Helptimize Agreements with each User
TERMS AND CONDITIONS
Last updated: November 15, 2020
TERMS OF SERVICE AGREEMENT
THIS TERM OF SERVICE AGREEMENT (“Agreement”) is made between Helptimize, Inc. (“Company” or “us”) and any person with an account (“User” or “you”) for using the information exchange platform (“Service”). Company and User are called the “parties.”
BY CREATING AN ACCOUNT, AGREEING TO TERMS, OR ACCESSING, USING OR INSTALLING ANY PART OF THE COMPANY’S SERVICE, USER AGREES TO ALL TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION.
1. Agreement / Contractual Relationship
The terms specified govern the access or use by you from within any country in the world (including the United States and its territories and possessions) of applications, websites, content, products, and services provided by Company, a Delaware corporation.
READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. In these terms, the words “including” and “include” mean “including, but not limited to.”
Your acceptance of the terms stated herein constitutes an agreement between you and Company. If you do not agree to the terms, you may not access or use the Service. The terms supersede prior agreements or arrangements with you. Company may immediately terminate these terms or any parts of the Service, or generally cease offering or deny access to the Service or any portion thereof, at any time for any reason.
Supplemental terms may apply, and such supplemental terms will be disclosed to you with the Service. Supplemental terms are in addition to, and shall be deemed a part of, the terms provided herein for the Service.
Company may amend the terms or policies related to the Service from time to time. Amendments will be effective upon Company’s posting of such updated terms or amended policies for the applicable Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by the terms, as amended.
PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS DISPUTE RESOLUTION PROCESS, ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL ITS TERMS, AND HAVE TAKEN TIME TO CONSIDER THE LEGAL CONSEQUENCES.
Informal Dispute Resolution
For any disputes not involving the Company, you may request an informal dispute resolution with Company by making a request through Company’s customer service department. Company will assign a neutral attorney from Smith McBroom, PLLC to attempt to resolve the dispute. Smith McBroom, PLLC acts as general counsel for Company and shall act as a third-party neutral for resolving the dispute between the Buyer(s) and Seller(s). This shall not prejudice your rights to seek further mediation or binding arbitration as detailed below. The parties agree to split the cost of the informal dispute resolution process equally no matter which party (buyer/seller of services/products) is disputing the agreement service and a minimum payment for one hour of this informal dispute resolution process shall be made in advance of the resolution session at the regular hourly rates charged by Smith McBroom, PLLC. The informal dispute resolution session shall be conducted by phone and most of the time will be limited to one hour.
Prior to engaging in binding arbitration provided below, you agree to try and resolve any claim you may have against Company individually through a request for mediation in King County, Washington. The request for mediation shall be requested within ninety (90) days of the dispute arising or as otherwise mutually agreed between the parties in writing. The request for mediation shall be conducted by Washington Arbitration & Mediation Services (“WAMS”) in Washington with the venue in Seattle, Washington. The parties shall split the cost of the mediation session and shall mutually agree upon a mediator amongst the panel of mediators at WAMS. If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the WAMS Mediation Rules, such Dispute shall be referred to and exclusively and finally resolved through binding arbitration under the WAMS Arbitration Rules. This provision does not prohibit a party from making a demand for arbitration before the sixty days (60) days.
You agree to resolve any claim you may have against Company individually or against other Users individually in binding arbitration, as set forth herein. This will preclude you from bringing any class, collective, or representative action against Company Inc, and precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Company by someone else.
Agreement to Binding Arbitration.
You and Company agree that any dispute, claim, counterclaim, third-party claim, defense, or controversy arising out of or relating to (a) the terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to the terms, shall be settled by binding arbitration between you and Company or you and another User, and not in court.
You agree that you and Company are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action, mass tort, or representative proceeding. Unless both you and Company otherwise agree in writing, any arbitration will be conducted only individually and not in a class, collective, consolidated, or representative proceeding. You and Company retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The binding arbitration shall be administered by Washington Arbitration & Mediation Services in Washington State (“WAMS”) with jurisdiction and venue in King County, Washington. The parties acknowledge and agree that Washington law shall govern all disputes.
