HelpStay - Ireland

Legal

Terms and conditions of service for helpStay.com

Introduction
Welcome to helpStay.com. This website is owned and operated by helpStay™. By visiting our website and accessing the information, ‘Resources’, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section for more information).

This agreement is in effect as of May 1, 2014.

We reserve the right to change this ‘User Agreement’ from time to time without notice. You acknowledge and agree that it is your responsibility to review this ‘User Agreement’ periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these ‘Resources’ only for the purposes intended as permitted by (a) the terms of this ‘User Agreement’, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:

In order to access our ‘Resources’, you must be at least 18 years old. By registering to use our ‘Resources’, you represent that you are at least 18 years old.

By registering for an account, you agree to conduct yourself according to the COMMUNITY GUIDELINES set forth on this site.

You may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use ‘Resources’. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the accuracy and confidentiality of any login information associated with any account you use to access our ‘Resources’. Accordingly, you are responsible for all activities that occur under your account/s.

Accessing (or attempting to access) any of our ‘Resources’ by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our ‘Resources’ through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our ‘Resources’, including the servers and/or networks to which our ‘Resources’ are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our ‘Resources’ is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product and member ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language

Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.

Contains any type of unauthorized or unsolicited advertising;

Impersonates any person or entity, including any www.helpStay.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this ‘User Agreement’ or our COMMUNITY GUIDELINES, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of helpStay™, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our ‘Resources’. All information provided as part of our registration process is covered by our privacy policy.

You agree to indemnify and hold harmless helpStay™ and/or affiliates, and their directors, founder, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this ‘User Agreement’ or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this ‘User Agreement’. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this ‘User Agreement’.

Limitation of Warranties
By using our website, you understand and agree that all ‘Resources’ we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • The use of our ‘Resources’ will meet your needs or requirements.
  • The use of our ‘Resources’ will be uninterrupted, timely, secure or free from errors.
  • The information obtained by using our ‘Resources’ will be accurate or reliable, and any defects in the operation or functionality of any ‘Resources’ we provide will be repaired or corrected.
  • Furthermore, you understand and agree that any content downloaded or otherwise obtained through the use of our ‘Resources’ is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • You understand and agree no information or advice, whether expressed, implied, oral or written, obtained by you from helpStay™ or through any ‘Resources’ we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this ‘User Agreement’.

Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. helpStay™ will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our ‘Resources’, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks
All content and materials available on www.helpStay.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of helpStay™, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by helpStay™.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and ‘Resources’ with or without notice and for any reason, including, without limitation, breach of this ‘User Agreement’. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the ‘Resources’ we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
This website is controlled by helpStay™, based in Ireland. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this ‘User Agreement’ shall be brought in the federal, district or state courts of Ireland. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Identity Verification
We cannot and do not confirm each members identity. Although we provide tools intended to assist with identity verification, you are solely responsible for determining the identity and suitability of others with whom you may interact through our services. HelpStay™ does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our services. We do not investigate or verify any member’s age, reputation, conduct, morality, criminal background, or any information members may submit. We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

Guarantee
HELPSTAY.COM IS AN ONLINE PLATFORM THROUGH WHICH HOSTS (ALSO KNOWN AS STAY/S) MAY CREATE LISTINGS (DEFINED BELOW) FOR GUESTS (ALSO KNOWS AS HELPER/S) OR HELPSTAYER/S). YOU UNDERSTAND AND AGREE THAT HELPSTAYTM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS HELPSTAYTM A REAL ESTATE BROKER, AGENT, EMPLOYMENT AGENCY OR INSURER. HELPSTAYTM HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

  • ‘Booking Request Period’ means the time period starting from the time when a booking is requested by a Guest, within which a Host may decide whether to confirm or reject that booking request.
  • ‘Guest’, 'Volunteer', ‘Helper’ or ‘HelpStayer’ means a Member who has registered and requests from a Host a booking via the site.
  • ‘Host’ means a Member who has registered as a facilitator of a Stay.
  • ‘Listing’ means a Project that is listed by a Host as available via the Site.
  • ‘Member’ means a person who completes the helpStay™ account registration process, it includes both Hosts and Guests.
  • ‘Member Content’ means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: c/o helpStay™, First Floor, 63 Lower Mount St, Dublin 2. Ireland or email shay@helpStay.com. 

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