Terms and use 

 

1. Introduction

 

These Terms of Service (the "Terms") apply to all users who visit the Site ("User"). Before using this Site or creating a Hearty Helper account, please read the following Terms of Service and any relevant Additional Terms ("Account"). Do not use our services, the Site, or create an account if you disagree with these terms.

 

You represent, warrant, understand, and agree to be bound by these Terms of Use and any relevant Additional Terms in its entirety by using the Site or Services, regardless of whether you register as a user of the Site or Services.

 

In accordance with these Terms:

 

Hearty Helper refers to Private Company Limited and its subsidiaries ("Hearty Helper," "we," or "our").

 

The "Site" refers to www.HeartyHelper.io and any other websites, web pages, mobile applications, and mobile websites operated by Hearty Helper in Thailand. However, it excludes and does not involve sites and services subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile websites.

 

The term "Services" refers to any services Hearty Helper provides through the Site or other channels, including all site content.

 

The Site's services are intended to enable meetings between the Caregivers ("Caregivers") and the service recipients ("Customer") (collectively "you," "Users," "Client," or "Parties"). Hearty Helper cannot guarantee that meetings will result in a successful transaction. In the event of a complete transaction, the actual contract for services is between Caregivers and Customer, and Hearty Helper is not a party to that or any other contract between Caregivers and Customer and has no duties concerning such a contract. These parties will bear all responsibility for the service contract between them. Hearty Helper is not liable for or engaged in any breach, violation, or damages between Caregivers and Customers, regardless of the reason. Hearty Helper may or may not pre-screen Caregivers and Customers and the submitted Content or information. Hearty Helper employs no Caregivers and is not liable for the activities or behavior of any Caregivers or customers.

 

2. By using the Site, you represent and agree that: 

 

Rivals, employees of competitors, and affiliates are forbidden from accessing the Site for harmful reasons or competitive intelligence gathering. Any infringement of this policy will result in a court order and a demand for compensation in full.

 

You acknowledge and agree that Hearty Helper makes no representations or warranties about the Site's Content's correctness, completeness, or quality. Hearty Helper shall not be responsible for any Content, including, but not limited to, any mistakes, violation, injury, or damage of any kind caused as a consequence of using or relying on any Content posted, emailed, communicated, or otherwise made accessible on the Site.

 

You acknowledge and agree that any Content, whether publicly posted or privately communicated, resides solely with the person from whom such Content originated. This means you are exclusively liable for any content you upload, publish, email, transmit, or otherwise make accessible over the Site.

 

You acknowledge and agree that the information included in User (including Caregivers and Customers) profiles, postings, and applications is given by the relevant party and is not provided by Hearty Helper. Hearty Helper is not responsible for the accuracy or precision of the information provided.

 

You shall maintain the security and confidentiality of your Account's password and any other identifying information we give that enables you to access the Services and the Site. If the Service or Site is accessed via your Account, regardless of whether it is used for the benefit of others, you are solely responsible for any losses incurred as a result of your negligence; Hearty Helper is not liable in this regard.

 

You shall supply us with the required documents, including any evidence of identification we may reasonably seek or as required by law.

Hearty Helper retains the right to immediately cancel the Services and your access to the Site if you fail to comply with any of the aforementioned terms and conditions.

 

3. Privacy

 

Your privacy is a top priority for us at Hearty Helper. We have outlined our privacy policies in the Hearty Helper Privacy Policy to safeguard your rights further. Please check the Privacy Statement to see how Hearty Helper collects and utilizes the data linked with your Account and/or your usage of the Services (the "User Information").

 

4. Disclaimer

 

The User of the Site is unaffiliated with Hearty Helper, regardless of whether the User is a person or a legal business. Hearty Helper is an online platform designed to facilitate User interactions. Hearty Helper is not the User's agent, representative, or employer. Hearty Helper is not liable for any actions or damages caused by the User and is in no way responsible for these matters; Hearty Helper makes no representation or warranty of any kind, either explicitly or implicitly, as to the accuracy, correctness, reliability, absence of viruses, or other harmful components of the information contained within the Sites for any purpose. Hearty Helper shall not be responsible for any direct or indirect damages arising from the use of the Site, including damages caused by malware, viruses, or any inaccuracy or incompleteness of the Information or the User; 

 

Hearty Helper may or may not filter the Content presented on this Site. Hearty Helper and its designees shall have the right, in their sole discretion, to pre-screen, refuse, delete, stop, suspend, remove, or move any Content or information posted by you that is available on the Site as Content or actions that violate the Terms received a complaint from another User or other legal instruction for removal, or if such Content is otherwise objectionable.

 

We may also prohibit transmission of a message to or from the Services as part of our efforts to safeguard the Services or our users or otherwise enforce the terms of these Terms.

 

Hearty Helper reserves the right to access, preserve, and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Hearty Helper or if Hearty Helper has a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third parties; respond to government or regulatory requests; or respond to emergencies.