The parties agree the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Arbitrator shall also determine all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including, but not limited to, waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the terms, the parties agree this Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs its interpretation and enforcement and proceedings. It is the intent of the parties that the WAMS Arbitration Rules shall apply.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the WAMS Arbitration Rules. The Demand shall be made within one hundred twenty days after a request for WAMS mediation as described above. WAMS provides a form Demand for Arbitration - Consumer Arbitration Rules on its website or you may call WAMS at 1-800-933-6348. The Arbitrator shall be (1) a retired judge or (2) an attorney specifically licensed to practice law in Washington and will be mutually selected by the parties from WAMS’ roster of consumer dispute arbitrators. If the parties cannot agree upon an arbitrator within seven (7) days of the Demand for Arbitration, then WAMS will appoint an arbitrator.
The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to WAMS, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Location and Procedure.
Unless you and Company otherwise agree, the arbitration will be conducted in Seattle, Washington. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and Company submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines a hearing is necessary. If your claim exceeds $10,000, your right to a hearing shall be determined by the WAMS Arbitration Rules. Subject to the WAMS Arbitration Rules, the Arbitrator will have discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration process.
The Arbitrator will render an award within the time frame specified in the WAMS Arbitration Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the party’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in binding arbitration, you will be entitled to an award of reasonable attorneys' fees, costs and expenses.
Fees, Costs, and Expenses of Mediation and Arbitration.
Your responsibility to pay WAMS’ mediation and arbitration fees, costs, and expenses shall be shared 50/50 by the parties and shall be paid directly by the parties in advance of the mediation. WAMS regular mediation and arbitration fees shall apply. The amount, however, may be included as a recoverable expense by the prevailing party when determining the arbitration award.
Representation and Award of Fees, Costs, and Expenses
You have the right to be represented by counsel at any juncture of a dispute if not worked out with buyer/seller. The fees, costs, and expenses for your representation shall be the responsibility of the party retaining counsel for the services. But, the prevailing party to binding arbitration shall be entitled to an award that includes reimbursement of its reasonable attorneys’ fees, costs, and expenses incurred in resolving the dispute.
Severability and Survival.
If any portion of this Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms; (2) severance of the unenforceable or unlawful provision shall have no impact on the remainder of the Agreement or the parties’ ability to compel arbitration of any remaining claims; and (3) if any claims must proceed as a matter of law on a class, collective, consolidated, or representative basis, such claims must be litigated in a court of competent jurisdiction with jurisdiction and venue in King County, Washington, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
2. The Service
The Service constitute a technology platform enabling users of Company’s mobile applications or websites provided as part of the Service (each, an “Application”) to arrange and schedule services and/or logistics services and/or buy & sell items with independent third-party providers of such services, including independent third party service providers and independent third party logistics service providers under agreement with Company or certain Company’s affiliates (“Third-Party Providers”). Unless otherwise agreed by Company in a separate written mutual agreement with you, the Service is provided solely for your personal, noncommercial use. YOU AGREE THAT COMPANY DOES NOT PROVIDE THE SERVICE, LOGISTICS FOR THE SERVICE, OR FUNCTION AS A SERVICE PROVIDER, AND THAT ALL SERVICE OR LOGISTICS FOR THE SERVICE ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF HELPTIMIZE INC. COMPANY OR ITS AFFILIATES.
Subject to your compliance with these terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be provided through the Service, in each case solely for your personal, noncommercial use. Any rights not granted herein are reserved by Company and Company’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as permitted by Company (iii) decompile, reverse engineer or disassemble the Service except as permitted by law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
Provision of the Service.
You acknowledge that portions of the Service may be provided under Company’s various brands or request options associated with services or logistics services. You also acknowledge the Service may be provided under such brands or request options by or in connection with: (i) certain of Company’s subsidiaries and affiliates; or (ii) independent Third-Party Providers, including network company services, license service permit holders, authorizations or licenses.
Third Party Services and Content.
The Service and all rights therein are and shall remain Company’s property. Neither these terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference Company’s names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
3. Your Use of the Services
To use most aspects of the Service, you must register for and maintain an active personal user Services account (“Account”). To obtain an Account, you must be at least 18 years of age to sign agreements (sometimes referred to as “contracts”) within the Company platform. But if you are between 14 and 18 years of age (“Minor”), then you are eligible (after updated software is released) to register an account with a legal custodian parent or guardian to have a “Linked Account.” The legal custodial parent or guardian for any user between 14 and 18 years of age shall be required to sign agreements for or on behalf of the Minor to authorize a request for a service (“Requestor) or to provide a bid on a service (“Provider”) or to buy and sell items if all labor laws have been met. Minors must have a legal custodial parent or guardian sign a waiver to be directly responsible for the actions of the Minor on the platform and agree not hold Company liable for any damages for the Services used by the Minor. Further, each responsible custodial parent is required to make sure that all child labor laws through the Washington Employment and Labor Laws website, https://www.employmentlawhandbook.com/state-employment-and-labor-laws/washington/, are met and also comply with the state and federal Fair Labor Standards Act (FLSA) before any agreement has been made between parties.
Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and age, and at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or Company’s termination of these terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account’s username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.
You agree the Service shall be utilized for requesting services or goods or providing services and goods and acknowledge and agree that you shall not use the Service for the sole purpose of receiving quotes. Users also authorize that Company track usage of the platform and calculate the buyers award to submit ratio for service or goods requested. If said submit to award ratio drops below 60%, then Users authorize Company to list the account as a quote center and may charge the quote center accounts a fee as listed on Company’s website if any subsequent agreement is not awarded to seller and request is cancelled. From time to time Company shall reevaluate the charges levied with Quote Center Accounts to help maintain interest from sellers for those buyers who use Company primarily for quote purposes.
User Requirements and Conduct.
Users shall authorize no third parties access his or her Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials, no illegal exchange of services). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity in a manner prescribed by the Company, which shall be determined in its sole discretion.
Company encourages all Users have Background Verification Check accomplished via Checkr, using the Checkr.com API integrated on the Company platform. Verification check accomplished by Checkr.com may be displayed in each Users profile as either passed or failed. Details gathered at a minimum are Social Security Number trace; National Sex Offender Search; Global Watchlist; National Criminal Database.
UPON PASSING A BACKGROUND VERIFICATION CHECK, USER WILL THEN BE SHOWN ON THE COMPANY PLATFORM PROFILE AS A GOLD STAR USER WITH A GOLD STAR SYMBOL. A GOLD STAR SYMBOL MAY LIKELY OFFER MORE OPPORTUNITIES TO USERS AND MAKE THE PLATFORM MORE SECURE/SAFE FOR ALL USERS.
There is a fee (subject to escalation at any time) to be background verified. All Users have a choice to pay for this background verification or opt out of verification before submitting a request for service or bidding and signing an agreement for a service through the Company platform. This fee will be deducted from your credit card established with Company. Falsification of information including age entered through the login account registration process shall result in your Account being closed. For Users (Buyers and Sellers) with results that have not passed a verification check may be displayed as failed background check in the User’s profile.
Company Text/Video & Voice Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages or email as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages or email from Company at any time by following the directions found on Company’s website. You agree and acknowledge that opting out of receiving text (SMS) messages or emails may impact your use of the Service.
An in-app/in-platform Text, Video and Voice messaging system is available for your usage to encourage users negotiate price and details. User agrees to communicate in a positive manner and avoid defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content. This information may be monitored by Company through programs such as API’s and if determined your Account has been used inappropriately or offending, then a Company may determine if your Account should be closed or any other appropriate action taken. Company reserves the right to close your Account at any time and for any reason, which you agree shall be at the sole discretion of Company.
Company may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party service, subject to any additional terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or provided to the general public (whether posted to a public form or otherwise), unless permitted by Company; (iii) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used under the specific terms that Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire before your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user if Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Company may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise provide to Company through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). By providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise providing of such User Content nor Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or violate any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Applications and any updates thereto. Company does not guarantee that the Service, or any portion thereof, will function on any hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in using the Internet and electronic communications.
Product & Services Posting rules
To help make the Product and Services experience enjoyable for everyone, please follow these guidelines when posting items.
We may remove content that violates these guidelines. In cases of severe or repeated violations, we may suspend or cancel an account or take other action. For more information, please see our Terms of service. Per Terms of Service Agreement, user acknowledges that Helptimize will not be responsible for any revenue loss should the platform become unavailable for any reason. Helptimize will work hard at those times to restore services as quickly as possible.
Helptimize is a way to connect with your local community and beyond. Use your true identity and honestly represent yourself. Please:
· Use one account per user.
· Don’t use a throw-away email address. This signals to us that you might not be here for the right reasons.
· Don’t create accounts designed to impersonate someone else.
· Don’t use emulators or third-party sites to post on Helptimize. You must be the owner of your item.
To allow buyers to get a true feel for the items you’re selling or describing, please:
· Always include an image of the item. Posts on the Product side with no image, including those with a photo containing only text, aren't allowed. Photos containing text is also not allowed while posting Jobs under Services.
