Terms and Conditions
1. Overview
1.1 Help By Shopping.com (“Help By Shopping”) is an online advertising platform for viewing and/or obtaining information related to products and/or services. Our Terms of Use are about the relationship between you (or anyone acting on your behalf or with access to your account and our website) and Help By Shopping.com. These Terms of Use set out the relationship and affect your legal rights. Please read these Terms of Use carefully before using the Help By Shopping website (“Site”). By using, visiting, browsing, or registering for Help By Shopping, you agree to be bound by the terms and conditions in these Terms of Use. If you do not agree to all the terms and conditions contained in these Terms of Use, you should not become a user of or use Help By Shopping in any way whatsoever.
2. Right To Use
2.1 Help By Shopping provides the Site to you subject to the Terms of Use, which may be amended by us from time to time without notice to you. It is your sole responsibility to review these Terms of Use for any changes that were made. These Terms of Use constitute a binding agreement between Help By Shopping and you and govern your use of the Site. You are only authorized to use the Site if you agree to comply with these Terms of Use and all other relevant applicable laws.
2.2 By choosing to become a user of or using the Site you confirm that you have read, agree with and accept all the terms and conditions contained in this Terms of Use agreement. Each time you use or visit the Site you confirm your agreement to be bound by and acknowledge any changes to the Terms of Use. You also undertake to familiarize yourself with and comply with the Terms of Use provided under this agreement (as may be amended at our discretion if deemed necessary). Any change(s) that we deem significant to the Terms of Use will also be notified to you separately on the Site and will be effective immediately. If you do not agree with any specific changes to this Terms of Use you must terminate your usage of Help By Shopping. If, after any such changes to this Terms of Use, you continue to be a user of our Site, you will be considered by us to have accepted the varied terms as part of the Terms of Use.
2.3 Subject to the above clauses, Help By Shopping hereby grants you permission to use the Site as set out in these Terms of Use, provided that:
i. your use of the Site is solely for it’s intended purpose(s);
ii. you will not copy or distribute any part of the Site in any medium without Help By Shopping’ prior written authorization;
iii. you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
iv. you will otherwise comply with the terms and conditions of these Terms of Use.
2.4 These Terms of Use are the whole agreement between you and Help By Shopping. Other communications between you and Help By Shopping by way of written or verbal communication are not intended to alter these Terms of Use unless expressly stated in writing and signed by you and Help By Shopping. These Terms of Use are effective from the 1 June 2012.
3. The Role Of Help By Shopping
3.1 You acknowledge and agree the Help By Shopping is not the provider of the actual product(s) or service(s) related to your transaction, Help By Shopping has no control over the quality, safety, legality of the product(s) or service(s) available on our website, the truth or accuracy of the listing, the ability of the person, people and/or business from which the product or service is was obtained. We cannot ensure and do not guarantee that the transaction will be completed or that the person, people and/or business offering the product or service will act lawfully. All services provided by Help By Shopping is provided on a best effort basis only and no information to the contrary is to be accepted as authorized or factual.
3.2 When you enter into a transaction you create a legally binding contract. You are responsible for ensuring that you comply with your obligations. If you do not, you will become liable for paying the full cost of the product or service. You must ensure that you are aware of any laws relevant to you as a participant. If the product or service provider breaches any obligation to you, then you, and not Help By Shopping, are responsible for enforcing any rights that you may have.
3.3 Help By Shopping does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online access, we are not otherwise involved in the transactions and interactions between buyers and sellers. Any disputes must be resolved between the buyer and the seller and we will only become involved as set out below.
3.4 User identification is based on gathered data and Help By Shopping cannot and does not confirm a user’s purported identity.
3.5 Since Help By Shopping is not the seller of the product or service Help By Shopping specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
3.6 Help By Shopping, not being a party to the transaction, does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. Help By Shopping may plead these Terms of Use in bar to any claim, action, proceeding or suit brought by you, against Help By Shopping for any matter arising out of any Help By Shopping transaction or otherwise in respect of these Terms of Use. This clause does not affect any rights you may lawfully have against Help By Shopping itself for its own acts or omissions.
3.7 We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other users sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other users to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site. Please note that there may be risks in using our Site, including dealing with international suppliers and dealing with foreign nationals.
4. Transactions
4.1 Submission of the form is your initial indication of your intention to complete the transaction and Help By Shopping has proceeded with that understanding and as such, you are obliged to complete the transaction, unless it is prohibited by law or by these Terms of Use. You cannot change your mind and rescind a transaction once you have elected to participate in the transaction.
