TERMS OF USE

Welcome to the Helpr Website (the “Website”), owned by Helpr Solutions Inc. (hereinafter, “Helpr”). Helpr is a corporation having its head office at 421 Mount Pleasant, Westmount, H3Y 3G9, Montreal, Quebec, Canada.

These Terms of Use are a contract (the “Contract”) between the user of the Website and/or Mobile Application (“you”) and Helpr, and your use of the Website and/or the Helpr Mobile Application (“App”) is governed strictly thereby.

Please read all of the following terms and conditions carefully before using the Website and/or App. By accessing this Website and/or App and the services offered through it, you represent that you are of legal age to enter into this Contract and indicate your acceptance of the terms and conditions of use stated herein (collectively, the “Terms”).

Users

Student-users (hereinafter, “Student-user”) are students currently enrolled at a United States College or Canadian University with a valid .edu email address, or any other official United States College or Canadian University e-mail address. Student-users use the App for the purpose of hiring a helpr to aid them with their studies.

Helprs (hereinafter, “Helpr-user”) are students currently enrolled at a United States College or Canadian University with a valid .edu email address, or any other official United States College or Canadian University e-mail address. Helpr-users use the App with the intent of trading their services and expertise for monetary compensation. Helpr-users must submit an application to Helpr, and are granted helpr status on the merit of their application. As part of the application process, helpr-users must provide a recent and official transcript. Helpr is selective, diligent and rigorous in seeking quality helpr-users. This is an obligation of means and not results, and thus, Helpr may not be held liable for the lack of service quality of a particular helpr-user.

A single individual may act as both a student-user and helpr-user, however, a single individual may not act as both a student-user and helpr-user for the same subject matter.

Users are, under no circumstance, to meet in private places such as homes, dorms, apartment, etc. Users are to meet strictly in public places such as libraries, cafés, school cafeterias, etc. Helpr is not responsible for any physical, material or moral damages resulting from a violation of these terms.

Services Provided

Helpr grants the helpr-user the right to offer course help services via its mobile application.

The helpr-user will be free to offer his course help services at his sole discretion to other users of the Helpr mobile application (the “Helpr Clients”) in exchange for a fee. Helpr will unilaterally determine the fee/rate charged by the helpr-user. Helpr will retain a percentage of the fee charged by the helpr-user (see ‘Rate and Payment Schedule’ for details).

Independent Contractor

In providing the course help services under this Agreement it is expressly agreed that the helpr-user is acting as an independent contractor and not as an employee. You and Helpr (the “Parties”) acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Assignment

You may not under any circumstance assign or otherwise transfer the rights and obligations resulting from this Agreement to a third party.

Rate and Payment Schedule

Helpr-users will receive payment in accordance with the Rates set out in the FAQ page in the Helpr website. To access this page simply open the following link:

http://www.helprapp.ca/faq/

Helpr will re-evaluate their Rates on a bi-monthly basis. These Rates are subject to change at the sole discretion of Helpr, and without prior notice to its users. It is the user’s responsibility to check for changes to the Rates on the 15th and 1st of every month.

Payment

Payment processing services for Helprs and Student-users on the Helpr App are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms or continuing to operate as a helpr or Student-user on the Helpr App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Helpr App enabling payment-processing services through Stripe, you agree to provide Helpr accurate and complete information about you and your business, and you authorize Helpr to share it and transaction information related to your use of the payment processing services provided by Stripe.

Performance

The helpr-user agrees to provide the course help services to the best of his ability. The helpr-user may not mislead or overstate his abilities to Helpr Clients with the intent of securing more work for himself, or for any other purpose.

Reimbursement of Expenses

The helpr-user will not be reimbursed for any expenses incurred in connection with the services provided to Helpr Clients.

Disputes

Any dispute or claim arising between Helprs and Student-users is subject to the revision of Helpr. Helpr may, at its sole discretion, decide to review a dispute or complaint between a helpr and a Student-User occurring due to misuse of the App, as a result of bad faith or negligence. Helpr may terminate the account of any party that does not comply with Helpr’s Terms.