· Include high-quality, well-lit photos.
· Keep photo clean by not adding extra stickers or text. Make sure photo accurately helps describe the service needed or product being sold.
· Post an image of the actual item, not a catalog or stock photo.
· Use your own photos. Don't use photos that infringe on the intellectual property rights of others.
Multiple posts showing identical items/services needs from the same user can be confusing to people bidding, and difficult to manage. Even if you have more than one of the same item, please list one at a time. Don't post the same item in more than one listing or in multiple categories.
Please list an accurate geographic location so your local bidders can arrange to meet you for pickup/service needs. At this time we are only offering to sell items locally for pickup/drop off but users can ask others on the services side to ship your items. Nationwide selling/shipping will be forthcoming on the Helptimize platform but currently not offered at this time
Titles, descriptions, & prices
Titles and descriptions should give users a clear, honest, and accurate description so they can tell if the item/service is what they're looking for. Some things to avoid:
· Don't add keywords or price points intended to manipulate search results.
· Do not set prices that are clearly inflated above standard market value.
· Don't link to websites or post URLs.
· Don't provide personal information, such as a phone number or email address.
· Don't solicit risky payment methods such as Western Union or Moneygram.
NOTE: In response to COVID-19, ALL hand sanitizer, toilet paper, and disinfecting wipes are prohibited to be sold. Face masks are allowed, however, N-95, surgical face masks, medical-grade masks, or similar respiratory masks are not allowed for sale on Helptimize.
Messaging & communication
Helptimize communications offers you to negotiate through text, voice or video with other users without sharing personal information or leaving the app. Remember, the use of in-app messaging to circumvent prohibited/illegal items or posting rules isn't allowed. By no means should this communication center be used for illegal activity or nudity.
Prohibited items for Sale
Most items are allowed on Helptimize, but there are a few types of items that aren’t permitted. Some may present legal issues or be dangerous, while others may be offensive or not in line with the spirit of our community. Read the prohibited items guidelines below for details.
Sometimes fees may be incurred when posting certain kinds of items/services or making cashless transactions. Any action by a user to avoid paying a fee is strictly prohibited. It's important to remember that if you don't pay these fees, whether intentionally or by mistake, your listings may be removed.
Help keep our community strong
If you notice posts that don't meet these guidelines, please report them to us for investigation by using the contact us button on Helptimize landing page.
Prohibited items guidelines
Although most things can be sold on Helptimize, certain items aren't allowed. Some present legal risks or may pose health and safety issues. We've also chosen not to allow items that we feel are inappropriate for our community or could be considered offensive.
Before posting your items, please read the guidelines below to ensure that they are OK to sell on Helptimize. Also please review our Posting rules above and Community guidelines below.
The following items are not allowed for sale:
1. Alcohol, drugs & tobacco
2. Adult & mature content
4. Wildlife products
5. Counterfeit and replica items
6. Dangerous items
7. Recalled items
8. Gift cards
9. Illegal items or encouraging illegal activity
10. Intangible items
11. Medical & healthcare items
12. Offensive materials
Prohibited items for sale: Alcohol, drugs & tobacco
Alcohol, drugs, tobacco, and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can't enforce these laws and regulations, we don't allow these items for sale, including:
· Prescription drugs
· Drugs, narcotics, or controlled substances (even those that are legal in some states)
· Items marketed for the purpose of intoxication
· Drug paraphernalia such as bongs, vaporizers, and pipes
· Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories
· Cannabis and cannabis-derived products, such as CBD
· Growing or cultivation equipment for cannabis and cannabis-derived products
Prohibited items for sale: Adult & mature content
Helptimize strives to be an open marketplace but understands that not all people want to see explicit sexual content. Items intended for adult use or that contain explicit sexual content are not allowed on Helptimize, such as:
· Explicit sexual content or nudity
· Adult toys
Prohibited item for sale: Animals
Our policy around animals and wildlife products represents Helptimize’s commitment to improving animal welfare in our own communities and in helping to protect threatened and endangered animals around the world.
You can certainly post many types of animal products. However, live animals are never allowed for sale, including:
· Farm animals and livestock
· Marine life
For more information, see our detailed list of Animals below:
Prohibited items for sale: Animals
Our policy around animals and wildlife products represents Helptimize’s commitment to improving animal welfare in our own communities and in helping to protect threatened and endangered animals around the world.
