality Assurance Program / Quality Control Policy
We conduct random quality inspections on a regular basis to review the quality of our crew members’ work while they are on duty.
Here are the 3 methods we use in maintaining the quality checks:
1. Unannounced Visit – To ensure cleaners are properly uniformed and performing their duties thoroughly and completely.
2. On-Site Inspection – A walk-thru with the cleaner and/or the client during regular business hours.
3. Follow-up – A brief telephone call by our customer service agents after your session has been completed.
Complaints
We always strive to have satisfied Users and therefore recommend that you contact us directly with any comments and / or complaints. You must advertise any errors or omissions in the Service that affect you in a harmful way. Complaints are made to support@helpire.com as soon as you discover errors or defects in the Service.
Indemnity
You agree to indemnify, defend and hold harmless the Website, its shareholders, officers, directors, employees, and agents from any claims, actions, demands, damages, losses or attorney fees alleging or resulting from your use or misuse of the Platform or any Content or any Ratings, your breach of these Terms and Conditions, your violation of any third party’s proprietary rights, or any disputes between you and one or more users connected to or arising from the Platform in any way.
Limitation of Liabilities
To the maximum extent permitted by applicable law, the Platform hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, resulting to you or a third party from:
- the use or the inability to use the Platform;
- services or goods acquired through the Platform;
- any Content and/or Ratings displayed on the Platform; or
- viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it
Severance
- The provisions of these Terms and Conditions shall be deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding.
- The Website’s delay or failure to exercise a right or act on a breach of these Terms and Conditions does not waive our right to do so in the future.
- You may not assign any part of these Terms and Conditions without the Platform’s express written permission. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice on the Site.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the UAE. All disputes arising out of or in connection with this agreement shall be finally settled by the Dubai courts. The parties have required that these Terms and Conditions and all related documents be drawn up in the English language. Helpire will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.