5. Refundable Deposits For Special Orders Of Products and/or Services
5.1 Help By Shopping may require a deposit for some transactions. Deposit is only refunded if Help By Shopping was not able to complete the transaction with the source offering the product or service. The user may not back out of the transaction for any reason whatsoever. All transactions are attempted on a best effort basis only. Help By Shopping uses account credit for the handling of all REFUNDABLE DEPOSITS. All (100%) of the value of the deposit paid by you is placed into your account and is used as part of your payment for the product or service to which it was intended. The deposit cannot be transferred to other users or used to purchase another product or service. If the deposit is not used to purchase the product or service at the transaction date it will be forfeited to Help By Shopping.
5.2 Deposit is your initial indication of your intention to complete the transaction and Help By Shopping has proceeded with that understanding. Deposits are not intended for users to accumulate or stockpiled for future related or unrelated uses. Users MUST use the deposit for the transaction for which it was intended. If we terminate a person’s usership in accordance with the Terms of Use, that user will lose all Deposits in their account.
5.3 Deposits are intended for the benefit and participation of and are available to individual users only. Each user may maintain only one account.
5.4 Help By Shopping reserves the right to amend the amount of Deposits in the user’s account pending the resolution of a transaction in dispute, in consequence of a breach of the Terms of Use or for any other reason deemed reasonable by Help By Shopping.
5.5 Deposits are automatically credited to a user’s account and are removed when the user purchases the product or service.
6. Sharing Information
6.1 The sharing of information is permitted in the original format only.
6.2 Any modification whatsoever to the information is to be deemed unauthorized and is not to be accepted a being from Help By Shopping.
7. Usership Eligibility
7.1 Help By Shopping may change its services and suspend, terminate or restrict your usership at any time if it believes that this is reasonably justified within these Terms of Use. In the event that Help By Shopping changes its services, suspends, terminates or restricts your usership you may not be able to access the Site and our services temporarily or permanently and you are prohibited from applying for a new account.
7.2 Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form, legally binding contracts under applicable law (18 years of age and over) or, if those individuals are 18 years of age and over, they have parental or guardian consent. If you are under 18 years of age or do not qualify, you must not use the Site.
7.3 In order to access some features of the Site, you will have to create an account. Each user is only eligible for one account. When creating your account, all the information that you are required to provide must be accurate and complete. You are solely responsible for the activity that occurs on your account, whether it is done by you or not, so you must keep your login details and password secure. In addition, you agree to immediately notify Help By Shopping of any unauthorized use of your account or any other breach of security. Help By Shopping cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms of Use.
7.4 Your usership is not transferable. Your Help By Shopping account may not be dealt with in any way. In particular, you must not allow others to use your account, nor must you use another user’s account, except with express permission and you must not transfer or sell the account to another party. While you are a user you must maintain control of your account.
7.5 By registering with Help By Shopping, you represent that you are of legal age to form a binding contract or you have parental or guardian consent and you are not a person barred by any laws from using the Site. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, indemnities, representations and warranties contained in these Terms of Use and that you will abide by and comply with these Terms of Use. You agree to provide true, accurate, current and complete information about yourself in all required fields on the Site. If any of your information changes, you agree to update your registration information as soon as possible. If Help By Shopping suspects that your information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Site.
8. Disputes Between Buyers And Product And/Or Service Providers
8.1 Any action initiating a dispute should be taken as soon as possible after transaction. Once contacted by the user, Help By Shopping will assist in the process of resolving the matter with the provider of the product or service.
9. Right Of Help By Shopping To Alter Content
9.1 Help By Shopping reserves the right:
-to suspend or permanently remove any available product or service without warning;
-to alter or edit any information without warning;
-to freeze or delete a user’s account;
-to debit or credit a user’s account as a result of a dispute.
10. Prohibited Uses
You hereby represent and warrant that you will not:
-Do anything in connection with the Help By Shopping that violates any law, regulation, or third party right;
-Publish falsehoods or misrepresentations that could damage Help By Shopping or any third party;
-Impersonate another person or entity
-Use Help By Shopping for any illegal purpose
-Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petition for signatures;
– Use Help By Shopping for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, and other proprietary rights, and data protection and privacy;
-Defame, harass, abuse, threaten, or defraud users, or collect;
-Fail to pay in full for your transaction with Help By Shopping;
-Artificially or purposefully manipulate item pricing.