Live animals are never allowed to be sold on the platform, including but not limited to:
Reptiles such as lizards or snakes
Horses or ponies
Hamsters, gerbils, rabbits or other pets
Farm animals such as chickens, goats, pigs, or cows
WILDLIFE & WILDLIFE PRODUCTS
You can certainly post many types of animal products. However, wildlife products that were sourced illegally or are being traded in contravention of any law are prohibited.
Prohibited items for sale: Wildlife & wildlife products
You can certainly post many types of animal products. However, wildlife products that were sourced illegally or are being traded in contravention of any law are prohibited. Examples of prohibited live wildlife and their products include, but are not limited to:
Bears (e.g. Asiatic Black Bear, Giant Panda, Sloth Bear, Sun Bear)
Birds (e.g. African Grey Parrot, Falcons, Eagles, Helmeted Hornbill and some other Parrots)
Cetaceans (e.g. Dolphins, Porpoises, Whales)
Corals (Elkhorn, Staghorn)
Otters (e.g. European River Otter, Giant Otter, California Sea Otter)
Primates (e.g. Bonobo, Chimpanzee, Gorilla, Monkeys, Orangutan)
Reptiles & Amphibians (e.g. Ploughshare Tortoise, Iranian Spotted Newt, Indian Rock Python)
Sharks, Sawfishes, Manta & Devil Rays (e.g. Great White Shark, Basking Shark, Whale Shark, Smalltooth Sawfish)
Tibetan Antelope (also known as Chiru and shawls known as Shahtoosh)
Wild Cats (e.g. Cheetah, Jaguar, Leopard, Lion, Ocelot, Tiger)
Prohibited items for sale: Counterfeit or replica items
The sale of bootlegs, counterfeits, fakes, and unauthorized or pirated copies of items is illegal and not allowed on Helptimize, including:
· Counterfeits, fakes, and replicas of brand-name items, including items “inspired” by a brand without permission of the owner
· Bootlegged or unauthorized recordings
· Pirated copies of any copyrighted materials
· Use of a trademark or other implied affiliation with a brand
Shipping and counterfeit items
For more information, see our Intellectual property policy.
Intellectual Property Policy
Helptimize is committed to ensuring that our online and mobile community is a trusted place to do business and we respect the rights of intellectual property owners. This policy is part of our Terms of Service.
Reporting a Rights Violation
If you believe your work has been copied in a way that constitutes intellectual property infringement, please submit your complaint by using the Contact Us on Helptimize landing page. We strive to respond quickly to reports from approved rights owners by removing or disabling access to the allegedly infringing material.
You’ll receive notification from Helptimize once your submission is reviewed by our legal firm and we have taken action based on your report.
Information for sellers of products
Sellers are responsible for making sure any item they post for sale on Helptimize is authentic and its listing description doesn't infringe on the rights of others.
If your post was removed by Helptimize based on an intellectual property report. You should have received an email with information on why your item was reported and who to contact in case of questions or concerns.
Examples of infringements
Items that bear rights owner's trademark—such as a logo—but weren't made by the rights owner
Unauthorized use of a rights owner's images and/or text in a listing
Prohibited items for sale: Dangerous items
Items that pose health and safety concerns or that are regulated or illegal are not allowed on Helptimize. These include but are not limited to:
· Firearms, no exceptions
· Knives primarily used as weapons or for self-defense. Note: Cutlery, kitchen, and utility knives are generally permitted
· Mace, pepper spray, bear spray, tasers, and other weapons used to subdue humans or animals
· Paintball guns, BB guns, guns that fire blanks, Airsoft Guns, and all related ammunition and accessories
· Sporting weapons such as bows and arrows, crossbows, and archery items
· Swords, if sharpened or functional. Note: Decorative blunt swords are generally permitted
· Weapon parts and accessories, including any item that attaches to a firearm, ammunition, bullets, clips, arrows, and bolts
· Body armor, including Kevlar and other tactical and protective vests, except protective clothing for sporting activities
· Regulated chemicals, poisons, or substances
· New or used airbags sold separately from a vehicle
· Hazardous materials such as:
· Items deemed to pose significant health or safety risks to others
· Recalled items (see below)
Prohibited items for sale: Recalled items
Items that are subject to a recall, typically because they are deemed unsafe or defective by federal regulators, are not allowed on Helptimize. These items present a unique risk because the harm they present is often not visibly apparent. Items recalled in the past include:
· Samsung Galaxy Note 7 cell phones
· Fisher-Price Rock N’ Play infant sleepers
· Drop-side cribs
· Other items listed on the U.S. CPSC list of recalls
You should avoid selling or buying any recalled item or product. If you end up selling or buying a recalled item, you should contact the manufacturer as they may offer a refund, replacement, or voucher in exchange for surrendering the recalled item. For more information on recalled consumer products generally, visit the U.S. Consumer Product Safety Commission’s website.
