HerHelp Terms of Service 

 

Last updated July 28, 2022

 

Please read the following Terms of Service (these “Terms”) carefully before using HerHelp Pty Ltd. (“HerHelp”, “we”, “our”, or “us”) mobile application (the “App”), website (the “Site”), Facebook and/or other social media applications (the “Social Media Applications”)  or participating in any online features, products, services and/or programs offered by us (individually and collectively, with the App, the Site and the Social Media Applications, the “Services”). 

 

IF YOU ARE IN CRISIS DO NOT RELY ON OUR APP, SITE OR SOCIAL APPLICATIONS. IF YOU HAVE THOUGHTS OF SUICIDE OR SELF HARM, OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 000 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY). THE SERVICES ARE NOT THERAPY OR MEDICAL ADVICE AND THEY ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL. ANY INFORMATION PROVIDED THROUGH THE SERVICES SHOULD NOT BE USED TO MAKE MEDICAL DECISIONS. IF YOU REQUIRE MEDICAL ADVICE YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL. 

 

BY CLICKING “GET STARTED” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HERHELP’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE (TOGETHER, THESE “TERMS”). IF YOU DO NOT SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HERHELP’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY HERHELP AND BY YOU TO BE BOUND BY THESE TERMS.  

 

These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Services, you agree that you have read and understand these Terms and agree to be bound by these Terms, our Privacy Policy and all additional terms incorporated by reference.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Services.

 

1. Service Overview. The service provides wellness resources and information including video, written and audio sessions on meditation, nutrition, self growth, fitness, yoga and resources as well as features that allow you to connect with other users.


 

2. Convenience and Information

 

The Services are provided to you as a convenience and for your INFORMATION ONLY. HerHelp & content providers are not responsible for the quality and correctness of the information provided to you. By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, text, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete. 


 

3. Not Healthcare Treatment

 

The Services connect you with professionals and people within their chosen field and other users through on-demand sessions. The Services do not provide psychiatric, financial, psychological, or other medical or professional treatment or advice and do not constitute the practice of medicine or psychology or the rendering of therapy, medical, financial mental health or other health care or professional services of any kind.  HerHelp is not licensed to provide and does not provide medical diagnoses, treatments, counselling or any other professional services. The Content provided on and through the Services is provided for informational purposes only and use of the Services is in no way intended to take the place of a relationship with a medical,mental health, financial, wellness professional.  The content providers may or may not be licensed professionals, but the user (you and others) is not a patient and therefore does not have any privileged or patient/client relationship or any other type of relationship with any HerHelp content provider, wellness expert or employee. Please consult with your physician or mental health professional regarding any medical or mental health-related diagnosis or treatment options.  

 

Our Services and any information collected by us is not intended to and does not:

 

Establish a therapist- or physician-patient relationship or any other type of professional relationship with you;

 

Establish any confidentiality privileges with respect to any information regarding you, except as set forth in our Privacy Policy;

 

Assess, evaluate, or monitor your health or mental health;

 

Diagnose any issues related to your health or mental health;

 

Evaluate or recognize if you are in crisis - and our wellness experts are not trained or qualified to assist those in crisis; 

 

Provide medical advice, therapy, career, financial sexual or counselling to you in any form; or

 

Constitute telehealth services.

 

IF YOU ARE IN CRISIS DO NOT RELY ON OUR APP, SITE OR SOCIAL APPLICATIONS. IF YOU HAVE THOUGHTS OF SUICIDE OR SELF HARM, OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 000 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY).  

 

4. Eligibility. 

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.


 

5. Accounts and Registration.

 

To access the features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You may have the option to register using your Facebook or other third party services (“Social Networking Services”) credentials. By accessing the Services using your Social Networking Services credentials or any third party services, you permit us to access certain information from your profile on such Social Networking Services for use of the Services. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If at any time your contact information is no longer valid, then we may suspend or terminate your use of the Service without notice and without liability to you.  When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@herhelp.net and reset your password.

6. The Privacy Act 1988 Does Not Apply

 

Please be advised that The Privacy Act 1988, as amended, and its implementing regulations, does not apply to information that is shared by you with us or with any other users of the Services or collected by us from you in accordance with these Terms.  HerHelp is not a “health care provider,” “business associate”, “subcontractor”, “health care clearinghouse” or “health plan”, as those terms are defined under The Privacy Act 1988.  The Services are not intended to render, and do not render, any type of health care or health care-related services to any user.  All information that you disclose using the Services is provided by you on a voluntary basis to any recipient of such information.  We advise you not to share with or disclose to any user of the Services any information that could potentially identify you, including in combination with other information available to such user.  If you share or disclose such information, even inadvertently, any such information will not be protected by The Privacy Act 1988.

