TERMS OF USE

1. ACCESS

   1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.

   2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

   3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.

   4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

   5. Which users have access to the different usage levels (Privilege User and End User) will be decided by you, our customer organization. Privilege User is a person who has access to administrative access to critical systems like who can set up and delete end user accounts. We shall not be liable or responsible to verify if the persons chosen to access such usage levels has provided accurate information or is competent to utilize the usage levels. We will not be responsible for the acts or omissions of the Users in relation to our Services.

2. REGISTERING ON THE WEBSITE

   1. When registering on the Website you must choose a username. You are responsible for all actions taken under your chosen username.

   2. By registering on the Website, you undertake-

      1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects;

      2. That you will notify us immediately of any changes to the information provided on registration;

      3. That you are over 18 years of age and you are competent to contract as per the applicable laws you are subject to;

      4. To only use the Website using your mobile number, to which a one-time password is generated and sent to you;

      5. To make every effort to keep your password safe;

      6. Not to disclose your password to anyone;

      7. To change your password and also notify us immediately upon discovering that it has been compromised;

      8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them;

3. ELIGIBILITY TO USE THE WEBSITE

   To be eligible to purchase products and services on this Website and lawfully enter into and form contracts with us, you must-

   1. Be 18 years of age or over;

   2. Be legally capable of entering into a binding contract;

   3. Complete the registration process;

   4. Agree to these Terms, Privacy Policy, and other agreements made applicable to you from time to time;

   5. Provide true, complete, accurate and up to date contact information.

4. INTELLECTUAL PROPERTY

   1. All intellectual property rights in and to the Website including its content is owned by us or our licensors; this includes the copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Helpie, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world), relating to, contained in or forming part of the Website or its contents.

   2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for internal business purposes of a non-commercial nature; Copying, storing or using the contents of the Website for other than such use is expressly prohibited.

   3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your organization’s internal business purposes of a non-commercial nature, and provided you keep intact all and any copyright and proprietary notices.

   4. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

   5. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

   6. No licence is granted to you to use any of our trade marks or those of our affiliated companies.

5. DISCLAIMER

   1. The Website is currently being offered in beta stage and as such there may be errors and bugs. We do not warrant that such bugs and errors will or can be resolved.

   2. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

   3. We will not be liable to you if the Website is unavailable at any time.

   4. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.

   5. Any prices and offers are only valid at the time they are published on the Website.

   6. All prices and descriptions supersede all previous publications.

   7. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

   8. Notwithstanding anything to the contrary contained herein the Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

   9. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

   10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

   11. We do not guarantee and shall not be responsible for the security or privacy of the Website and any information provided by you.

   12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, mobile, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

   13. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

   14. We do not warrant or guarantee that all categories of badges at partner events or non- partner events will be accurately scanned or will yield the desired results. Please note that certain categories of badges may not be scannable due to technical limitations, errors in printing or insufficient data access provided by the event organizers. We shall not be held responsible or liable for any inability of our scanners to retrieve data from badges, as our system is designed to retrieve only the data that has been given access to us by the event organizers. We are not responsible for any scanning errors or delays caused by external technical issues such as internet disruptions, system malfunctions, or other unforeseen operational constraints beyond our control. We are not liable for any loss, damage, or claim arising from the inability to scan certain badge categories or retrieve data due to issues outside our control.

6. USE OF THE WEBSITE

   1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.

   2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

   3. We shall provide reasonable technical support to you and your Privilege user at your request for setting up your account in the website and shall respond to enquiries of support within a reasonable period.

   4. We reserve the right to-

      1. Make changes to the information or materials on this Website at any time and without notice to you.

      2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.

      3. Refuse to post material on the Website or to remove material already posted on the Website

   5. You may not use the Website for any of the following purposes-

      1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

      2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise

      3. Breaching any applicable local, national or international laws, regulations or code of practice

      4. Gaining unauthorised access to other computer systems

      5. Interfering with any other person’s use or enjoyment of the Website

      6. Breaching any laws concerning the use of public telecommunications networks

      7. Interfering with, disrupting or damaging networks or websites connected to the Website

      8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website

      9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation

      10. To create and/or publish your own database that features all or substantial parts of the Website

      11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

   6. In addition, you must not:

      1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website

      2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to it

      3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack

      4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored, or any software used for the provision of the Website

      5. A breach of this clause may be a criminal offence under applicable law. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. TERMINATION OF ACCESS

   1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:

