You irrevocably agree to be governed by this Agreement in your use of the Helpstar Platform, which may be accessed at www.helpstar.ru, as it may be modified, relocated and/or redirected from time to time (the "Website"), and the mobile applications offered by us (the "Apps"). Our services, platform, Website and Apps are collectively referred to as the "Helpstar Platform".
By using the Helpstar Platform you hereby expressly acknowledge and agree to accept the terms of the public offering, and to be bound by the terms and conditions of this Agreement. We reserve the right to making amendments to this Agreement as we may publish on the Website from time to time. Upon being published the amendments take effect on Users. Please read this Agreement carefully. You do not have any right to use the Helpstar Platform unless you agree to be bound by this Agreement.
By using the Helpstar Platform, you represent and warrant that: (a) you are at least 18 years old and are otherwise capable of entering into binding contracts, and (b) you have the right, authority and capacity to enter into this Agreement. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
This User Agreement includes:
Your agreement that the Helpstar Platform is provided "as is" and without warranty (Section 15).
Your agreement that the Helpstar Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Helpstar has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 15), with the exception of Helpstar's Money-Back Guarantee (Section 3.4).
Your agreement that Helpstar’s Money-Back Guarantee is limited to Payments paid by you through the Helpstar Platform (Section 3.4).
Your agreement to indemnify Helpstar from claims due to your use, misuse or inability to use the Helpstar Platform, Professional Services and/or Merchandise, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Helpstar Platform (Section 16).
Your agreement to release Helpstar from liability based on claims relating to Services and otherwise (Section 15) and your agreement to the limitation of time within which a claim can be brought (Section 20).
Your agreement that in case of any kind of disputes, you must follow pre-trial procedures for the settlement of a dispute claim. You must mail your dispute to Helpstar’s physical address. The deadline for response to a dispute claim is 30 days. If a dispute is not resolved via negotiations, it shall be heard in the Moscow Arbitration Court (Section 17).
Your agreement that no claims can be adjudicated on a class basis (Section 17).
Your consent to any modifications or amendments to this Agreement (Section 21).
Your consent to the collection, use, sharing and transfer of your data as outlined in this Agreement, as updated from time to time. You consent that you have read and agreed to our privacy policies and articles of the Federal Law from July 27, 2006 №152-FZ “On Personal Data” and provide us with Consent to the Processing of Personal Data.
1. The Helpstar Platform is Solely a Venue for Communications; Background Checks.
1.1. The Helpstar Platform is Solely a Venue for Communications.
The Helpstar Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals in the cities and municipalities, places, regions or territories, where Professionals agree to provide those certain services, which are hereinafter referred to as "Professional Services". The Professional Services may include the delivery and/or assembly/repair of household goods and/or other items (“Merchandise”), but shall not be deemed to include the Merchandise itself. Helpstar does not itself provide Professional Services or Merchandise. The provision of all Professional Services scheduled through use of the Helpstar Platform is up to the Professionals.
Professionals agree to provide Professional Services with the boundaries of the MKAD, areas adjacent to MKAD (excluding Zelenograd and territories of enlarged Moscow municipality since 01.07.2012).
THROUGH THE HELPSTAR PLATFORM, HELPSTAR OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
HELPSTAR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
1.2. Background Checks.
Helpstar checks the backgrounds of Professionals via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know.
BY USING THE HELPSTAR PLATFORM, THE REQUESTER AGREES TO HOLD HELPSTAR FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HELPSTAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
2.1. Collection of your Personal Information.
Some of the materials available on the Helpstar Platform may require prior registration to access. If you decide to access such materials you will be required to register. We reserve the right to refuse you in registration on the Website without explanation of the reasons for such refusal. If you are refused registration, and in all other cases, you shall not have the right to access the Platform via account of any other user
Registration on the Website requires you to provide certain personal information. When registering you agree that such information is true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the privacy terms.
2.2. Account, Password and Security.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Helpstar Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Helpstar may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Helpstar has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at email@example.com. Nothing in this section shall affect Helpstar's rights to limit or terminate the use of the Helpstar Platform, as provided below in section 4.2.
2.3. Proof of Identity
You will provide us with such proof of identity information provided by You, as we may reasonably request from time to time. The Platform shall only use the provided documents/information for the purpose of the Platform functionality, and shall not share such received data to third parties for any other reasons.