11. Complaints
11.1 If you have a complaint regarding the Site, you can contact us by email via the ‘Contact us’ page. We will deal with complaints as fast as we can.
11.2 Also you undertake to assist us to maintain the quality of the Site by bringing matters that do not reflect well on the service to our attention as soon as reasonably practical including potential breaches of these Terms of Use.
12. Social Elements Of Help By Shopping
12.1 At Help By Shopping we recognize that users may develop cordial relationships with other users. We urge you to exercise due caution since people may not be who they say they are on the internet and their being a user of Help By Shopping is no guarantee of decency, reliability or honesty.
12.2 You specifically acknowledge that Business Helping Communities shall not be liable for the conduct of any third party and that the risk of harm or damage from the foregoing rest entirely with you.
13. Referral Team
13.1 By choosing to join our referral team, you hereby agree that your participation in no way whatsoever constitutes an employer and employee relationship and no information to the contrary should be accepted as factual and/or authorized. Furthermore you agree NOT to do anything whatsoever that could be determined as detrimental or potentially detrimental to all things directly and/or indirectly related to our business and our brand. You are NOT authorized to use our brand in any way whatsoever that has not been previously authorized in writing. All benefits to you are based solely on completed transaction(s) by the people and/or businesses that you have directly referred, AFTER they have joined the program using either your assigned gift, referral or promotion code.
Help By Shopping.com may amend this Terms and Conditions from time to time. It is your responsibility to review this Policy to check for updates.
Privacy Policy
Help By Shopping.com takes seriously its obligations to protect personal information in its possession. This Privacy Policy outlines how Help By Shopping.com deals with personal information.
Definitions
In this Policy:
“Collection” means the act of gathering, acquiring, or obtaining personal information through Help By Shopping.com website, by email, in person, by phone, or by mail or through any other source or means, including third parties.
“Disclosure” means making personal information available to a third party.
“Personal information” means information about an identifiable individual in any form, including, for example: name, age, contact information, previous phone numbers and credit information. Personal information does not include the business contact information of individual, information about corporate or commercial entities, information exempted under PIPEDA, or information that cannot be associated with a specific individual.
“PIPEDA” means the federal Personal Information Protection and Electronic Documents Act.
“Third party” means an individual or organization other than Help By Shopping.com and the customer.
“Privacy Officer” means an individual designated by Help By Shopping.com who is accountable for Help By Shopping.com compliance with this Policy.
“Use” means the treatment and handling of personal information by and within Help By Shopping.com.
Help By Shopping.com will adopt policies and procedures to protect personal information, receive and respond to complaints and inquiries by providing information regarding these policies and procedures in an accessible format, and train its staff regarding these policies and procedures.
Help By Shopping.com assumes responsibility for personal information in its possession or custody, and this responsibility extends to information that is communicated to a third party for processing purposes. Our clients and partners have obligations to consumers when accessing personal information from us or providing personal information to us. Help By Shopping.com enters into arrangements so as to ensure that the requisite level of protection is afforded to personal information being processed by a third party and that third parties comply with applicable laws and obtain any necessary consents.
Help By Shopping.com as part of it’s business practice collects such personal information as is necessary to provide it’s services.
The following are the particular purposes for which Help By Shopping.com collects personal information (“identified purposes”):
-providing its services and products to customers;
-maintaining commercial relations and communicating with customers (e.g. regarding billing, advertising and promotions);
-in connection with a transfer, sale, financing or reorganization of Help By Shopping.com or its assets;
-managing its operations;
-for specific purposes identified at the time of collection;
-identifying customers’ needs and preferences;
-satisfying legal and regulatory requirements.
If Help By Shopping.com intends to use personal information that was previously collected for a purpose or purposes other than those set out above, Help By Shopping.com will identify and explain the new purpose prior to its use. Help By Shopping.com will obtain consent for the use of information for a new purpose prior to its use unless the new purpose is required by law or its use comes under the exceptions noted below.
On occasion, Help By Shopping.com will communicate special bonuses and/or new product offers to you that may be of interest. As a Help By Shopping.com customer, you are entitled to opt-out of receiving such information from Help By Shopping.com; if you would prefer not to receive direct marketing materials of this nature, please inform us by using the contact form on our site.
Help By Shopping.com will not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that which is required in order for Help By Shopping.com to meet its stated purposes.