 

Through the Services, you have the opportunity to share information about yourself with our wellness professionals and/or other users of our Services. Any information you share during the use of the Services is not confidential. 


 

7. Use and Restrictions

 

The ownership of the Services, Content, and all rights therein are and will remain with HerHelp. We grant you the right to access and use the Services as long as you follow the requirements in these Terms. You agree that you will use the Services in accordance with all applicable laws, rules, and regulations, as well as such other reasonable rules provided by us from time to time. 


 

You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardise the correct functioning of the Services; attempt to gain unauthorised access to or impair any aspect of the Services; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.  We reserve the right to remove any user from the Services and cancel your membership if you engage in any conduct that violates these Terms.


 

8. User Generated Contributions

 

The Services may include the ability for users to post ‘Help a Sister Out’ posts, ‘Journey’s’ testimonials, statements, comments, messaging, suggestions, and other information based on the particular user’s experiences, or to contribute to or participate in chats (collectively, “Contributions”). Please be aware that information provided in the Contributions is or may become public and that the content you contribute, as well as your username, and name will be publicly visible. We recommend that you do not include any personal information that can be used to identify you in your Contributions or your username. By posting Contributions, you attest that you are not restricted or prohibited from making such content publicly available under law or contractual or fiduciary relationships. If you are providing information about another individual, you represent and warrant that you have been granted all rights from such individual to disclose that individual’s information.

 


 

We do not claim ownership in your Contributions.  However, by submitting any Contributions in any form to us, in addition to other provisions of these Terms, you automatically grant HerHelp, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and licence to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else.  You will not have or obtain any rights in or to any form, media, or technology incorporating any of your Contributions.  


 

You are solely responsible for any Contributions you post or display on the Services or transmit to other users through the Services, whether in the form of one-on-one discussion through messages, Help a Sister Out Posts, Journeys, groups, commehts, other chat rooms, or any other means.  HerHelp does not control, endorse, or approve, and is not responsible for, any such content posted or delivered to or through the Services.  We are not obligated to prescreen postings or communications to other users, or during classes, and we do not regularly review, monitor, delete, or edit such content delivered to and through the Services. We may choose, in our sole discretion, to review, monitor, delete, or edit any such content without further notice to you. 


 

You agree that any Contributions or communications made by you in classes, communications through or using the Services, or postings in chat rooms, Help a Sister Out posts, comments, Journey posts or the like will not contain (1) any personally identifying details of any other person without their express written permission; (2) any advertisement, promotional materials, spam, surveys, or contests without our express prior written consent; (3) any conduct, material, or links to material, that could be considered harmful, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, harassing, degrading, intimidating, racist, bigoted, hateful, or otherwise objectionable; (4) any statement or content that harasses, threatens, intimidates, or stalks another party; (5) any expressions of bigotry, racism, hatred, or profanity; (6) any defamatory, false, or libelous material; (7) information that promotes illegal activities; (8) content that infringes or violates any intellectual property or other rights of any person or entity; or (9) information that is false or misleading including content or statements that impersonate another person or entity, adopt a false identity, manipulate or forge identifiers, or otherwise disguise the origin of any posting. 


 

9. Updates

 

We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the start of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.


 

10. Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee the Services, or any portion thereof, will function on any particular hardware or devices. 

 

11. Privacy

 

Personal information that you provide will be handled in accordance with our privacy policy (“Privacy Policy”).  You can review our Privacy Policy on our website. Please review our Privacy Policy for an explanation of how we may use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information. 

 

12. Electronic Communication

 

By using the Services, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the end of these Terms. We will communicate with you by e-mail or by posting notices through our other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Please note that if you send us an email, the email will not be read or responded to by a licensed mental health professional or any other professional.

 

13. Objectionable Material 

 

You acknowledge that, in using the Services and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.


 

14. General Payment Terms. 

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged from the Paywall which may appear when trying to access Premium Content. All fees are in the U.S. Dollars unless stated otherwise and are non-refundable.

 


 

14.1 Price. 

HerHelp reserves the right to determine pricing for the Service. HerHelp will make reasonable efforts to keep pricing information published on the website up to date. HerHelp may change the fees for any feature of the Service, including additional fees or charges, if HerHelp gives you advance notice of changes before they apply. HerHelp, at its sole discretion, may make promotional offers with different features and different pricing to any of HerHelp’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.   

 

14.2 Authorization. You authorise HerHelp to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by HerHelp, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, HerHelp may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

14.3 Subscription Service

We use independent third party service providers to process payments made in connection with your use of the Services. We use Apple Pay for iOS devices and Google Pay for Android devices.  We do not process your payment, but instead transfer you to a secure network provided by our third-party payment processor through which all transactions are processed. Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies. For more information regarding its terms and conditions that may apply, visit that processor’s website and click on its information links or contact that processor directly. You release us, our affiliates, and our payment processing company from any damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Services or Content.