Sale subject to regulatory guidelines: Food items
The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. If you are selling food make sure the proper license/permits have been obtained prior to listing these on Helptimize. Examples:
· Most perishable goods, including meat, seafood, dairy, and cut fruits or vegetables
· Homemade shelf products, such as jams, jellies, and pickles
· Homemade meals or baked goods
· Eggs sold outside of the seller's farm
A Cottage Food Permit allows a resident of Washington State to make food that is not potentially hazardous such as baked goods, candies, jams, jellies, preserves, fruit butters, dry spice blends, or dry tea blends in their primary residential kitchen. If selling these items please add your permit to your Credentials under the settings tab of the Helptimize application. Please note you cannot sell prepared foods from your home without the proper permits and some states don’t allow the sale of home canned foods altogether. Make sure before you start selling products as per the terms and services any illegal activity is the responsibility of each user and can be prosecuted to the full extent of the law.
Exceptions to this policy include:
· Whole, uncut fruits and vegetables
· Eggs sold directly on the seller's farm
· Unopened and packaged commercially sold food goods (canned soup, packages of cookies, etc.) as long as the packaging has not been tampered with and the items are sold before their expiration date
Prohibited items for sale: Gift cards
Gift cards and reloadable cards are not allowed due to the risk for buyers. The balance can't always be verified, and sometimes the card balance can be used or cancelled by the original purchaser.
Not Allowed: Illegal items or encouraging illegal activity
Any item that is illegal or that encourages illegal activity is not allowed, including but not limited to:
· Items with sensitive information such as IDs, passports, and social security cards
· Fake or forged documents (such as licenses, IDs, diplomas, and government-issued documents)
· Items received through Government Assistance
· Offers to trade for illegal goods
· Police badges or security uniforms, as these can be used to impersonate an officer or gain access to secure areas
· Locked phones or devices, for example blacklisted, activation, iCloud or similar locks
· Current vehicle license plates or plates that were valid in the last 5 years
· License plate tags
· TV streaming devices
· Cars without titles
· Canisters or cylinders of pressurized gas (such as CO2 or nitrous oxide)
· Stolen or found goods
· Rideshare signs
Prohibited: Intangible Items
Helptimize is intended for the sale of individual, tangible items and for services needed in a community. Items must exist and be available for immediate sale. Examples of things that are not allowed include:
· URLs, links, or redirecting to other websites
· Rentals and timeshares
· Multi-level marketing schemes and related promotional materials
· Digital account transfers
· Items planned for future purchase from another retailer, wholesaler, distributor, or manufacturer
· Items of unknown contents such as “mystery boxes” or “grab bags”
· Items/services where the photo does not match the title or description
Prohibited items for sale: Medical & healthcare items
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale on Helptimize, including but not limited to:
· Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
· Listings that claim the item can diagnose, cure, mitigate, treat, or prevent a disease or viruses, including COVID-19 (the novel coronavirus)
· Ventilators and other respiratory equipment
· Cannabis and cannabis-derived products, such as CBD
· Pills, vitamins, and supplements
· Contact lenses
· Used cosmetics
· Used makeup sponges and applicators
· Needles and items containing needles (such as syringes or tattoo equipment)
Prohibited: Offensive materials
Helptimize is an inclusive community that welcomes users from all backgrounds. To build a respectful mobile marketplace, posts that contain foul language or that promote hatred, violence, or discrimination are not allowed. This includes posts that support hate or discrimination toward others based on age, race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, or items that promote or glorify organizations with such views. Examples:
· Posts containing racial slurs
· Posts promoting intolerance or discrimination
· Items that promote, support, or commemorate groups with views of hatred or intolerance (for example Nazi, Neo-Nazi, or KKK
· Items that depict or glorify violence against people or animals
· Items that reflect people of color through offensive or dehumanizing caricatures, including historic, antique, or memorabilia items
Reporting Issues: Help keep our community strong
If you see a prohibited item on Helptimize, please report it in the app using Contact Us and our legal firm will review and respond.
