Terms and Condition

Helping wind is a consultancy firm which specializes in solving issues regarding IT & Technical, Psychological, Career Guidance, Physical & Mental Health fields for various firms and

clients. We provide our clients with the best possible solution for their daily life problems.

We provide excellent client care and satisfaction by ensuring that our clients receive proper assistance and guidance at every step of the journey from our highly skilled team of experts.

 

Expert’s is desirous of using the platform to offer the help, assistance, guidance, needed to customer through platform

 

Thereby we all agree to all terms and condition given below

User Agreement

This Agreement was last modified on Date of modification. This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information. In this User Agreement

“Account” means the account associated with your email address. Helping Wind, “we”, “our”, “company” or “the company” or “us” means Helping Wind Verified Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy. “Inactive Account” means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time. “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights Helping Wind Services” means all services provided by us to you. “User”, “you” or “your” means an individual who visits or uses the Website, “User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct

 

 

1. Overview

By accessing the Website, you agree to the following terms with Helping Wind.We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you. The User Agreement Shall come into action as soon as you access the website

 

 

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Helping Wind Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools, we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the age of 16
  3. a person barred from receiving and rendering services under the laws of India or another applicable jurisdiction are suspended from using the Website; or do not hold a valid email address/valid Phone Number

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Helping Wind

While using the Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our Websites and services
  2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
  3. fail to deliver payment for services delivered to you
  4. fail to deliver Seller Services purchased from you
  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Helping Wind
  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  8. transfer your Helping Wind account (including feedback) and Username to another party without our consent;
  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  10. distribute viruses or any other technologies that may harm Helping Wind, the Website, or the interests or property of Helping Wind users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  11. download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  13. copy, modify or distribute rights or content from the Website’s copyrights and trademarks; or
  14. harvest or otherwise collect information about Users, including email addresses, without their consent.
  15. Use Helping Wind to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, Ethereum, etc.).

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees and Services

We charge fees for certain services, such as for consultation from the expert. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on Consultation) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

0% Fees Promotion

  1. Helping Wind reserves the right to review classifications of Expert/Advisor as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. The Expert/Advisor must have worked with, and paid, the Referrer applying to use this promotion before the beginning of this promotion, for example from another platform. The Expert/Advisor may be required to provide evidence of this prior work and payment before being eligible for the commission reduction. To be eligible for this promotion, The Expert/Advisor must not have had any account on Helping Wind prior to creating the new account.
  2. All other elements of the User Agreement continue to apply – see http://helpingwind.com/ All other elements of the Fees and Charges component of the Additional Terms continue to apply – see http://helpingwind.com/
  3. Helping Wind may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  4. Helping Wind may require that the details for any Project for which the commission reduction applies are appropriately complete.
  5. This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if Helping Wind believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Expert/Advisor and the Referrer, or for any other reason.
  6. Helping Wind reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud.
  7. Helping Wind reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.
  8. Helping Wind reserves the right to cancel or amend this promotion at any time.
  9. Helping Wind reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
  10. Helping Wind reserves the right to recover the fees from any users participating in the 0% program should it discover at any time that the users were found not to be acting in good faith

This is subject to the following conditions: (CHECK ENTIRE SECTION)

  1. Helping Wind is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in India), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

For Indian Seller on Helping Wind only: As of 1st of October 2018 Indian GST laws mandate a collection of 1% GST by http://helpingwind.com/ as tax on the net value of taxable supplies made by the Seller through the web portal of Helping Wind. Accordingly, Helping Wind shall collect a 1% tax from the net value of the taxable projects or listings made by the Buyer and will deposit the same to the Indian government exchequer in accordance with applicable GST laws. In cases where (i) the Seller is outside India and (ii) GST is payable by the Buyer under reverse charge basis, Helping Wind is not required to collect this tax.

 

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

 

9. Promotion

We may display your company or business name, logo, images or other media as part of the Helping Wind and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

10. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
  2. will not violate any law or regulation;
  3. will not be obscene or contain child pornography;
  4. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
  5. will not contain material linked to terrorist activities
  6. will not include incomplete, false or inaccurate information about User or any other individual; and
  7. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Helping Wind Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

11. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Helping Wind feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Helping Wind or its related entities, without our written permission.

12. Advertising (Content Needed)

13. Communication with Other Users

Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, Snap Chat, G Talk, G Chat or Yahoo.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Helping Wind may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

14. Identity / Know Your Customer

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver’s license). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Helping Wind Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

If you are not Helping Wind Verified you may not be able to withdraw funds from your Helping Wind Account, and other restrictions may apply. See the “Know Your Customer and Identity Verification Policy for more details.”

15. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

  1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
  2. we believe that the beneficiary of the payment is someone other than you;
  3. we believe that the payment is being made to a country where we do not offer our Service or we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

16. Refunds

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at contact@helpingwind.com

If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

17. Inactive Accounts

User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, provision of the Hire Me service, file storage, message transmission, general administrative matters and message and other storage costs.

