These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where HelpRight Canada has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
HelpRight Canada is provided by:
HelpRight Canada, 1 King St W Suite 4800-205 Toronto, ON, Canada M5H 1A1
Owner contact email: admin@helpright.ca
We (HelpRight Canada) provide a broad range of services/SaaS/Software products that are subject to these terms, including but not limited to:
The AML Pulse- https://theamlpulse.com/,
Ezee Books- https://ezeebooks.com/,
The Smart Office- https://thesmartoffice.io/,
The Staff Web - https://thestaffweb.com/,
Ezee Accounts- https://ezeeaccounts.com/,
The Smart Facilities- https://thesmartfacilities.com/,
ACCEPTANCE OF TERMS
1.1 Agreement to Terms: By accessing the Site, you confirm that you've read, understood, and agree to these Terms of Use. Should you disagree with any part of these terms, cease use of the Site immediately. 1.2 Amendments: We may amend these Terms from time to time, reflected by the "Last Updated" date. Your continued use after changes means you accept the revised terms.
SITE USAGE
2.1 Jurisdiction: If accessing the Site outside Canada, ensure compliance with local laws. 2.2 Industry Compliance: The Site doesn't adhere to sector-specific regulations (e.g., HIPAA, FISMA). Users bound by such laws should refrain from using this Site. 2.3 Age Restrictions: Users must be at least 18. If you're under 18, do not use or register.
The company that owns the AML Pulse system grants you a non-exclusive, non-transferable, revocable license to use the AML Pulse platform for your personal, non-commercial use only. You may not use the AML Pulse platform for any other purpose without the express written consent of the company that owns the AML Pulse system.
You may not:
Copy, modify, or distribute any part of the AML Pulse platform without the express written consent of the company that owns the AML Pulse system; Use the AML Pulse platform to transmit or distribute any harmful, offensive, or inappropriate content; Use the AML Pulse platform in violation of any applicable laws or regulations.
INTELLECTUAL PROPERTY
Content and trademarks on this Site are our property or licensed to us. Use them only as permitted herein.
USER ACCOUNTS
Maintain the accuracy of your registration details. We may suspend accounts with inaccurate information.
PAYMENTS
We accept various payment methods. Ensure all payment information is accurate and updated.
TRIAL PERIOD
New users may enjoy a trial period. Account features will be limited after this period unless upgraded to a paid version.
CANCELLATION
Subscriptions can be canceled anytime. Refund details, if applicable, are available on our policy page.
SOFTWARE USE
Software on our platform, if provided, comes with terms that you must agree to.
PROHIBITED ACTIONS
Users must not engage in activities harmful to the Site, our reputation, or other users.
DISCLAIMER OF WARRANTIES AND LIMITAITONS OF LIABILITY
The services/SaaS/Software products including are provided "as is" and "as available" without any warranties or representations, express or implied. The company that owns the AML Pulse system expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In particular, the company that owns the Software products/systems including AML Pulse, makes no warranty that:
The our software products/systems will meet your requirements or expectations; The our software products/systems will be uninterrupted, timely, secure, or error-free; The information provided through tour software products/system is accurate, complete, or reliable; Any defects or errors in the our software products/system will be corrected. You use the our software products/systems at your own risk and responsibility.
The company shall not be liable for any damages or losses arising from the use of our software products/systems, including, but not limited to, direct, indirect, incidental, special, consequential, or exemplary damages.
Limitation of Liability & Indemnification
In no event shall the company be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the company has been advised of the possibility of such damages), arising out of or in connection with the use or inability to use the AML Pulse platform, or for any other claim, error, or problem related to our software products/system.
You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, and contractors, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your use of our software products/systems, your violation of these Terms and Conditions, or your violation of any applicable laws or regulations.
USER CONTRIBUTIONS
While we might not currently allow user-generated content, should we in the future, users must ensure their contributions don't violate rights, laws, or these Terms.
