Terms of Service
Last Updated - 5th December 2018
Welcome to HELIUM
We’ve drafted these Terms of Service (which We call the “Terms”) so you’ll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and RSVP.com Pty Limited (from here called “Us” or “We” or “Our”). So please read them carefully.
1. Who can use the Services
No one under 18 is allowed to create an account or use the Services. By using the Services, you state that:
2. Rights We grant you
We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
Any software that We provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any software that runs our Services or any Content that is not your own. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights you grant us
We call any content that you create, upload, post, store or share, Content. You retain whatever ownership or licence rights in that Content you had to begin with. Content may include text, photos, emoticons, locations, and any other content you send in the messaging functionality of the Services. For all Content you submit to the Services you grant Us and our associated entities and service providers a worldwide, royalty-free, sublicensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that Content for as long as you use the Services. You must be authorised to grant us this licence.
To the extent it’s necessary, when you appear in, create, upload, post or send Content, you also grant Us and our associated entities and service providers the unrestricted, worldwide right and licence to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Us, our associated entities or our service providers if your name, likeness, or voice is conveyed through the Services, either on the HELIUM app or by any of our service providers who provide us with services to run the Services.
We reserve the right to delete any Content (i) which We think violates these Terms, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the Content you create, upload, post, send, or store through the Services.
We love to hear from our users. But if you volunteer feedback or suggestions, We reserve the right to use your ideas without compensating you.
4. The content of others
The Content on our Services is produced by users and is the sole responsibility of the person that submitted it. Although We reserve the right to review all user profiles and non-encrypted Content and to remove any Content that violates these Terms or the law, We do not necessarily review all of it.
As these Terms state: We don't want the Services to be put to bad uses. But because We don't review all Content, We cannot guarantee that content on the Services will always conform to our Terms.
6. Respecting other people’s rights
We respect the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
You must also respect Our rights and those of Our affiliates. These Terms do not grant you any right to do any of the following (or enable anyone else do so):
7. Respecting copyright
We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that We become aware of and that is viewable to us and stored on our servers. And if We become aware that one of Our users has repeatedly infringed copyrights, We will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please Contact Us and provide the following information:
We try hard to keep our Services a safe place for all users. But We can’t guarantee it. That’s where you come in. By using the Services, you agree that:
9. Your account
You are responsible for any activity that occurs in your HELIUM account.
By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please Contact Us immediately.
10. Data charges and mobile phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
11. Modifying the Services and termination
We’re intent on improving our Services and creating new ones all the time. This means that We may add or remove features, products, or functionalities, and We may also suspend or stop the Services altogether. We may take any of these actions at any time, and when We do, We will try to notify you beforehand - but this won’t always be possible.
We sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be presented to you before you access the relevant Services, then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
Though We hope you remain a lifelong HELIUM user, you can terminate these Terms at any time and for any reason by deleting your account.
We may also terminate these Terms with you if you fail to comply with these Terms or any applicable law, or for any reason outside of our control. And while We’ll try to give you advance notice, We can’t guarantee it. Our right to terminate these Terms means that We may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, We may deactivate your account due to prolonged inactivity, and We may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Us continue to be bound by Sections 3, 6, 9, 10 and 13-18 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Us and our associated entities, directors, officers, shareholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your Content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But We cannot promise that We will always succeed.
To the extent permitted by law, We exclude all conditions and warranties relating to your use of the Services that are not expressly set out in these Terms. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the resupply of the Services or the payment of the cost of having those Services re-supplied.
In relation to any express warranty or condition set out in these Terms in connection with the Services, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those Services.
In no circumstances will We be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Services.
While We attempt to provide a good user experience, We do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
The functionality of the Services has been designed to reduce the likelihood of bad experiences and to provide an accessible method of reporting abusive Users. However, We and Our affiliates take no responsibility and assume no liability for any Content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to Content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which We nor Our affiliates will be responsible for.
14. Limitation of liability
We and Our associated entities, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or Content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. In no event will We or Our affiliates’ aggregate liability for all claims relating to the Services exceed the greater of AUD1000 or the amount you paid Us in the last 12 months for any paid Services.
We do not intend this limit to apply where for it to do so would violate any applicable law.
15. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and We agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of New South Wales, Australia, unless this is prohibited by the laws of the country where you reside. You and We consent to the exclusive jurisdiction of those courts.
16. Choice of law
The laws of New South Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
18. Final terms
We welcome comments, questions, concerns, or suggestions. For complaints, or to report abuse of the Services, we recommend using the functionality within the Services but you can also Contact Us directly.