Amendment to Terms

These Terms are subject to change in whole or in part by Helpr at any time in its sole discretion, without prior notice. Any changes will be effective upon being posted on the Website. Your use of the Website and/or App will be subject to the most current version of the Terms posted. In the event of a conflict between an amendment and an earlier version of the Terms, the most recent version containing the amendments shall prevail. Please consult these Terms regularly. If you do not or cannot agree to these Terms (or any updates), please immediately discontinue your use of the Website and/or App.

Access to Personal Information

To access certain functions of the Website and/or App, you may be asked to provide Personal Information. Personal Information collected through the Website and/or App is used and disclosed in accordance with the terms of our Privacy Policy, which is incorporated into these Terms. To read our Privacy Policy, click here: http://www.helprapp.ca/privacy-policy/

All information you provide to Helpr must be correct, current and complete. Minors must not provide information. In this Contract, you represent and warrant that you will not register under another person’s name. Helpr may refuse or suspend access to this Website for any reason at its sole discretion, including where Helpr believes you have violated these Terms. You agree that Helpr shall not be liable to you or to any other person as a result of such suspension or termination.

Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to student-users and/or helpr-users, whether business or personal, which would not reasonably be considered to be private or proprietary to the student-user and/or helpr-user and that is not generally known and where the release of the Confidential Information could reasonably be expected to cause harm to the student-user and/or helpr-user.

The student-users and helpr-users agree that they will not disclose, divulge, reveal report for use, for any purpose, any Confidential Information which they have obtained, except as authorized by Helpr or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this agreement.

Confidential Information includes, but is not limited to, information regarding or relating to academic performance and academic records of users.

Intellectual Property

All rights, titles, and interests in and to the Website and/or App are the exclusive property of Helpr. This Website is protected under applicable intellectual property laws, including the Copyright Act, the Trade-marks Act as well as other domestic and foreign intellectual property laws. Under this Contract, you agree to refrain from copying, amending, reproducing, publicly posting, transmitting, selling or creating derivative works from the Website and/or App, exploiting all or part of the Website and/or App, using or accessing any element or distributing the contents of the Website and/or App for commercial purposes, or otherwise using the Website and/or App or creating derivative works or websites therefrom.

The trademarks, logos, service marks and distinguishing guises displayed on this Website and/or App (collectively, the “Trademarks”) are registered Trademarks owned by Helpr or belonging to Helpr by virtue of use under common law, or are otherwise used under licence with their owner’s permission. Any reproduction or use of any Trademark without the express written consent of Helpr is prohibited. Nothing contained on this Website should be construed as directly or indirectly granting any license or right to use any of the Trademarks without the prior written permission of Helpr or such other party that may own the Trademarks.

Prohibited Uses

As a condition to your use of the Website, you agree not to:

  1. Impersonate or misrepresent your affiliation with any person or entity;
  2. Access and/or use areas of the Website and/or App, or Helpr’s computer systems that are not public;
  3. Attempt to probe, scan, or test the vulnerability of the Website and/or App or any related system or network, or breach any security or authentication measures used in connection with the Website and/or App and such systems and networks;
  4. Modify, change, move, delete or otherwise add to any element of the Website and/or App, attempt to decrypt, decompile, disassemble, reverse engineer, use or reduce any of the software used to provide the Website and/or App;
  5. Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming or email-bombing the Website and/or App; and
  6. Use the Website and/or App in an abusive way contrary to its intended use, to its documentation or to Helpr’s reasonable instructions.
  7. The helpr-user may not under any circumstance agree to a cash payment, or any payment method other then the one provided in the Helpr mobile application.
  8. The helpr-user may not exchange personal information with a Helpr Client with the intention of circumventing the Helpr payment system.
  9. The helpr-user may not attempt to persuade or pressure a Helpr Client to pay for his services separately from the Helpr mobile application, or attempt to vulture Helpr Clients by any other method.
  10. The helpr-user may not attempt to aid a Helpr Client in any illicit matter, including but not limited to, cheating on assignments and exams.
  11. The helpr-user may only provide course help services for the subjects for which Helpr has approved him, and no other subjects.
  12. Users take upon themselves the duty to act ethically, morally, and in conformity with the laws of the academic institution in which they reside, as well as with the law in general.