For additional restrictions on behavior such as profanity and harassment, please see Community guidelines.
Removing a User for Non-compliance
Posts that violate any of our guidelines, policies, or terms may be removed at our discretion. Additional actions may be taken for severe or repeat offenses.
Helptimize is committed to maintaining an inclusive and respectful community. Here are a few tips to help foster an enjoyable experience for everyone:
If you change your mind on an offer, politely let the other user know so they can repost.
If you're running late to meet someone, keep the other person updated.
We know it can be frustrating when things go wrong. Although it's uncommon, if you have a problem with an item after a sale/service, try to work it out with the user in a calm, respectful way. In most cases, they'll be open to finding a solution.
In addition, when using Helptimize and interacting with buyers, sellers, or employees, please refrain from any of the behaviors below, in your post or in messages.
The following types behaviors are not allowed:
Spam or unsolicited offers
Displaying prohibited profile content
Fraudulent or illegal activity
Disrespectfulness, such as:
Profanity or hate speech
Threats of violence or actual violence
Offensive or vulgar posts or messages
Harassment, such as:
Targeting another person with complaints about items that were not purchased or expressing opinions about items with no intent to purchase
Pressuring a user to make a purchase
Other comments not related to the service/product.
Comments related to another person’s looks, relationship status, etc.
Any form of harassment including but not limited to hateful, obscene, offensive, profane, racist, sexual or sexually suggestive, defamatory, or violent language
Spam and unsolicited offers, such as:
Unsolicited messages sent to potential buyers, including those of a commercial nature
Impersonation of another buyer, seller, Helptimize employee, or other entity in communications
Any other misleading, fake, or malicious communication
Misrepresenting yourself, or the products you’re selling
Harvesting information about our users or directing our users to external websites or apps to collect their information
Use of disallowed content in your public profile or custom profile link, such as:
Offensive or vulgar profile names, links, or photos, or those that infringe on the intellectual property rights of others. Check out our complete list of username guidelines below.
Use of the Helptimize name or image
Inclusion of personal contact details
Posting another person's private information, including contact information
Create a username that:
Isn't offensive, profane, violent, threatening, or sexually explicit.
Isn't deliberately deceptive, confusing, or intentionally similar to other usernames or businesses. It should not impersonate or falsely represent you as someone else.
Doesn’t imply the intent to harass, advertise, phish, or spam other users.
Doesn’t include personal information such as your phone number.
We may remove content that violates these guidelines. In cases of severe or repeated violations, we may suspend or cancel an account. For more information, please see our Terms of service.Fraudulent or illegal activity, such as:
Using Helptimize for any fraudulent purpose
Violating any law or regulation while using Helptimize
We may remove content that violates these guidelines. In severe cases or where there are repeated violations, we may suspend or cancel an account or take other action. For more information, please see our Terms of service.
Buyer of service(s) understand that use of the Company platform may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Company may facilitate your payment of the applicable Charges on behalf of the Third-Party Provider. Company may facilitate the payment through a service provider called Stripe, PayPal or other similar service and deliver the money to Third-Party provider of service with a nominal money float before delivering to Third-Party account. Payment of the Charges in such manner shall be considered the same as payment made directly by buyer of service(s) to the Third-Party Provider of service(s). Charges will be inclusive of applicable taxes listed by Third-Party provider where required by law. Third-Party provider acknowledges there will be a charge for credit card transaction fees paid by them. Charges paid by buyer of service(s) are final and non-refundable, unless otherwise determined by Company. Company platform may respond accordingly to any request from a Third-Party Provider to modify the Charges for a service or good.
Seller (Provider) of Services acknowledges a fee may be charged if User communicates (in-platform Voice, Video and Chat) with a Third-Party Requester of a service and subsequently either cancels the request for services or job posting expires after 30 days. Company assumes the cancelation was accomplished and service will be accomplished with sellers communicating with buyers on the platform. The communication charge will be as published on the web platform landing page for Company and subject to charge escalation at Company discretion at any time. As between you and Company, the platform for the Service is focused to be easy to use and easy to communicate with services negotiated. Any termination of the request for a service after communication with seller/bidder warrants the parties (Buyer of service and Third Party) intention was to establish details to work the service off platform that results in a buyer fee for the communications with a seller through the Company’s provided service.