The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

18. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

  1. if we determine that you have breached, or are acting in breach of this User Agreement;
  2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
  3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  5. you do not respond to account verification requests;
  6. you do not complete account verification when requested within 3 months of the date of If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

19. Disputes with Us

If a dispute arises between you and Helping Wind, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at contact@helping wind.com

For any claim, Helping Wind may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If Helping Wind elect’s arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Helping Wind will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Helping Wind must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Helping Wind may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Helping Wind has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Helping Wind will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Helping Wind‘s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

20. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Helping Wind and the appropriate third party, as applicable;
  4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

21. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

  1. not having any outstanding listings on the Website;
  2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
  3. paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

22. Privacy

We use your information as described in the Helping Wind Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

23. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Helping Wind Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

24. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Helping Wind Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

25. No Warranty as to Each User’s Purported Identity

We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

26. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. the Website or any Seller Services or Helping Wind Services;
  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or Helping Wind Services;
  3. whether the Website or Helping Wind Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
  4. whether defects in the Website will be corrected;
  5. whether the Website, the Seller Services or the Helping Wind Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Helping Wind Services;
  6. any third-party agreements or any guarantee of business gained by you through the Website, Seller Services or Helping Wind Services or us; or
  7. the Website, Seller Services or Helping Wind Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

27. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;
  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Helping Wind services again or the payment of the cost of having the Helping Wind services supplied again.

28. Notices

Legal notices will be served or to the email address you provide to Helping Wind during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

29. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

 

30. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

31. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Helping Wind Website. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

  • Privacy Policy
  • Code of Conduct
  • Milestone Dispute Resolution Policy
  • Know Your Customer and ID Verification Policy
  • Exam Terms and Conditions

Each of these policies may be changed from time to time. Changes take effect when we post them on the Helping Wind Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

32. Abusing Helping Wind

Helping Wind reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate or non bonafide purpose
  2. creating problems with other users or potential legal liabilities
  3. infringing the intellectual property rights of third parties
  4. acting inconsistently with the letter or spirit of any of our policies
  5. abuse of any staff members including inappropriate or unreasonable communications
  6. abuse or poor performance in the Preferred Helping Wind Program
  7. any attempt to use Helping Wind‘s platform or services for any objectionable purpose

1.MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Helping Wind reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Helping Wind  will post notice of the changes and the amended Terms of Use at the domain of          http://helpingwind.com/ It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

 

 

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law

 

 

You need not register with Helping Wind to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Helping Wind in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your Helping Wind password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Helping Wind immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Helping Wind’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not Helping Wind will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Helping Wind or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

 

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

       You will not copy or distribute any part of the Website in any medium without Helping Wind’s prior written authorization.

       You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

       You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

       You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without Helping Wind’s prior written approval.

       You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

       You shall not in any way that transmits more request messages to the Helping Wind servers, or any server of a Helping Wind subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Helping Wind reserves the right to revoke these exceptions either generally or in specific cases.

       You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Helping Wind without express written permission from Helping Wind.

       You shall not take any action that (i) unreasonably encumbers or, in Helping Wind’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Helping Wind’s measures that are used to prevent or restrict access to the Website.

       You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

 

Helping Wind Fees

1. FEES INCURRED BY SERVICE PROFESSIONALS

Joining Helping Wind, opening an Account, posting Services and viewing posted Services is free. Helping Wind reserves the right at its sole discretion to charge fees to Service Professionals for other services that Helping Wind may provide in the future.

Whenever the Credits fall below the prescribed threshold, the Service Professional shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users.

The service professional is entitled to refund of credits that is credited back in their wallet in the following conditions:

1. Refunds are processed only when a customer has cancelled the request and not viewed your profile

2. Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response

 

 

2. FEES INCURRED BY SERVICE USERS

Joining Helping Wind, opening an Account, viewing posted Services. Helping Wind currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, Helping Wind reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Helping Wind has provided you with thirty (30) days’ notice by posting the changes on the Website.

If applicable, you agree to pay all fees or charges to your Account based on Helping Wind’s fees, charges, and billing terms then in effect. If you do not pay on time or if Helping Wind cannot charge your credit card, any payment gateway or other payment method for any reason, Helping Wind reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use.

 

 

3. TAXES

You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Helping Wind shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.

 

 

4. REFUND POLICY

All commissions payable to Helping Wind by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.

All money paid by Service Professionals in form of “Credits” are non-interest bearing and shall be refunded to the Service Professionals if they remain un-utilized for a period greater than 364 days only. Such amounts shall not be refunded prior to that.

If poor customer service or inappropriate behavior with customers results in the professional being de-listed from the Helping Wind Partner platform, then all credits (purchased or promotional) will have to forfeited, and there will be no refund made in such a case.

 

P. Advertisements

Aspects of the Website and other Helping Wind services may be supported by advertising revenue. As such, Helping Wind may display advertisements and promotions on the service. The manner, mode and extent of advertising by Helping Wind on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Helping Wind of any advertised products or services. You agree that Helping Wind shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

 

 

S. Limitations of Liability

1. IN NO EVENT SHALL HELPINGWIND, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELPING WIND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF HELPINGWIND, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HELPINGWIND BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT HELPING WIND SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HELPING WIND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY HELPINGWIND. HELPING WIND DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, HELPING WIND WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE HELPING WIND FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.

 

 

 

 

 

 

T. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HELPINGWIND, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE HELPING WIND (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY HELPING WIND WITHOUT RESTRICTION.