Helpr has the right to investigate and prosecute violations of any of the above, including, without limitation, possible infringements of any intellectual property rights and possible security breaches, and this to the fullest extent of the law. Helpr may involve and cooperate with law enforcement authorities in prosecuting users who violate this Contract. You acknowledge that, although Helpr has no obligation to monitor your access to or use of the Website and/or App, it has the right to do so for the purpose of operating the Website and/or App, to ensure your compliance with this Contract, or to comply with applicable law or the orders or requirements of a court, administrative agency, or other government body.

The list above is not exhaustive and includes any uses deemed prohibited by Helpr.

Solicitation

Providing Helpr with your email address or telephone number indicates that you consent to Helpr contacting you by phone or email. This consent authorizes Helpr to send you any information regarding the Website and/or App, to inform you of other services, products and opportunities that may interest you, and to get your opinion on the quality of the Website and/or App.

If you no longer wish to be contacted by email, you may unsubscribe from our mailing list.

Limitation of Warranty

You acknowledge that you are using this Website and/or App at your own risk and all information contained herein is provided on an “as-is” and “as-available” basis. To the full extent allowed under applicable law, Helpr and its suppliers do not guarantee the accuracy and completeness of the information available on or through the Website and/or App, and make no representation as regards the Website and/or App, including that the Website and/or App will meet your needs or be compatible with materials or software provided by a third party, that the Website and/or App will not be interrupted, that it will be free from malfunctions or bugs or that any errors will be corrected. The information on this Website may be out of date, and Helpr makes no commitment with respect to its accuracy. Helpr may periodically add, change, improve or update the information on this Website without notice. Information published on this Website may refer to products, programs or services that are not available in your region. You understand that Helpr cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, computer worms, Trojan horses or other code that may manifest contaminating or destructive properties. Helpr does not represent or warrant that the Website or emails sent from the Website are free from viruses or other harmful components.

To the full extent allowed by applicable law, Helpr’s warranties and remedies expressly set forth herein (if any) are exclusive and replace all other warranties, be they explicit or implied either in fact or by operation of law, duties, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, suitability for a particular purpose, satisfactoriness, compliance with description, and non-infringement, all of which are expressly disclaimed.

Limitation of Liability

To the full extent allowed by applicable law, in no event shall Helpr, its divisions, affiliates, subsidiaries, suppliers, partners, licensors, and each of their respective directors, officers, employees, members, consultants, agents and suppliers have any liability, whether based in contract or tort (including negligence) or strict liability, for incidental (including legal fees), direct, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website, whether foreseeable or not, and even if Helpr had been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Helpr, its divisions, affiliates, subsidiaries, suppliers, partners, licensors, and each of their respective directors, officers, affiliates, employees and members, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with your access to or use of the Website and/or App.

Termination

Helpr may terminate this Contract and cancel your access to the Website and/or App at any time. Helpr undertakes to provide you with reasonable prior notice of this termination unless such termination is caused by your failure to comply with this Contract or the law.

Applicable Law

This Contract shall be governed and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. The parties hereby irrevocably submit to the jurisdiction of the courts of the district of Montreal, Province of Quebec.

Severability

Should a particular provision of this Contract be held to be invalid by a court of competent jurisdiction, such provision shall be deemed severed from this Contract and shall not affect the validity of this Contract as a whole.

Entire Agreement

These Terms of Use constitute the complete and entire agreement between the parties as to the use of the Website and/or App and supersede any prior agreement, whether written or oral.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

No Waiver

Helpr will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Helpr. No delay or omission by Helpr in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights or remedies at any time.

Enforceability

This Contract shall be binding upon, ensuring to the benefit of, and enforceable by and against each of the parties and their respective successors and assigns. Helpr shall be allowed to assign this Contract to any third party without requiring your consent.

Relationship Between the Parties

Nothing in this Contract shall constitute a partnership or joint venture between you and Helpr or between Helpr and any third party, including and without limitation, any third party advertiser.

Contact

If you believe that we have not complied with this Contract, you may write us at the following address:

Helpr Solutions

421 Mount Pleasant, Westmount

Montreal, Quebec, H3Y3G9

514-892-8682

or by e-mail: contact@helprapp.ca