Terms of Service – Helpee
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Terms of Service

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICE (AS DEFINED BELOW), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THE TERMS OF USE. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE SERVICE AND WISH TO DISCONTINUE THE SERVICE, PLEASE DO NOT CONTINUE USING THE APPLICATION (AS DEFINED BELOW) OR THE SERVICE.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you (whether as a Task owner and/or as a Helper) and HELPEE-TECH INC. (COMPANY NO. CS201808208) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to connect persons seeking labor services (“Task owner”) with persons seeking to earn money by doing the said services (“Helper”) (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://www.helpeeapp.com/ or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.helpeeapp.com/. You agree that it shall be your responsibility to review the Terms of Use regularly.

You are labeled as a Task Owner, when you create a task, and/or as Helper, when you are seeking to do tasks created by a Task Owner (other than yourself), whenever you use the Service and/or the Application.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE LABOR SERVICES AND THE COMPANY IS NOT A LABOR SERVICE PROVIDER. IT IS UP TO THE HELPERS TO OFFER LABOR SERVICES TO A TASK OWNER AND IT IS UP TO THE TASK OWNER TO ACCEPT SUCH LABOR SERVICES. THE SERVICE OF THE COMPANY IS TO CONNECT A TASK OWNER WITH A HELPER, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE LABOR SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAYS AS AN ACT OF A LABOR SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY HELPERS AND/OR HELPERS.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under that age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize other to use your identity or user status, and you may not assign or otherwise transfer your user account to any person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software and/or Application for our device. The Company is not liable if you do not have a compatible device or if you have downloaded and/or are using the wrong version or an outdated version of the Software and/or Application to your device.

The Company reverses the right not to permit you to use the Service should you use the Application and/or Software with an incompatible or unauthorized device or for purpose other than which the Software and/or the Application is intended to be used.

By using the Software and/or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make false tasks;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact any helper and/or task owner for purposes other than what the Service is intended;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to a Task owner and/or a Helper.
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software and/or the Application or other content without written permission for the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password and/or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that you can only have one (1) account.
  • You agree to provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Task owners and/or Helpers;
  • You are aware that the using the Service and/or Application, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself (either as a Helper or as Task owner), the person connected to you within the Service (either a Task owner or a Helper), the Company or any third party as a result of any breach of the Terms of Use.

Task

A “Task” is referred to the task created by a Task owner using the Application.

Ongoing task is referred to a task where a Task owner already accepted a Helper.

By creating a task, you agree that:

  • You will provide accurate and complete information about a task;
  • You agree that the price you set for a task is reasonable to the amount of work needed for the task;
  • You agree that the minimum price for a task is Php 50.00 and the maximum price is Php 1,000.00
  • You agree that a fee set by the Company will be included in addition to the price you set for a task;
  • You will pay the full amount, price you set plus the fee, to the Helper in cash right after the completion of the task;
  • You agree that the fee set by the Company is subject to change with or without public notice;
  • You will not create tasks that will harm yourself, a Helper, the Company or any other third party in any way whatsoever; and
  • You will not create tasks that violates the Philippine law.

1.1 Applying for a task

By applying for a task, you agree that:

  • You agree that you cannot apply for a task without sufficient Helper Credits;
  • You are capable of accomplishing the task based on the information provided;
  • You agree that you will be paid exactly with the amount set for the task.
  • You will not harm yourself, a Task owner, the Company or any other third party in any way while doing a task and/or using the Service; and
  • You will not apply for a task that violates the Philippine law.

1.2 Accepting a Helper

By accepting a Helper to do your task, you agree that:

  • You will provide the resources needed to accomplish the task unless you specifically state otherwise in the task description; and
  • You agree that it is your own personal decision to accept a Helper and the Company or any third party does not have any impact in your decision.

1.3 Cancelling a task

By cancelling a task, you agree that:

  • You agree that cancelling an ongoing task will incur penalties on your account; and
  • You agree that the Company reserves the right to deactivate your account when you reach a certain cancellation rate.

1.4 Payment

Once a task is completed, the Task owner is required to pay the full amount to the Helper. If you have any complaints in relation to the service provided, then that dispute must be taken up with the Helper

Helper Credits

  • You may purchase credits (“Helper Credits”) which will be used when applying for a task. The maximum amount of Helper Credits that you can hold at any time is Php 5,000.
  • You may choose to purchase Helper Credits through any methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you selected.
  • The Company may at its sole and absolute discretion reject your request to purchase Helper Credits for any reason whatsoever, including without limitation, in accordance to balance limits set by Banco Sentral.
  • The Helper Credits will be valid for one (1) year from the date of their last use. The Company shall have the right to deal with the expired Helper Credits in such manner as it deems fit in its absolute discretion.
  • The Helper Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value.
  • You will not receive interest or other earnings on your Helper Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your Helper Credits.
  • You agree that you, as a Task owner, cannot pay a Helper using Helper Credits.
  • You agree that sufficient amount of Helper credits is required to apply for a task.
  • You are aware that the required amount of Helper Credits needed to do a task is displayed within the task information in the Application.
  • You agree that required amount of Helper credits to do a task may vary amongst the tasks and it is set by the Company.
  • You agree that your Helper Credits balance will be deducted when you are accepted, as a Helper, to do a task.
  • You agree that the deducted Helper Credits will not be refunded if you, as a Helper, cancelled an ongoing task.
  • Deducted Helper Credits will be refunded to you if a Task owner cancelled an ongoing task wherein you are the Helper of the said task.
  • You may check your Helper Credits balance in the Application. The Helper Credits balance set out in the Application shall serve as a conclusive evidence of your Helper Credits balance.
  • The Company has the right to forfeit your Helper Credits where it reasonably believes that the credit purchase may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

Verification

The Application includes a verification feature which you can use to verify your identity.

By using the verification feature, you agree that:

  • You agree that the verification process will take up to 5 business days.
  • The Company may at its sole and absolute discretion reject your request for verification for any reason whatsoever.
  • The Company may use your verification information to display to other users that you are verified.

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

Ratings

The Task owner or the Helper associated to you or to your task has the right to rate you as a Task owner or as a Helper. Every rating will be based on, but not limited, to your conduct or behavior, before, during, or after the task has been completed.

Every rating will be automatically logged onto the Company’s system and you agree that the Company may analyze all ratings received and reserves the discretion to take all appropriate actions including suspending your use of Service without any notice to you.

License Grant and Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any software or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark, or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possible damage the Company’s reputation or amount to being disreputable.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its service, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know to it to fulfill its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third party having the right to disclose it; or
  • is required to be disclosed by law.

Indemnification

You agree to release, defend, indemnify, and hold the Company, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, loses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, third party providers, Task owners, Helpers, partners, advertisers and/or sponsors, or (b) your violation or breach of any Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including the Task owners and/or Helpers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.

Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OF THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE HELPER ASSOCIATED WITH YOU BY THE SERVICE. THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES INCLUDING BUT NOT LIMITED TO THE HELPERS’ SERVICES OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE HELPERS’ SERVICES OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, SEIZURE UNDER LEGAL PROCESS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE SERVICES PROVIDED BY THE HELPERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICES OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE TASK OWNERS’ AND/OR HELPERS’ SERVICES OR MATTERS RELATING TO THE TASK OWNERS AND/OR HELPERS.

General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party as a result of the Terms of Use or use of the Service.

If any provision of the Term of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledge and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any costs incurred by you in the course of you acquiring services from a Task owner and/or Helper under this Agreement.

If you have any questions about the Terms of Use please email us at [email protected]