 

Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). You may purchase Subscription Services through the Service or through such other channels as we may make available from time-to-time in our sole discretion. Where you purchase Subscription Services through our iOS or Android apps or through a third party’s consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third party payment processors), as applicable. BY ACTIVATING A SUBSCRIPTION SERVICE, YOU HEREBY AUTHORISE HerHelp TO PERIODICALLY CHARGE, ON A GOING-FORWARD BASIS AND UNTIL CANCELLATION OF EITHER THE RECURRING PAYMENTS OR YOUR ACCOUNT, ALL ACCRUED SUMS ON OR BEFORE THE PAYMENT DUE DATE FOR THE ACCRUED SUMS, INCLUDING THE SUBSCRIPTION FEE AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PURCHASING SUBSCRIPTION SERVICES, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON THE SUBSCRIPTION BILLING DATE (DEFINED BELOW) AT THE THEN-CURRENT SUBSCRIPTION FEE AND FOR THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.

Cancellations. If you cancel your subscription, then you will have access to the subscription until the date that would have been your next Subscription Billing Date, after which you will be downgraded to the free Service. If you subscribed through your iOS or Android device and want to obtain a refund in connection with your subscription, then you must contact Apple or Google, as applicable. If you subscribed through the Services, then we will not refund any fees paid for your current subscription period.

Trials. From time to time, we or others on our behalf may offer trials of Subscription Services for a specified period without payment or at a reduced rate (a “Trial”). HerHelp may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Subscription Service on the first day following the end of the Trial and thereafter in accordance with Section 14.3. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY GOING TO YOUR APP STORE ACCOUNT SETTINGS. IF YOU SIGNED UP FOR THE TRIAL THROUGH HERHELP, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.

14.4   Delinquent Accounts. HerHelp may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. 

15. Security

 

While we provide reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. 

 

16. No Warranties for the Services

 

We make no warranty concerning the Services, Content and/or Contributions, including, but not limited to, with respect to any delay, failure, interruption, or corruption of any data, or any other information transmitted in connection with the use of the Services. You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services. The Services, Content and Contributions are provided “AS IS” and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion. We make no representations or warranties that the Services, Content or Contributions will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, or other harmful components. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area. 

 

17. Indemnification

 

You agree to defend, indemnify, and hold harmless HerHelp and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers,content creators, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any claim that any comment or other information you provide through the Services (including your Contributions) caused damage to or violated the rights of a third party; and (vii) your willful misconduct.  HerHelp reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defence of that claim.


 

18. Licences

18.1   Limited Licence. Subject to your complete and ongoing compliance with these Terms, HerHelp grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service. 

 

18.2 Licence Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service;  (b) sell, rent, lease, lend, provide on a service bureau basis or otherwise make available the Service to any third party;  (c) make modifications to the Service; or (d) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

18.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant HerHelp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service, to create other products and services, and to generate revenue.  You are not entitled to any recognition or compensation for Feedback you provide to HerHelp. 

 


 

19. Limitation of Liability

 

IN NO EVENT WILL HERHELP OR OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANY, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, CONTENT CREATORS OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE CONTRIBUTIONS PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SAME.  IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT RESPONSIBLE FOR INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR CONTRIBUTIONS; OR INTERRUPTIONS, OR LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NON PERFORMANCE.  REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO HERHELP FOR OR RELATING TO THE SERVICES WITHIN THE PRIOR TWELVE (12) MONTHS, IF APPLICABLE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

20. Third-Party Terms

20.1   Third-Party Services and Linked Websites. HerHelp may provide tools through the Service that enable you to export information, including User Content (defined in Section 21.1 below), to third-party services. By using one of these tools, you agree that HerHelp may transfer that information to the applicable third-party service. Third-party services are not under HerHelp’s control, and, to the fullest extent permitted by law, HerHelp is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under HerHelp’s control, and HerHelp is not responsible for their content.  You assume all risks when acting in reliance on any information provided on a linked-to website.

20.2   Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licences or to limit your use of Third-Party Components under those third-party licences.

21. User Content

21.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

21.2 Limited Licence Grant to HerHelp. By providing User Content to or via the Service, you grant HerHelp a worldwide, non-exclusive, royalty-free, fully paid right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

21.3 Limited Licence Grant to Other Users. By providing User Content to or via the Service to other users of the Service, including professionals, you grant those users a non-exclusive licence to access and use that User Content as permitted by these Terms and the functionality of the Service.