Help By Shopping.com website may contain links to other sites that are not governed by this Privacy Policy. Help By Shopping.com provides these links to customers only as a convenience; their presence does not signify or imply any endorsement or verification of these sites or the products and/or services advertised by those sites. Help By Shopping.com assumes no responsibility for the collection, use and/or disclosure of personal information obtained on such other sites, and expressly disclaims any and all liability related to the collection, use or disclosure of such information.
An individual’s consent can be express or implied, or it may be given through an authorized representative (such as a legal guardian) or agent. Consent may be provided orally, in writing, or electronically. The form of consent sought by Help By Shopping.com may vary, depending upon the circumstances, the type and sensitivity of information disclosed, and the reasonable expectations of the person about whom it collects personal information. Help By Shopping.com will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate when the information is less sensitive. The use of products or services by a customer will be considered implied consent to the collection, use and disclosure of personal information for the particular purposes identified above. In some cases, consumers will not provide consent directly to Help By Shopping.com, but to one of our agents. We work with our agents to make them aware of the importance of obtaining consumer consent prior to providing Help By Shopping.com with personal consumer information.
An individual may withdraw consent at any time by providing Help By Shopping.com with notice in writing, subject to any applicable legal or contractual restrictions. Help By Shopping.com will inform the individual of the associated implications, including the fact that if consent is withdrawn, Help By Shopping.com may be unable to process requests for certain products and services.
Help By Shopping.com may also seek out personal information from third parties, who represent that they may disclose personal information about our customers.
Customers may visit Help By Shopping.com website anonymously without revealing any personal information. When a customer visits the site, his or her IP address is collected by Help By Shopping.com, so that the website can determine where to send the information that is being requested; this IP address does not identify a customer personally. Personal information is obtained through Help By Shopping.com website only by the knowing and consenting supply of that information by a customer.
Help By Shopping.com website uses cookies, which are files sent to your web browser from Help By Shopping.com website and stored on your computer’s hard drive. These cookies are small text files which contain a unique identification number associated with your computer, to allow Help By Shopping.com to collect aggregated, anonymous information on the use of its website (for example, which pages were visited, what content was downloaded, and the type of web browser employed). Cookies allow Help By Shopping.com to track visitors to its site and compile related statistics and, in turn, enable Help By Shopping.COM to improve customers’ online experience and to monitor the site’s operation. Help By Shopping.com does not collect personal information through the use of cookies on its website. The use of cookies is an industry standard and, in fact, is common across many industries. Customers may choose to configure their web browsers so as to reject all cookies or to notify the customer when a cookie is sent. Although customers need not accept cookies to visit Help By Shopping.com website, the site’s functionality may be compromised. If cookies are not accepted, some features may not work properly.
Personal information will only be used or disclosed for the identified purposes and as authorized by PIPEDA and other applicable laws, except with an individual’s consent or as required or permitted by law, or in the circumstances described above.
There are some situations in which Help By Shopping.com may disclose personal information about a particular customer to third parties. For example, Help By Shopping.com may disclose information to the following parties:
– Persons involved in marketing or developing Help By Shopping.com services;
– Emergency services;
– People who are an agent of the customer, as reasonably determined by Help By Shopping.com;
– third party affiliates of Help By Shopping.com that fulfill certain administrative purposes on Help By Shopping.com behalf, such as billing; and
– Any other third party, with the customer’s consent or as required by law.
Note that some of these parties to whom information may be disclosed may be located outside of your country. If Help By Shopping.com believes that a third party is using personal information in a manner that does not comply with applicable laws, industry codes or contracts, Help By Shopping.com will pursue corrective action, up to and including termination of the relationship.
Help By Shopping.com will retain personal information only for as long as is necessary for the fulfillment of the identified purposes or as otherwise permitted or required pursuant to applicable legislation. Help By Shopping.com will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. Help By Shopping.com will take due care when destroying personal information so as to prevent unauthorized access to the information. In any event, Help By Shopping.com will retain personal information used to make any decisions about an individual for the requisite period of time in order to allow that individual access to the information after a decision has been reached; information will be retained long enough, should an access request or a challenge to that decision be brought, so that any recourse available at law may be fully exhausted.
Help By Shopping.com will make reasonable efforts to ensure that the personal information it is using or disclosing is accurate and complete. Help By Shopping.com undertakes to ensure that information will be sufficiently accurate and current so as to minimize the likelihood of outdated information being used in connection with any decision to be made about a particular individual. Help By Shopping.com will not update personal information on a routine basis, unless doing so is required in order to fulfill the purposes for which that information was obtained. The extent to and speed at which personal information will be updated depends on the nature and use of that information.