2.4. Text Messages, Push Notifications and Phone Calls.
By providing your phone number while using the Website, you authorize us, to the extent permitted by applicable law, to use your mobile phone number to call it and, if such phone number is a mobile number, to send text (SMS) messages to it, and if you have installed Helpstar mobile application, send push-notifications. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages in your Helpstar account on the Website, or by contacting us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Helpstar Platform.
Helpstar may send you confirmation and other transactional emails regarding the Professional Services. Helpstar may also send you emails about services that we believe might interest you ("Promotional Emails"). You can unsubscribe from receiving Action Based Promotional Emails and/or Promotional Emails at any time in your Helpstar account accessible via the Website, or by contacting us.
3. Payments; Money Back Guarantee; Claims.
Users of the Helpstar Platform contract for Professional Services directly with other Users. Helpstar is not a party to any contracts for Professional Services. The Helpstar Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("Payments").
Requesters are obligated to pay for the Professional Services and/or Merchandise they order through the Helpstar Platform either in advance, during, or upon the completion of the Services and/or delivery of Merchandise. We have the right to charge the Requester's bank card according to the amount the Requester has agreed to on the Helpstar Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service, and the Requester hereby authorizes us to charge the payment card on file in the Requester's Helpstar Platform account for such amounts. We retain the right, in our sole discretion, to place a hold on the Requester's payment card for an ordered or completed Professional Service transaction.
Helpstar Platform is connected to Internet acquiring that allows you to pay for Professional Services and/or Merchandise
with Visa or Mastercard payment cards. Upon confirming your selection of Professional Services and/or Merchandise you will be redirected to the secure payment page of OJSC “Alfa-Bank” (paymentgate.ru), where you will need to enter your payment card details. 3D Secure protocol is used for additional cardholder authentication. If your bank supports this technology, you will be redirected to its server for further identification. Please clarify with your card issuing bank, information about rules and additional identification methods.
Internet payments are processed in accordance with terms of international payment systems that adhere to the principles of confidentiality and security of payments, using the most advanced methods of verification, encryption, transmission of data via secure channels.
Payment card details are payment entered on a secure page of the partner bank that provides the Internet acquiring service. Our partner bank is "Alfa-Bank".
The Professional Service will be considered completed and closed, unless a complaint by the Requester is made within seventy two (72) hours after the time of completion of Professional Service, during that time period. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Helpstar. You must notify Helpstar of the changes either by changing the scheduled Professional Service time or hours of the requested Professional Service through the in your Helpstar account accessible via the Website, or by contacting us. All Payments by Requester must be made through the Helpstar Platform. Any Payments paid outside of the Helpstar Platform are not subject to our Money-Back Guarantee in Section 3.4. Except for the Money-Back Guarantee in Section 3.4, and the Refund Policy in Section 3.5, no refunds or credits will be provided once the Requester's payment card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made.
While we will use commercially reasonable efforts to ensure the security of all payment cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Helpstar's income).
3.2. Job Rate. The rate per service or per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered. Therefore, the cost of the same Professional Services may differ, depending on location and frequency of ordered Professional Services.
3.3. Recurrent Service.
When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, Helpstar will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's payment card will be charged for the Recurrent Service as the Professional Service appointments occur and for any applicable fees for changes and withholdings for cancellation. Helpstar cannot guarantee that the same Professional will be scheduled for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
3.4. Money-Back Guarantee.
If the Requester ordered and paid for a Professional Service through the Helpstar Platform and the Professional Service has already been performed, and if the Requester is not satisfied with that Professional Service, then the Requester is eligible for our Money-Back Guarantee provided that the Requester reports the issue within twenty-four (24) hours of the Professional Service appointment to our customer service telephone number by emailing firstname.lastname@example.org. In case we agree to the issue reported by the Requester, we will either refund the sum up to the Requester's Payment amount for such Professional Service, or, we will have the applicable Professional Service re-performed, partially or in full, at our choosing. The amount of Helpstar's Money-Back Guarantee is limited to any Payment the Requestor made for the Professional Service. Helpstar's Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. For clarity, Helpstar’s Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Professional Services to deliver, assemble and/or repair the Merchandise, as applicable.