GENERAL PROVISIONS 11.1 Governing Law: These Terms are governed by Canadian law, without regard to its conflicts of law principles. 11.2 Contact: For questions or concerns, please contact us at [Contact Information]. 11.3 Severability: If any provision is deemed unenforceable, the rest remains in effect. 11.4 Waiver: No waiver of any provision hereof shall be effective unless in writing. In case we make material changes that negatively impact your use of our services, or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
The permission we give you to use our services continues as long as you comply with these terms and any service-specific additional terms (if any).
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
Service Availability: The Services will be available 99.9% of the time, measured monthly, excluding holidays, weekends, and scheduled maintenance.
Maintenance Exclusion: If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.
Exclusion of Third-Party Outages: Downtime resulting from outages of third-party connections or utilities, or other reasons beyond the Company's control, will also be excluded from any uptime or downtime calculation.
Customer's Remedy and Company's Liability: Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 90 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.
Downtime Calculation: Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place and continues until the availability of the Services is restored. Downtime Credit: In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.
Credit Limit: Downtime credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred.
Blocking of Data Communications: Company's blocking of data communications or other Service in accordance with its policies shall not be deemed a failure of Company to provide adequate service levels under this Agreement.
Controller Authorization for Data Collection: The Controller acknowledges that carrying out real-time queries from public databases and collecting publicly available information from social media providers constitutes an inherent part of certain functionalities of the Services. The Controller acknowledges and authorizes the Company to use public database providers (including DNSBL providers and data breach database providers) and social media providers, established within or outside the EEA, to carry out queries based on Customer Data and collect publicly available personal data to provide the Services to the Controller.
Data Protection Considerations: The Parties agree that, in their assessment, public database providers and social media providers shall be considered data controllers or third parties under the Data Protection Legislation.
Data Processing Agreement The terms used in the Data Processing Agreement (DPA) shall be understood based on their definitions below and within the context of the Data Protection Legislation:
(a) “Controller’s Email Address” refers to any email address linked to Controller's user accounts that have an “administrator” role on Company's website. If the Controller accesses the Services without an account, the Controller’s Email Address denotes any email address the Company has on record for the Controller.
(b) “Documentation” pertains to the updated documentation of the Services, accessible at: User Docs Dashboard (company.com).
(c) “DPA” refers to this data processing agreement, including its appendices and any explicitly referenced documents.
(d) “data controller” denotes any entity that, either alone or in collaboration, establishes the intentions and methods of processing personal data.
(e) “data processor” indicates any entity processing personal data on behalf of the data controller.
(f) “Data Protection Legislation” means relevant data protection laws. As of 25 May 2018, this includes the GDPR (General Data Protection Regulation), which superseded Directive 95/46/EC, along with its national implementations.
(g) “data subject” relates to an identifiable individual.
(h) The “European Economic Area” or “EEA” consists of EU Member States and European Free Trade Association members (Iceland, Liechtenstein, and Norway), excluding Switzerland.
(i) “EU Member States” pertains to the existing member nations of the European Union.
(j) “personal data” encompasses any information that can, either directly or indirectly, identify a living individual.
(k) “Customer Data” indicates personal data processed by the Company on the Customer's behalf.
(l) “Personal Data Breach” describes a security violation leading to unintentional or unlawful harm, loss, change, unauthorized disclosure, or access to processed personal data, as outlined by the GDPR.
(m) “processing” signifies any actions conducted concerning personal data, including but not limited to collection, recording, storage, alteration, retrieval, usage, transmission, and destruction.
(n) “Services” represent the Company's ongoing fraud prevention services.
(o) “Standard Contractual Clauses” refers to the official agreement for transferring Customer Data, as recognized by the GDPR, especially those endorsed by the European Commission. This includes: • Decision on 5 February 2010 regarding standard clauses for transferring data to processors in third countries under Directive 95/46/EC. • Implementing Decision (EU) 2021/914 on 4 June 2021 for standard clauses for data transfer to third countries as per Regulation (EU) 2016/679.
(p) “sub-processor” is a processor engaged by the Company, handling Customer Data on the Controller's behalf as part of its service commitments to the Company.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and the company and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
"HelpRight Canada" refers to
Unless otherwise specified, the terms of use detailed in this section apply generally when using HelpRight Canada.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using HelpRight Canada, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by HelpRight Canada.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on HelpRight Canada is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of HelpRight Canada.
