Terms of Use

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Access to and use of the website located at www.helfie.ai, including any sub-domains, as may be added to or varied by us from time to time (Website) and the products and services available through the Website (Services) is subject to the following terms and conditions (Terms of Use). By using or accessing the Website you agree to be bound by these Terms of Use.

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In these Terms of Use, a reference to we, us and our means Helfie Management Pty Ltd. A reference to you or your in these Terms is a reference to any person, accessing, reviewing or using the Website.

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Except to the extent that these Terms of Use apply or as required by law, your use of the Website and receipt of any information from it does not create any legal relationship between you and us.

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1. Amendments to Terms of Use

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We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately once they appear on the Website. Your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.

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2. Website

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Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.

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​3. Linked Sites

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The Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

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4. Website Health  Check

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Health check applications might from time to time be accessible via the Website. The use of our health checks is subject to end user terms and conditions contained in the relevant application. Information or data collected in these checks is used strictly in accordance with our Privacy Policy. Depending on your device settings, the computer or mobile device being used for these checks might request permissions, for example, the use of your microphone to record audio. Read the permissions carefully before proceeding and read our Privacy Policy for more information about how your data is stored and used.     

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5. Contact Us

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Information provided to us when you contact us via e-mail, mail or via any other method made available to you on the Website is used strictly in accordance with our Privacy Policy. When a message is received, we will endeavour to respond as soon as practicable. We make no representations regarding when a response will be received, and ask that if you have not heard back from us within five (5) business days that you contact us again.

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6. Privacy policy

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Our privacy policy, which sets out how we will use your information, can be found at https://www.helfie.ai/privacy-policy. By using the Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

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7. Your Obligations

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By accessing and using the Website you warrant and agree that you will:

1. be solely responsible for all activities that occur as a result of your use of the Website;

2. use it for your business or personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests;

3. keep any passwords, account names, tokens or login identifications required to access any Services secure and confidential;

4. not hide, deface, alter or delete any copyright symbol, trade mark, logo or other proprietary rights notice;

5. not copy or seek to replicate in any way or allow anyone else to copy, replicate in any way any copyright symbol, trade mark, logo or other proprietary rights notice;

6. not attempt to use more than the number of  free trials that have been allocated per person via the Website;

7. not use the Website for any activity which is obscene, indecent, offensive or defamatory;

8. refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website;

9. refrain from changing any administration settings on any part of the Website without our permission;

10. refrain from connecting the Website to any other network not authorised by us;

11. not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence, defamatory, or in any way offensive or obscene;

12. refrain from using any part of the Website to send commercial electronic messages in contradiction of the Spam Act 2003 (Cth);

13. refrain from uploading onto the Website any material, or use the Website in any way which infringes the intellectual property rights of any person or which is unlawful or may violate any law including those arising in contract, tort, equity, restitution, by statute, at common law or otherwise.

14. not breach any other terms of these Terms of Use, our Privacy Policy and any other policies which may apply to you;

15. not do any other thing that may be deemed by the Website Owner to be contrary to the spirit, intention and purpose of these Terms of Use.

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Breaching any of this clause 7 entitles us to report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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8. Information Security

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1. The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, we are not liable for any breaches of security of the Website and you use the Website entirely at your own risk.

2. We do not warrant that functions available on the Website will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.

3. Your ability to access the Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that the Website will be accessible through all web browsers or that it will be accessible at all times.

4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, 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 Website or to your downloading of any material posted on it, or on any Linked Sites.

5. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) prior to using the Website.

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9. Intellectual property, software and content

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The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remain our property or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appear on the Website nor may you use any such content in connection with any business or commercial enterprise.

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10. Disclaimer of liability

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1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, to the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and are not liable for any damages whatsoever, including, but without limitation, for any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

2. This does not affect our responsibility under the Australian Consumer Law or any other applicable laws and regulations to ensure that its Website does not constitute a misrepresentation or negligence or breach of any applicable laws.

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11. Linking to the Website

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You may only provide a link to the Website, and then only to the home page, with our express written permission. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.. We reserve the right to withdraw linking permission without notice and without cause.

 

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​12. Disclaimer as to ownership and third-party copyright

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Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

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13. Indemnity

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You agree to indemnify, defend and hold us harmless, as well as our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of the Terms of Use.

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14. Variation

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We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Website.

 

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15. Entire Agreement

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This Agreement constitutes that complete understanding and agreement of the parties with regards to the use of the Website and supersedes all prior understandings, representations or agreements between the parties whether verbal, oral or in writing.   

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16. Invalidity

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If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

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17. Jurisdiction

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The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria and you agree to submit the jurisdiction of those courts.

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18. Complaints

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We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us via e-mailing at support@helfie.ai.