3.5. Helpstar Delivery Refund Policy.
3.5.1. If you decide that you do not want the Merchandise before it has been unpacked or opened, Helpstar will return the Merchandise and refund you the cost of the Merchandise (provided, however, that Helpstar shall not refund the cost of the Professional Services).
3.5.2. If any Merchandise is broken in the course of performing the Professional Services, Helpstar will remove and replace the broken Merchandise or broken Merchandise component and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Helpstar shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3.2 above).
3.5.3. If you wish to return any Merchandise after it has been unpacked or opened, Helpstar may remove and return the Merchandise for a fee of up to One Thousand Roubles (1,000₽) per item, provided that Helpstar is able to obtain a full refund from the third party Merchandise provider. In such cases Helpstar will credit you the amount of such refund. Helpstar shall not be responsible for any payment to you if it is unable to obtain a refund for the Merchandise using commercially reasonable efforts.
4. Term and Termination; Cancellation of Professional Services; Survival.
This Agreement shall continue in full force and effect until such time as it is terminated by you, or by us.
4.2. Termination by Helpstar.
We may terminate this Agreement or terminate or suspend your right to use the Helpstar Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Helpstar Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with email or written notice of such termination to the email or physical address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Helpstar Platform due to any Prohibited Conduct, we will refund in full any payments or prepayment for Helpstar services and/or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Helpstar may delete the account and all the information in it.
4.3. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Helpstar Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Helpstar Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Helpstar.
4.4. Policy for Service Cancellation by Requester.
Helpstar's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Helpstar Platform at any time, subject to the following. If a Requester cancels more than twenty-four hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels less than twenty-four hours before a scheduled Professional Service appointment, the Requester may be charged withholding fee of up to:
Seven Hundred Roubles (700₽) for cancelling home cleaning service less than twenty-four (24) hours before scheduled start time;
Three Hundred and Fifty Roubles (350₽) for cancelling valet pick-up or delivery service less than three (3) hours before scheduled valet pick-up or drop-off time.
This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. This cancellation policy may also apply in circumstances when a Professional has arrives at the address provided by you in your Professional Services request, but was unable to gain access to the place of provision of Professional Services. A Professional Service appointment may be canceled through the Helpstar Platform or through our website at www.helpstar.ru.
4.5. Policy for Service Cancellation by Professional.
When a Professional cancels a scheduled Professional Service appointment, the Helpstar Platform generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, Helpstar cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-22, shall so survive.
5. Links to and Plug-Ins from Other Web Sites or Media.
YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HELPSTAR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HELPSTAR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
6. Community Areas.
The Helpstar Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, "Community Areas"). All submissions made to Community Areas within the Helpstar Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Helpstar Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Helpstar Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Helpstar Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Helpstar Platform. We reserve the right to remove postings from Community Areas in our sole discretion.
7. Rules for Use of the Helpstar Platform.
During the term of this Agreement, Requesters may use the Helpstar Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Helpstar Platform to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Helpstar Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent.
Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Website. Requesters acknowledge their agreement to the fact that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or termination of its cooperation with Helpstar, or other reason.
You shall NOT use the Helpstar Platform (including but not limited to any Community Areas) to do any of the following:
(i) Upload to the Platform files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
(ii) Upload to the Platform files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
(iii) Use the Helpstar Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
(iv) Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Helpstar Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
(v) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
(vi) Restrict or inhibit any other User from using and enjoying the Helpstar Platform.
(vii) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Helpstar Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Helpstar Platform in any manner, or attempt to do any of the foregoing.
(viii) Mirror or archive any part of the Helpstar Platform or any content or material contained on the Helpstar Platform without Helpstar's written permission.
(ix) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
(x) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
(xi) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
(xii) Use the Helpstar Platform or any Professional Service for any purpose or in any manner that is in violation of law.
(xiii) Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
(xiv) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening information.
(xv) Advertise or offer to sell any goods or services which are not relevant to services offered through the Helpstar Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Helpstar Platform without express written permission from us.
(xvi) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(xvii) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
(xviii) Imply or state that any statements you make are endorsed by us, without our prior written consent.
(xix) Register to use the Helpstar Platform under different usernames or identities, after your account has been suspended or terminated.
(xx) Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
8. No Employment.
Helpstar provides a software platform which allows you to connect with independent Professionals. Helpstar is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Helpstar for any purpose whatsoever.