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on HelpRight Canada is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on HelpRight Canada infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on HelpRight Canada, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on HelpRight Canada, the User may download, copy and/or share some content available through HelpRight Canada for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to HelpRight Canada.
By providing content to HelpRight Canada, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content on HelpRight Canada they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of HelpRight Canada as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to HelpRight Canada.
Users acknowledge, accept and confirm that all content they provide through HelpRight Canada is provided subject to the same general conditions set forth for content on HelpRight Canada.
Users are solely liable for any content they upload, post, share, or provide through HelpRight Canada. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to HelpRight Canada:
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through HelpRight Canada.
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.
Through HelpRight Canada Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on HelpRight Canada Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via HelpRight Canada. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
HelpRight Canada and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of HelpRight Canada and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to HelpRight Canada or the Service, terminating contracts, reporting any misconduct performed through HelpRight Canada or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
HelpRight Canada gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on HelpRight Canada.
In order to take advantage of this offer, Users may invite others to purchase the Products on HelpRight Canada by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on HelpRight Canada any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on HelpRight Canada.
Tell-a-friend codes may be limited to specific Products among those offered on HelpRight Canada.
The Owner reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to HelpRight Canada are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of HelpRight Canada and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Users may access their data relating to HelpRight Canada via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses HelpRight Canada, is bound by these Terms and, in addition, by the following specific terms:
Some of the Products provided on HelpRight Canada, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of HelpRight Canada.
To purchase Products, the User must register or log into HelpRight Canada.
Prices, descriptions or availability of Products are outlined in the respective sections of HelpRight Canada and are subject to change without notice.
While Products on HelpRight Canada are presented with the greatest accuracy technically possible, representation on HelpRight Canada through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on HelpRight Canada are displayed:
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of HelpRight Canada.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of HelpRight Canada.
All payments are independently processed through third-party services. Therefore, HelpRight Canada does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
The payment of the purchase price may be settled in two or more installments, within the deadlines specified on HelpRight Canada or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
If Users authorize the PayPal feature which allows future purchases, HelpRight Canada will store an identification code linked to the Users’ PayPal account. This will authorize HelpRight Canada to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
HelpRight Canada or specific Products available for sale on HelpRight Canada must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of HelpRight Canada within 15 days of concluding the contract.
Unless otherwise stated, digital content purchased on HelpRight Canada is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) may be required to meet the technical requirements specified on HelpRight Canada.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
The purchased service shall be performed or made available within the timeframe specified on HelpRight Canada or as communicated before the order submission.
Users have the option to test HelpRight Canada or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of HelpRight Canada may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on HelpRight Canada.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on HelpRight Canada. When doing so, Users acknowledge and accept that
The above shall prevail upon any conflicting or diverging provision of these Terms.
Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside HelpRight Canada.
At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.
The fee due upon extension will be charged on the payment method that the User chose during purchase.
After extension, the subscription will last for an indefinite period and may be terminated monthly.
The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter.
Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside HelpRight Canada.
If the notice of termination is received by the Owner by the end of the current month, the subscription shall expire at the end of such month.
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 30 days after the notice of termination has been received by the Owner.
Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of HelpRight Canada.
Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal is a right designed for European Consumers in the case of distance contracts (because the User is not able to see or try the Products before closing the contract). Withdrawal from the contract terminates the obligation of the contracting parties to perform the contract.
On HelpRight Canada the right of withdrawal applies to all Consumers, regardless of where they are based, without prejudice to any more specific rights available to Users based on applicable law and/or this document.
Unless any exception mentioned below applies, if any, Users who are Consumers have a right to withdraw from the contract within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the economic value of the service and be proportional to the part of service provided until the time the User withdraws compared to the full coverage of the contract.
The right of withdrawal does not apply to contracts:
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as HelpRight Canada has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
HelpRight Canada is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of HelpRight Canada and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of HelpRight Canada.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to HelpRight Canada are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with HelpRight Canada are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of HelpRight Canada must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
This Agreement shall continue in effect until it is terminated by either HelpRight Canada or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of HelpRight Canada or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.