   2. You fail to make any payment to us when due

   3. You breach the terms of these terms and conditions (repeatedly or otherwise)

   4. You are impersonating any other person or entity

   5. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

   6. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

   7. We may also terminate your access to the Website upon the expiry of your subscription or trial or free usage period.

8. PAYMENT OPTIONS

   1. If you do not qualify for a trial plan, your use of the Website and our services thereunder shall be subject to you agreeing to pay the applicable subscription fee. In such cases, if you choose to terminate your subscription, we shall reserve the right to refund any unutilized subscription fee. Please feel free to seek clarification on how the refund amount is computed in the case of a termination by writing to support@helpie.io,

   2. The various modes of payment permitted by us are as follows a) Credit Card b) Debit Card c) Net banking d) wire transfer d) Cheque. It is clarified that even if you intend on paying with a wire transfer, by cheque payment or other methods, we require a valid credit card on file as a condition of subscribing in order to ensure the all of the many pay-per-use features offered within us can and will be paid for at the time of use.

   3. Any charge levied by banks or payment gateway is independent and has no connection with us. We shall have no liability in case of any charge levied by banks or payment gateways.

   4. For payments made other than through cheque, you will be directed to a payment gateway. We do not have access to or retain any information you share with the payment gateway. You use such payment gateway at your own risk.

9. CONFIDENTIAL AND PERSONAL INFORMATION

   Any information that is required to be collected by us shall be maintained/ used by us in accordance with the provisions of our Privacy Policy.

10. LIMITATION OF LIABILITY AND INDEMNITY

    1. To the extent permissible under the law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, information, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of these Terms or use or reliance by you on the Website, its contents, or our product or services.

    2. Notwithstanding the generality of the above, we will not be liable, in contract or delict/tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these Terms even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach-

       1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

       2. Any loss of goodwill or reputation; or

       3. Any special or indirect losses; or

       4. Any loss of data

       5. Wasted management or office time

       6. Any other loss or damage of any kind

    3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

11. USER DATA

    1. We may use user data collected by or through the Website in an aggregated or anonymized format for research, further development and improvement of the Website or our other offerings, educational and other similar purposes. You expressly grant us the right to use and analyse aggregate system activity data associated with use of our Website for the purposes of optimizing, improving or enhancing the way the Website or our other offerings operate, and to create new features and functionality in connection with the Website and such other offerings.

12. FEEDBACK

    1. If you provide us any comments, bug reports, feedback, or modifications for the Website or our offerings, we shall have the right to use such feedback at its discretion, including, but not limited to the incorporation of such suggested changes into our Website / our offerings. You (as applicable) hereby grant us a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your feedback for any purpose. We shall have the right to modify or remove any feedback provided in the public areas of the website if we deem, at our discretion to be, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful.

13. THIRD-PARTY SITES, PRODUCTS AND SERVICES

    1. We may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Unless otherwise specifically and explicitly indicated, we do not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

    2. Any content referred to as community provided is provided by third parties and not developed or maintained by us. By using any community marked code or libraries in your software development, you acknowledge and agree that we are not in any way responsible for the performance or damages caused by such community provided code or library.

14. GENERAL

    1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

    2. If any provision of these Terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.

    3. All contracts between us are concluded and available in English only.

    4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

    5. A waiver by us of any default shall not constitute a waiver of any subsequent default.

    6. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

    7. Please note that your interaction and access to the Website, would depend on your specific user level as may be set

15. FORCE MAJEURE

    1. You understand and agree that we shall not be liable for any loss or damage with respect to the use of this Website and / or making any reservations if the same arises out of Force Majeure or an act of God or any other cause which is beyond the reasonable control of us, including but not limited to, any event such as war, equipment and technical failure, electrical power failure or fluctuation, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks,

16. NOTICES

    1. Any notices or other communications permitted or required hereunder, will be in writing and given by us (i) via email (in each case to the address that you provide) or (ii) by posting to the Website or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

17. Grievance Redressal

    1. We make our best efforts to provide the best quality of Services. However, if any person has any grievance with respect to any aspect / feature of the Website, you may write to support@helpie.io, or you may write to us in the feedback section of the app.

18. Relationship of the Parties.

    1. The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and us, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

19. Governing law and jurisdiction

    1. Any disputes arising out of or in relation to these Terms shall be governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between you and us shall be submitted to the arbitration to be conducted in Mumbai, India in English language, in accordance with the provisions of Arbitration and Conciliation Act, 1996, by a sole arbitrator (appointed by us), and the award made in pursuance thereof shall be binding. Subject to the arbitration provisions you agree that the courts in Mumbai shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with these Terms or the Website or our offerings Services provided by us.

Note: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section

Last Updated: 20 ^th September, 2024.