Terms of Use Helpster

These Terms of Use govern your use of the Helpster mobile app (the “App”) as well as any other online tools and services that Helpster (“Helpster,” “we,” “us” and “our”) makes available to users, donors, sponsors and other users of our services. “Services” is the collective term referring to the App and any other online tools and services that Helpster makes available.
We have set up some ground rules to ensure that we can keep the Services clear, useful, and safe for everyone. Helpster provides the Services to provide children from developing countries (mostly Africa and Asia) with free vital operations in areas where social or public assistance is absent or poorly provided (the “Goal”).
For purposes of this Agreement, “you” means the person using the Services; if the user is not an individual, then “you” means the user’s company and its successors and assigns. These terms and conditions (the “Agreement”) govern your access to and use of the Services.
BY ACCESSING OR USING ANY OF OUR SERVICES IN ANY WAY, INCLUDING:
• MAKING AN ONLINE PAYMENT,
• COMPLETING ANY OTHER ACCOUNT REGISTRATION PROCESS,
• CLICKING ON AN “I ACCEPT” CHECKBOX,
• AND/OR DOWNLOADING THE APP,
YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HELPSTER, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES. If Helpster, or any third party service provider acting on our behalf, at any time discovers that the information you provided about you or your use of any Service is incorrect or violates any of these Terms, the Services may be suspended and/or terminated with immediate effect.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Services.
The Helpster App can be downloaded from Apple App Store for iOS and from Google Play for Android. Please note that the Apple App Store and Google Play are no services of the Helpster and are subject to separate terms of the respective third-party service providers.
Your use of the Services is subject to this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to this Agreement or our Privacy Policy, then please do not use the Services. By using the Services, you indicate that you have read and agree to be bound by all terms and conditions of this Agreement and our Privacy Policy, without limitation or qualification, and by all applicable laws and regulations, as if you had written your name on a contract.
The Service is provided “as is” and “as available”, without warranty of any kind, either express or implied, including, without limitations, warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any warranties or representations as to accuracy or completeness. We periodically change, improve or update the Service.
The User agrees that all donations from customers are final and non-refundable.

We will use your donation at our discretion but within our stated Goal.


Payment Methods

The Service allows Users to make donations in support of the Goal. Donations can be made via credit card, Apple Pay, Google pay, PayPal and other payment methods (each a “Payment Methods”). By providing information related to a Payment Method, User represents, acknowledges and agrees that User: a) is permitted to use that Payment Method; and b) shall be solely responsible for any fee charged by the User’s financial institution or other Payment Method’s provider for the transaction.
We take every reasonable care to ensure that all donations and related transactions are conducted via a secure connection. However, the security of information and payments transmitted via the internet cannot be guaranteed. The User acknowledges and agrees that: a) donations are at User’s own discretion and risk; and b) we have no liability whatsoever for a) any loss the User may suffer if a third party obtains unauthorized access to any information provided by the User and b) any act or omission by the User’s financial institution, credit card or other Payment Method’s provider, telecommunications services providers or any other party in connection with the donations to Helpster and transactions related thereto.

Refunds

As a rule, charities are not permitted to refund any donations. However there may be exceptional circumstances. If you have any other concerns regarding your donation or a potential donation, please do contact us using the info@helpstercharity.us

Recurring Donations

If you select a recurring Donation, you accept responsibility for all recurring charges prior to cancellation. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, SEND A REQUEST TO INFO@HELPSTERCHARITY.US

Registration and Your Account

Registering Your Account

In order to access certain features of the Helpster you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account (“Account”) or has a valid account on the social networking service (“SNS”) such as Google, Twitter, Facebook, or LinkedIn through which the User has connected to the Services (each such account, a “Third-Party Account”).

Access Through a SNS

If you access the Services through a SNS as part of the functionality of the Services or otherwise connect your Third-Party Account to our Services, you may link your Account with Third-Party Accounts, by allowing Helpster to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Helpster access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Helpster to pay any fees or making Helpster subject to any usage limitations imposed by such third-party service providers. By granting Helpster access to any Third-Party Accounts, you understand that Helpster may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Helpster Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Helpster Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Helpster Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Helpster’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Helpster Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND HELPSTER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Helpster makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Helpster is not responsible for any SNS Content.

Registration Data

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Helpster Properties under the laws of the Estonia, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Helpster Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Helpster immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Helpster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Helpster has the right to suspend or terminate your Account and refuse any and all current or future use of the Helpster Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Helpster reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Helpster Properties if you have been previously removed by Helpster, or if you have been previously banned from any of the Helpster Properties.

Intellectual Property.

The Services and all content and information therein, such as text, graphics, designs, logos, catalogs, images, presentations, button icons, videos, data, instructions, photographs, graphs, typefaces, sounds, and software (the “Materials”), are the property of Helpster or its licensors. Your use of any of the trademarks found on the Services, or any confusingly similar marks, without express permission of the owner is strictly prohibited.

Limited License.

Subject to the terms of this Agreement, Helpster grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, personal license to (i) access and display the Materials; and (ii) access and use the Services, in each case only for the Purpose and only for your personal and non-commercial use. You agree to retain all copyright and other proprietary notices contained on the Materials. All rights not expressly granted here are reserved. The license granted in this Section terminates upon termination of your account.