All Charges are due immediately and payment shall be facilitated by Company using the preferred payment method designated in your Account, after which Company will send you a receipt by email. It’s the Company intention to bill communications monthly (when platform fees are implemented) to users in order to decrease transaction costs. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may, as the Third-Party limited payment collection agent, use a secondary payment method in your Account, if available. From time to time the ACH bank used (PayPal or Stripe) may hold payment pending verification from the buyer that service was received. In such cases Company will send notification to both buyer and seller to inform them of the hold and to ask the receiver of services or goods to “confirm receipt” of service on their PayPal or Stripe ACH bank account. If the user does not “confirm receipt” of services on the account it can take up to 21 days to release the money to the provider of goods/services. Make every attempt to help us by cooperating when there is a hold by the ACH bank.
Company reserves the right to establish, remove and/or revise Charges for any services or goods obtained using the Service at any time in Company’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Company may use reasonable efforts to inform you of Charges that may apply, provided that you shall be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also provided to you, shall have no bearing on your use of the Service or the Charges applied to you. Requester of service may elect to cancel agreement for services or goods from a Third-Party Provider at any time prior to such Third-Party Provider’s arrival, in which case requester may be charged a cancellation fee. Alternately, the Provider of service may elect to cancel the agreement to provide services or goods to a Third-Party Requester at any time prior to Provider arrival, in which case provider may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Company designates no portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by Company (on Company’s website, in the Application, or in Company’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Company provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you may provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you (Requester) have received services and/or goods obtained through the Service, you can rate your experience and leave additional feedback about your Third-Party Provider. Additionally, after you (Provider) have delivered the services and/or goods, you can rate your experience and feedback about your Third-Party Requester.
5. Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third-Party Requestor/Provider property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a Third-Party reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Company in Company’s reasonable discretion, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party using your payment method designated in your Account. Such amounts will be transferred by Company to the applicable Third-Party and are non-refundable. Disclaimers; Limitation of Liability; Indemnity.
6. Advanced Payment Process & Cash Payments
You may utilize Company advance payment process (when available) to have Third-Party Provider deliver any needed purchases. The Advance Payment Process will enable an in-app video to show you the Third-Party purchase of goods negotiated and accepted by you via pop-up messages. Under this process, you will authorize a Third Party to utilize their Credit Card to purchase goods reimbursed with additional fees as outlined under Company’s advance payment policy found on its website. Once an invoice is authorized, the money shall be held in an account until the goods are delivered with receipt and you authorize the release of the payment with applicable fees associated for this process. This feature is available and is in Beta testing stage.
You may also utilize cash payment process to have Third-Party Seller to receive cash for goods or Third-Party Client to provide cash for services. In these cases when platform fees are implemented (with notification on landing page) the helptimize fees associated will be deducted from the Third-Party for cash received for goods or from Third-Party who provided cash for the service. Invoices generated will show all fees associated with the platform.
7. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICE OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, ECONOMIC, NON-ECONOMIC, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES OR PEER-TO-PEER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500). YOU AGREE THIS AMOUNT CONSTITUTES A REASONABLE FORECAST OF ANY FUTURE HARM.
COMPANY’S SERVICE MAY BE USED BY YOU TO REQUEST AND SCHEDULE ANY SERVICE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY THIRD PARTY OTHER THAN AS \SET FORTH IN THESE TERMS.
You agree to indemnify, defend, and hold Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees, costs, and expenses) arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Company’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
8. Governing Law, Jurisdiction, and Venue
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed under the laws of the State of Washington, and jurisdiction and venue for both mediation and binding arbitration shall be in King County, Washington.
9. Other Provisions
Company may give notice by means of a general notice on the Service, electronic mail to your email address in your Account, or by written communication sent to your address in your Account. You may give notice to Company by written communication to Company’s registered agent Gust - Delaware 16192 Coastal Highway, Lewes, DE 19958.
You may not assign or transfer these Terms in whole or in part without Company’s prior written approval. You give your approval to Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Company or any Third-Party Provider because of the contract between you and Company or use of the Service.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. Unless otherwise amended in writing by Company, which it may do at its sole discretion, these Terms constitute the entire agreement and understanding of the parties regarding its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.
Each user will either accept this agreement in order to utilize the application to Helptimize.com or not accept the aforementioned agreement and decline utilizing Helptimize platform for service agreements. The selections are as written below and will appear during registering each account.
X Accept Terms of Services X Non-Acceptance/Decline Terms of