 

5. License Permission and Intellectual Property

 

You are granted a limited, non-exclusive, non-transferable license to use the following:

 

To view, download, and print any Hearty Helper Content according to the Site's objectives; to see any User Content to which you are granted access according to the Site's purposes.

 

If any materials available on or via the Site violate your intellectual property rights, you may contact us at contact@HeartyHelper.io to have these materials (or access to them) removed from the Site. And given adequate proof to demonstrate ownership of the copyright.

 

6. Fraudulent or suspect conduct

 

Hearty Helper thinks, at its sole discretion, that you may have participated in potentially fraudulent or suspicious behavior and/or transactions in the event of fraudulent or suspicious activity. We may take various measures to protect the User or third parties against Reversals, Chargebacks, Claims, fees, fines, penalties, and other responsibilities. The following steps may be taken, but are not limited to:

 

We may close, suspend, or limit your access to your Account or the Services and/or suspend the processing of any transaction; We may hold, apply, or transfer the funds in your Account as required by judgments or orders affecting you or your Account; We may refuse to provide the Services to you now and in the future.

 

7. Breach of the Terms

 

In the event that the Terms are violated, a variety of measures may be taken, including, without limitation, any or all of the following:

 

• Listing deletion

• Restriction of Account privileges

• Account suspension followed by deletion

• Criminal accusations

• Including without limitation a demand for damages and/or interim or injunctive relief, civil actions

 

Contact us at contact@HeartyHelper.io if you feel a User on the Site has violated these Terms.

 

8. Link to the Third-Party Website

 

The link to the third-party website provided by this website is only a convenience for Site users. Hearty Helper does not control or have the power to endorse or verify a website's correctness, completeness, or trustworthiness. Due to copyright rules, the information on the third-party website may be limited from further distribution. Therefore, any use of such data needs the express authorization of the copyright holder.

 

9. Policies on payment, order, cancellation, and refund

 

All transactions and purchases are non-refundable.

 

The following payment methods are available:

 

Credit Card: Credit card payments are handled by a third-party payment processor (the "Payment Processor") to connect your credit card account to the Site. In addition to these Terms of Service, the processing of payments or credits, as applicable, in connection with your use of the Services and Hearty Helper shall be governed by the Payment Processor's terms, conditions, and privacy policies and your credit card issuer. The Payment Processor is not accountable for any mistakes made by Hearty Helper. Hearty Helper will collect some transaction facts in connection with your use of the Services, which it will use strictly in compliance with our Privacy Policy.

 

Bank Transfer: If the User pays for the Service offering through an Automated Teller Machine or internet bank transfer (a "Bank Transfer") to a specified Hearty Helper bank account, the User must provide Hearty Helper with the transfer receipt or payment transaction reference for verification purposes. The order will be canceled if Hearty Helper does not receive payment confirmation within three (3) days.

Hearty Helper accepts no responsibility and assumes no liability for any loss or damage incurred by the User due to payment information submitted by the User or incorrect remittance in connection with the purchase of a Service offering. We retain the right to verify if the User is permitted to use a particular payment method, and we reserve the right to pause the transaction until such permission is confirmed or to cancel the transaction if such confirmation is unavailable.

 

10. Indemnification

 

By accepting the Terms and using the Services, you agree to defend, indemnify, and hold Hearty Helper, its affiliates, its licensors, and each of their respective owners, officers, directors, other users, employees, attorneys, and agents harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your violation or breach of any term of the Terms or any applicable law or regulation.

 

11. Amendment of the Terms

 

Hearty Helper maintains the right to change, adapt, suspend, or cancel the Site or all or a portion of the Service at any time and to alter these Terms by publishing the updated terms on this website. Your continued use of this website after posting such modifications constitutes your acceptance of the updated Terms of Service.

 

12. Severability

 

If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from the Terms and conditions and shall not affect the validity and enforceability of any remaining provisions in that jurisdiction or the validity and enforceability of the provision in question under the law of any other jurisdiction.

 

13. Interpretation and Law Governing.

 

This Agreement, as well as any interpretations or obligations made according to its provisions, shall be governed by the laws of the Kingdom of Thailand.

 

Contact us at contact@HeartyHelper.io if you have any questions or concerns regarding the Terms or any problems highlighted in the Terms or on the Site.

 

I HAVE READ THE USAGE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE, AS WELL AS ANY REVISIONS THERETO IN THE FUTURE. "JOIN NOW," "LOG IN," "CONFIRM BOOKING," "SEND MESSAGE," "CONTACT US," "CONTACT US VIA SOCIAL MEDIA PLATFORMS," "LINE," "WHATSAPP," "FACEBOOK," "INSTAGRAM," "EMAIL," "PHONE," "CHAT," AND "ACCEPT" WHILE USING THE SITE, I ACKNOWLEDGE THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD MANUALLY SIGNED MY NAME.