Restrictions on Use.

You agree not to do any of the following:
• Use any Materials for purposes other than indicated Goal;
• Use any Materials (including images of children) in violation of any applicable laws;
• Create a database by downloading and storing the Materials or any part thereof;
• Modify, remove, delete, augment, add to, publish, distribute, participate in the transfer, rental, license or sale of, create derivative works from, or in any way exploit any of the Materials or Services, in whole or in part;
• Manipulate, alter or affect or try to manipulate, alter or affect the Services, the Materials, or any feature or program of the Services or the Materials, including searches, results, placements, advertisements, tags, products, expressions or programs;
• Interfere with, circumvent, disable or try to interfere with, circumvent or disable the Services, the proper working of the Services, security features of the Services, the equipment connected to the Services or any product or service provided on or through the Services;
• Mirror any Materials available through the Services or any Helpster server;
• Use framing techniques to enclose the Services or any part thereof;
• Use any metatags or any other hidden text incorporating Helpster’s name or trademarks;
• Access or attempt to access the Services or to collect or index information provided through the Services using any automated means, such as robots, spiders, scrapers, scripts, harvesting bots, or similar means or equivalent manual processes;
• Access an account through the Services without permission;
• Provide false or misleading information in connection with any account;
• Impose an unreasonable or disproportionately large load on the infrastructure of the Services or Helpster’s systems or networks, or any systems or networks connected to the Services or Helpster;
• Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services);
• Solicit, trace or otherwise collect any information, including log in information, from users or visitors of the Services;
• Reverse engineer, decompile or otherwise extract source code provided on or through the Services;
• Use the Services for commercial activities such as contests or advertising; individual or institutional commerce;
• Use the Services to develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
• Post unauthorized commercial communications (i.e.: spam) on any of the Services;
• Use the Services to engage in unlawful multi-level marketing schemes (i.e.: pyramid);
• Post identification documents or sensitive financial information on the Services;
• Intimidate, harass or bully any user of the Services;
• Post content to the Services which is hate speech, threatening, harassing, pornographic, lewd, distasteful and inappropriate as deemed by Legacy Connect, incites violence or contains nudity or graphic or gratuitous violence;
• Upload or transmit viruses, worms or other malicious code to the Services; or
• Use the Services in a misleading, malicious, or discriminatory manner or violate any law in connection with your use of the Services, including export laws and privacy laws.

Helpster’s Rights.

Helpster reserves the following rights:
• To terminate the use of the Services and/or the account of anyone who violates this Agreement;
• To change the Services, the Materials, and any products or services provided through the Services, at any time without notice;
• To refuse to provide any user or customer with the Services or any product or service provided through the Services;
• To install upgrades, updates or additional features, and to download any software provided on or through the Services;
• To provide you with notices, including those regarding this Agreement, your account and your orders, by email, postings to your account or by other means; and
• To remove User Material that violates the Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, harassment, hate speech, pornographic or lewd, distasteful, or inappropriate as determined by Helpster.
You agree that the foregoing are Helpster’s rights, but not its obligations.

Disclaimer of Warranties.

The Service is provided “as is” and “as available", without warranty of any kind, either express or implied, including, without limitations, warranties of merchantability, fitness for a particular purpose and non-infringement.
Under no circumstances shall Helpster, its staff, officials, employees, information or content providers be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of the Service, including, without limitation, any fault, inaccuracy, error, omission, interruption or delay deletion, defect, alteration or use, with respect thereto, infection by virus or any other contamination of by anything which has destructive properties, communication line failure, regardless of cause. Under no circumstances, including but not limited to negligence, shall Helpster be liable for any direct, indirect, incidental, special or consequential damages, even if Helpster has been advised of the possibility of such damages.
We reserve the right to seek all remedies available by law for any violation of these Terms of Use including any rights of Helpster in the Service. No waiver by Helpster of any provision of these Terms of Use shall be binding except as set forth in writing and signed by its duly authorized representative.

Limitation of Liabilities.

Helpster will not be liable to you or any third party for any damage, loss or expense whatsoever, based in tort, contract or otherwise, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, computer failure or malfunction, or business interruption), arising out of or related to (i) this Agreement, the Services, the Materials, or your donation(s), or (ii) any products, services or information offered, sold or displayed on or through the Services. Because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Helpster’s and its affiliates’ aggregate liability to you under this Agreement and in connection with the Services is limited to 100 Euro.
Choice of Law and Disputes.
This Agreement shall be governed by the laws of the Republic of Estonia, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the Republic of Estonia, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise.

Limitations on Claims.

Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

Term and Termination.

Without limiting its other remedies, Helpster may suspend or terminate this Agreement, your access to the Services and your account if you fail to comply with any term or condition of this Agreement. Helpster may take such actions at its sole discretion, without prior notice to you. Upon such violation, you agree to cease use of the Services. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.

Waiver & Modifications.

If for any reason a court of competent jurisdiction finds any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Helpster may amend these terms at any time by posting a revised version of the Agreement to the App. Any such modifications will become effective upon the date they are first posted to the App. By continuing to access the App after the revised terms become effective, you agree to be bound to the revised terms.

Electronic Communications.

By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Comments and Concerns.

The Services are operated by Helpster. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@helpstercharity.us