In some cases, Help By Shopping.com relies on third parties who in turn rely on you to ensure that certain personal information is current, complete and accurate. Where an individual demonstrates satisfactorily to Help By Shopping.com that his or her personal information is inaccurate or incomplete, Help By Shopping.com will amend the information, as required. If Help By Shopping.com considers it appropriate, it will transmit the revised information to third parties who may access that information.
We take the protection of personal information seriously. Help By Shopping.com protects the personal information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. The safeguards employed are chosen to reflect the relative sensitivity of the information in question, the distribution and format of the information, and the method and location of storage of the information.
These safeguards include:
• Physical measures, such as locked filing cabinets;
• Organizational measures, such as restricting employee access to files and databases as appropriate;
• Electronic measures, such as passwords and firewalls;
• Regular reviews of processes in place to safeguard personal information; and
• investigative measures, where Help By Shopping.com has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.
Help By Shopping.com is committed to refining its technological security features and introducing new features as they become available and reliable. However, the state of current technology is such that Help By Shopping.com cannot ensure that its system is entirely sufficient or impermeable, and as such makes no warranties or representations to that effect. Help By Shopping.com will not assume liability for any damages or liabilities (actual or consequential) that may result from security breaches or technical difficulties that in turn lead to a breach of this Privacy Policy, including those arising as a result of Help By Shopping.com negligence.
Help By Shopping.com communicates to its employees the critical importance of ensuring the confidentiality of all personal information in its control or possession, and its employees are governed by non-disclosure obligations that prohibit disclosure of any personal information for purposes other than the stated purposes. Help By Shopping.com will take reasonable steps, through contractual or other reasonable means, to ensure that a comparable level of personal information protection is implemented by the suppliers and agents who assist in providing services to you.
To ensure the integrity of our security procedures and business methods, Help By Shopping.com will not disclose sensitive information about its policies and procedures, nor will it disclose commercial information which it considers to be confidential.
Upon written request and authentication of identity, Help By Shopping.com will confirm whether it possess information about an individual and will provide information regarding the collection, use and disclosure of that individual’s personal information and grant the individual access to that information, providing a reasonable opportunity to review his or her file. The accuracy of such information may be challenged and/or updated by that individual, and it will be amended as appropriate. The written request or application must contain sufficient information to enable Help By Shopping.com to provide an account of the existence, use and disclosure of this information to third parties.
Typically, Help By Shopping.com will provide the pertinent personal information at no cost, depending on the nature and extent of the request. However, Help By Shopping.com reserves the right to impose a cost in appropriate circumstances; should a cost be imposed, Help By Shopping.com will communicate the approximate cost to the individual and will await payment before proceeding. Help By Shopping.com is committed to providing any requested information in a format that is accessible and easily understandable.
In response to any requests seeking further details regarding disclosure of personal information to third parties, Help By Shopping.com will provide as much detail and information as is reasonably possible. Where Help By Shopping.com cannot provide a fulsome list of the third parties to whom it has disclosed the relevant personal information, it will provide a list of the third parties to whom it may have disclosed such information.
In some situations, Help By Shopping.com may not be able to provide access to certain personal information. This may be the case where, for example: disclosure would reveal personal information about another individual or sensitive commercial information and that information cannot be severed; the personal information is protected by solicitor-client or litigation privilege or would be prohibitively costly; the information was collected for the purposes of an investigation relating to investigation of a breach of an agreement or contravention of a law; or the information was generated in the course of a formal dispute resolution process. Help By Shopping.com may also be prevented by law from providing access to certain personal information. Where possible, Help By Shopping.com will disclose the reasons for denying access to an individual upon written request.
Where an individual is unsatisfied with Help By Shopping.com response to a challenge or a request for information, Help By Shopping.com will record details of that challenge in the individual’s file.
Help By Shopping.com has in place certain procedures in order to receive and respond to inquiries and complaints regarding its Privacy Policy and compliance therewith. Help By Shopping.com will, on request, provide customers with information regarding its complaint procedures. Any inquiries, complaints or questions regarding this Policy, or compliance with the principles outlined herein, should be directed in writing to the Help By Shopping.com Privacy Officer.
Help By Shopping.com may amend this Policy from time to time. It is your responsibility to review this Policy to check for updates.