21.4 User Content Representations and Warranties. HerHelp disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a.     you are the creator and owner of the User Content, or have the necessary licences, rights, consents, and permissions to authorise HerHelp and users of the Service to use and distribute, and otherwise exercise the rights granted in Sections 21.2 and 21.3, your User Content as necessary to exercise the licences granted by you in this Section, in the manner contemplated by HerHelp, the Service, and these Terms;  

b.     your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause HerHelp to violate any law or regulation; or (iv) require HerHelp to pay any royalties or other consideration to any third party for the exercise of any rights granted by you to HerHelp or any users in these Terms; and

c.     your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

21.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. HerHelp may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgement violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable.  This may include User Content provided to you by professionals and content creators.  You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HerHelp with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, HerHelp does not permit copyright-infringing activities on the Service.

21.6 Monitoring Content. HerHelp does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties, including Professionals; or (c) the use of the Service by its users, including Coaches. You acknowledge and agree that HerHelp reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time HerHelp chooses to monitor the content, HerHelp still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. If you experience any issues with the Service, including with any Coaches and Professionals, or otherwise identify any objectionable content on the Service, please contact us at contact@herhelp.net.

 

 

 

22. Intellectual Property

 

The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. We are the owner or authorised licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display or circulate the Content and Services to anyone. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance. 


 

23. Copyright Complaints

 

We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with The Copyright Act 1968.  Under the The Copyright Act 1968, a copyright owner may file a takedown notice with us of an alleged copyright infringement. During this process, we will take down the alleged infringing content, and take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. 


 

When notifying us of potential infringement, you must include the following information: identification of the copyrighted work(s) claimed to have been infringed and the material that is to be removed; information reasonably sufficient to permit us to locate the allegedly infringing material; contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or e-mail address; a statement that the complaining party has a good faith belief that use of the material is in fact infringing; a statement, made under penalty of perjury, that the information set forth in the notification is accurate; and the signature, physical or electronic, of the copyright owner or a person authorised to act on his or her behalf.

 

Notice of alleged infringement must be sent by email to our, contact@herhelp.net.


 

Before filing a notice of copyright infringement, please make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, please seek the advice of legal counsel. 

 

To file a counter-notification with us, please provide the The Copyright Act 1968 Agent with a written communication containing the following: identification of the allegedly infringing material that was removed or disabled; a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and the signature, physical or electronic, of you or a person authorised to act on your behalf.


 

24.   Communications. 

24.1 Carrier Charges. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  Downloading, installing, or using the Service may be prohibited or restricted by your carrier, and the Service may not work with all carriers or devices. 

24.2 Text Messages. HerHelp and those acting on our behalf or professionals may send you text (SMS) messages at the phone number you provide us or them. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to [contact@herhelp.net] indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while HerHelp processes your request, and you may also receive text messages confirming the receipt of your opt-out request.  Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialling system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

24.3 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

24.4 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. We will also use emails for account communication such as resetting your password, or verifying your account.

25.   Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

25.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law; 

25.2 harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;

25.3 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

25.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

25.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; 

25.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission; 

25.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or

25.8 attempt to do any of the acts described in this Section 25 or assist or permit any person in engaging in any of the acts described in this Section 25.

 

26. Termination of Service

 

26.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 

26.2 Termination. We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion. . You may terminate your account and these Terms at any time by following the instructions on the Service or by contacting customer service at contact@herhelp.net 

 

26.3 Effect of Termination. Upon termination of these Terms: (a) your licence rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorised to access your account or the Service; (c) you must pay HerHelp any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

26.4 Modification of the Service. HerHelp reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. HerHelp will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

27.   Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HERHELP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING THE COACHING SERVICES), INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HERHELP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MOOV DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, COACHES OR HERHELP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HERHELP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY COACH, CONTENT PROVIDER OR ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) ANY LOSS OF DATA, INCLUDING USER CONTENT OR ANY PERSONAL DAMAGE AND/OR RISK FROM THE INFORMATION PROVIDED THROUGH OUR SERVICE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. HerHelp does not disclaim any warranty or other right that HerHelp is prohibited from disclaiming under applicable law.

 

28. Additional Remedies

 

You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.


 

29. Governing Law; Jurisdiction and Venue

 

29.1 You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of Australia, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Western Australia with respect to such matters. 


 

29.2 Local Laws. We make no representation that any materials on the Services are appropriate or available for use in jurisdictions that are outside Australia. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.  

 

30. Miscellaneous

30.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HerHelp regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

30.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

30.3   Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

30.4  No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

 

30.5 Notice Regarding Apple. This Section 30.5 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and HerHelp only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.      

 

30.6 Contact Us. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at: HerHelp, E-mail: contact@herhelp.net.