9. Special Promotions; Gift Cards and Vouchers.
9.1. Changes to Promotions.
Helpstar may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
9.2. Referral Credits.
In the event that you are given a code through which you may refer a friend to the Helpstar Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
9.3. Gift Cards and Vouchers.
Helpstar gift cards and gift certificates ("Gift Cards") and vouchers or promotional codes for special offers or discounts ("Vouchers") (individually, "Card", or together, "Cards") may be available and can be used to pay in part or in full for Professional Services. Card code must be presented at the time of order and available balance will be applied to your order. Card must be used prior to its expiration date. There are no fees associated with use of Card.
9.4. Users agree that you will comply with all Voucher and Gift Card terms.
Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. If a Card holder's order exceeds the amount of that Gift Card's or Voucher's balance, the Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Card is void if copied, altered, transferred, purchased or sold. Purchases of Cards are final and not refundable. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Cards and their use are subject to this Agreement and use of a Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to this Card require additional or different terms or conditions, then such terms and conditions shall apply. For questions or additional information, email us at email@example.com.
9.5. Unused Gift Cards.
Gift Cards have no cash value and are not redeemable for cash.
10. Intellectual Property Rights.
The Helpstar Platform, and the information, data, content and materials, which it contains ("Helpstar Materials"), are the property of Helpstar and/or its affiliates and licensors, excluding User-generated content, which Helpstar has a right to use as described below. The Helpstar Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Helpstar and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Helpstar Materials. Any use of Helpstar Materials, other than as expressly permitted herein, is prohibited without the prior permission of Helpstar and/or the relevant right holder. The service marks and trademarks of Helpstar, including without limitation Helpstar, Helpstar.ru and the Helpstar logo are service marks owned by Helpstar licensor. Any other trademarks, service marks, logos and/or trade names appearing on the Helpstar Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Helpstar Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent.
Helpstar respects the intellectual property of others, and expects Users to do the same. Helpstar will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Helpstar Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to Helpstar a properly submitted copyright notice as indicated below, Helpstar will investigate, and if it determines, in its discretion, that the material is infringing, Helpstar will remove the content and may terminate the access of the User who posted such content to the Helpstar Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that Helpstar may find it on the Helpstar Platform please note that it is not sufficient to merely provide a top level URL).
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Helpstar's contact information for notice of alleged copyright infringement is:
Email: firstname.lastname@example.org or via Mail:
Attn: Legal Department
24/1 Radio Street, office 106
Moscow 105005, Russian Federation.
12. The App / Mobile Devices
12.1. The Helpstar Platform may allow you to access our services, download our Apps, upload content to the Helpstar Platform, and receive messages on your mobile device (collectively "Mobile Features"). For correct functionality of our Apps, your mobile must satisfy the system requirements for such Apps.
12.2. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device and software on which the App operates (e.g., Apple iOS or Android).
12.3. Helpstar is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device.
13. Modifications to the Helpstar Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Helpstar Platform or any content or information on the Helpstar Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Helpstar Platform.
The term "Confidential Information" shall mean any and all of Helpstar's trade secrets, confidential and proprietary information, personal information and all other information and data of Helpstar that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Helpstar Platform contains secured components that are accessible only to those who have been granted a user name and password by Helpstar. Information contained within the secure components of the Helpstar Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Helpstar and agree that you will not use Confidential Information other than as necessary for you to make use of the Helpstar Platform as expressly permitted by this Agreement and only during the term of this Agreement.
15. Disclaimer of Warranties; Limitation on Liability.
15.1. USE OF THE HELPSTAR PLATFORM IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HELPSTAR PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HELPSTAR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HELPSTAR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE HELPSTAR PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HELPSTAR PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HELPSTAR PLATFORM OR THIS AGREEMENT. ACCESS TO THE HELPSTAR PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HELPSTAR NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HELPSTAR PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER HELPSTAR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE HELPSTAR PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HELPSTAR AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
15.2. NO LIABILITY.
YOU AGREE NOT TO HOLD HELPSTAR, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE HELPSTAR PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HELPSTAR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HELPSTAR OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HELPSTAR PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HELPSTAR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE HELPSTAR PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HELPSTAR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HELPSTAR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
HELPSTAR AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE HELPSTAR PLATFORM. THE HELPSTAR PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE HELPSTAR PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, HELPSTAR WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HELPSTAR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE HELPSTAR IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HELPSTAR AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
15.4. ADDITIONAL DISCLAIMER.
THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE HELPSTAR PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HELPSTAR PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HELPSTAR PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE HELPSTAR PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE HELPSTAR PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HELPSTAR PLATFORM.
YOU ACCEPT THAT, AS A LIMITED LIABILITY COMPANY, HELPSTAR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HELPSTAR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HELPSTAR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HELPSTAR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless Helpstar, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Helpstar Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Helpstar Platform. Helpstar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Helpstar.
17. Dispute Resolution.
17.1. Pre-Trial Resolution Procedures.
In case of any disputes or claims (“Disputes") between you and Helpstar, нou must comply with the pre-trial procedure for dispute settlement. The deadline for response to a Dispute claim is 30 days. If a Dispute is not resolved via negotiations, it shall be heard in the Moscow Arbitration Court.
You and Helpstar agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 17 will be given full force and effect.
18. Governing Law; Jurisdiction.
The relationship between Users and Platform are regulated by this Agreement. Otherwise the Parties shall be governed by acting legislations of the Russian Federation.
19. Assignment of rights (Cession).
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an affiliate, (iii) to an acquirer of assets, (iv) or to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
20. General Provisions.
20.1. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
20.2. The headings in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement.
21. Changes to this Agreement.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Helpstar Platform. Your continued use of the Helpstar Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
22. Contact Information.
If you have any questions regarding this Agreement, please contact us at
email@example.com or by mail at:
Attn: Legal Department
24/1 Radio Street, office 106
Moscow 105005, Russian Federation.
The English language text of this Agreement is translated from Russian language original, which can be found at www.helpstar.ru/oferta.
In the event of inconsistency between the two versions the Russian language text shall prevail.
Current version of Agreement updated: December 27, 2015
I, hereinafter referred to as the «Subject of Personal Data», pursuant to the Federal Law of 27.07.2006 № 152-FZ “On Personal Data” (as amended), hereby freely, on my own accord and in my own interest, provide my consent to Helpstar Limited Liability Company located at 24/1 Radio Street, Moscow 105005, and registered at 19 Mira Prospekt, building 1, office I ("Helpstar") to process any of my personal data provided during the process of provision of Helpstar services, via www.helpstar.ru, as it may be modified, relocated and/or redirected from time to time (the "Website"), or Helpstar mobile applications (the "Apps"). Our services, platform, Website and Apps are collectively referred to as the "Helpstar Platform".
I understand personal data to be any information relevant to me as the Subject of Personal Data, including my last name, first name, address, education, occupation, contact information (phone, fax, email, postal address), photographs, and other information. I understand the processing of personal data as the collection, classification, accumulation, clarification, updating, modification, use, distribution, transmission, including cross-border, depersonalization, blocking, destruction, permanent storage, and any other actions (operations) with personal information.
The processing of personal data of the Subject of Personal Data is carried out solely for the registration of the Subject of Personal Data in the database of the School and then directing to the Subject of Personal Data mail messages and SMS notifications from Helpstar, its affiliates and/or sub-contractors, including advertising content, information letters and newsletters, invitations to the events of the School, and other advertising and news content, as well as for the confirmation of the identity of the Subject of Personal Data when visiting the events of the School.
The date of issue of the consent to the processing of personal data by the Subject of Personal Data is the date of sending the registration form from the Website of the School.
The processing of personal data of the Subject of Personal Data can be accomplished by means of automation and/or without the use of automation in accordance with applicable laws of the Russian Federation and internal regulations of the School.
Helpstar takes the necessary legal, organizational and technical measures or ensures their application to protect the personal data against unauthorized or accidental access, destruction, modification, blocking, copying, providing, distribution of the personal data, as well as other illegal actions towards the personal data and commits itself to preserve the confidentiality of the personal data of the Subject of Personal Data. Helpstar has the right to involve subcontractors in the processing of personal data of the Subject of Personal Data subjects as well as the right to transfer the personal data to its affiliates for processing, ensuring the assuming of the relevant obligations of personal data confidentiality by such subcontractors and affiliates.
I am aware that:
this consent to the processing of my personal data provided during the use of the Helpstar Platform is valid for twenty (20) years starting from the date of the provision of the information;
the consent may be revoked by me on the basis of a written application in optional form;
the provision of personal data of third parties without their consent is punishable in accordance with the current legislation of the Russian Federation.
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