Terms of Use

Helium Website Terms of Use

Last updated: June 18 2020

Website Terms of Use

Helium Systems Inc. ("Helium", "we", "us", or "our" ) operates the website located at europe.helium.com (hereinafter, the "Site"), and the services related to or offered via the Site (hereinafter, the "Services"). Helium Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, and downloadable mobile applications related to the Sites.

Helium Systems Inc., is a company registered in the United States of America. Our company registration number is HRB 209108 B and our address is 51 Federal St Suite 100, San Francisco, CA, USA. You can contact us by telephoning our customer service team at 415-510-2110 or by writing to us at support@helium.com.

By accessing, browsing, registering with, placing an order on and/or using the Site you agree to be bound by these Terms of Use (“Terms”) . Helium's Privacy Policy applies to these Terms and are incorporated into these Terms. You can access Helium’s Privacy Policy by clicking [https://europe.helium.com/pages/privacy-policy]. If you purchase goods and/or access Services from our Sites, our Terms and Conditions [https://europe.helium.com/pages/terms-and-conditions] will also apply 

The Terms apply whether you are a visitor (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Services provided without being registered) or you are a registered user (which means that you have registered with Helium). These Terms govern your use of the Site and Services that are provided by Helium.

Please read these Terms with care before accessing or using the Site or Services. If you do not agree to be bound by all of these Terms, please do not use the Site or Services

Helium reserves the right to modify the Terms at any time, in which case the revised Terms will appear on the Site. It is your responsibility to check the Terms periodically for changes. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms, as modified.

Helium reserves the right to immediately prohibit, modify, or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

  1. Intellectual Property Rights

Helium is the owner or the licensee of all intellectual property rights in our Site and in material published on it, including, but not limited to the following trademarks: Helium, the Helium logo, and Helium Services ("the Trademarks").

Your use of this Site does not grant you any rights in or interests to the Trademarks. The Trademarks shall not be copied, republished, uploaded, posted, publically displayed, encoded, translated, transmitted, distributed, used, modified, or otherwise reproduced without the express written permission of Helium. Any other third party marks or names used in this Site are owned by their respective owners and Helium makes no representations of any kind with respect to such third party marks and names. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site content, including, but not limited to, any text, videos, text, reports, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code (collectively, the "content") or Trademarks obtained from the Sites.

All copyright rights in the Site’s content is exclusively owned by or otherwise licensed to Helium, and may only be used by you as set forth in these Terms. Any other non-authorized use of the Site, including, but not limited to the reproduction, dissemination, distribution, or transmission thereof is strictly prohibited, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You further agree not to alter or delete any proprietary notice from any materials, reports, or other information downloaded, copied, or printed from the Site. All rights are expressly reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content must always be acknowledged.

  1. Your Use of the Site
  • You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms.
  • You represent and warrant that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms.
  • You represent and warrant that you will not delete any content from the Site.
  • You acknowledge and agree that your use and access to the Site is solely at your own risk. You agree to abide by all applicable local, state, national, and international laws, and regulations, including as applicable U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services.
  • You understand that the confidentiality of any communication or material transmitted to/from the Site cannot be guaranteed. Accordingly, Helium is not responsible for the security of any information transmitted to or from the Site.
  1. Message Boards, Posting, and Other Interactive Features

The Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the "Interactive Features"). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Sites.

If we provide you with the ability to post or submit any material (including, without limitation, text, photos, and videos) to the Site, and you choose to do so, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are of sufficient legal age to post or submit material to the Site under the local laws in which you are based. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant Helium the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, copy, remove, modify, adapt, publish, translate, create derivative works from, distribute, perform, disclose to third parties, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant Helium, and anyone authorized by Helium, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or member name, as we deem appropriate.

We do not control the messages, information, or files that you or others may provide through the Site.

The Site, including the Interactive Features, shall be used for lawful purposes only; you shall not:

  • Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
  • Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
  • Use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Sites, Services, or features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
  • Use the Sites in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Gain unauthorized access to the Site, or any account, computer system, server or network connected to this Sites, by means such as hacking, password mining, or other illicit means.
  • Obtain or attempt to obtain any materials or information not intentionally made available through the Sites.
  • Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
  • Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
  • Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
  • Attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence in certain jurisdictions.

We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with the Terms and any other operating rules we establish.

We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by Helium directors, officers, employees or agents, or a third party.

We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site.

We may disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of the Terms.

  1. Privacy, Registration and Passwords

To access certain features of the Site, we may ask you to provide personal information such as your (name, e-mail address,  and date of birth) as well as information necessary to deliver and service our products. You agree to provide true, accurate, current, and complete information about yourself for any registration form located on the Sites. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Helium use of any personal information you provide to Helium as part of the registration process is governed by the terms of our Privacy Policy. You may need a username and password to use certain features of the Site. Helium's Privacy Policy with respect to the collection and use of your personal information is linked on the front page.

By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must not disclose your password and account details to any third party. You will notify Helium immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

We have the right to disable any user account or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.

  1. Do not Rely on Information on the Site

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

  1. Our Responsibility for Loss or Damage Suffered by You

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud. fraudulent misrepresentation, intentional wrongdoing or gross negligence.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions [INSERT LINK].

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on them. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our Site; or (b) use of or reliance on any content displayed on our Site. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our Site for private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  1. Indemnification

If you are a business user, you agree to indemnify and hold Helium and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors harmless from any claim, damages, losses, costs, expenses or demands, including reasonable attorneys' fees, made against Helium by any third party due to or arising out of content contributions, unsolicited contributions, or anything else you submit, post, transmit, modify or otherwise make available through the Sites, or by your access or use of the Sites, or your violation of any rights of another.

  1. Links to other websites

You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by Helium. However, you may not frame or inline link to any of the content of the Site, or incorporate into another website or other service any of our material or intellectual property without the written permission of Helium. We reserve the right, at our discretion, to prohibit any hyperlink from another site to materials or information on the Site. Any website from which you link to the Site does not contain any content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We may from time to time provide links that will enable you to access the websites of third parties directly from the Site. Helium is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.

  1. Jurisdictional Issues

Helium administers and operates the Site from its location in the United States. Helium makes no representation or warranty that the content and materials or products or the Services referenced, provided or offered through the Site are available to all persons in all geographic locations, or appropriate or available for use in all geographic locations. Those who choose to access the Site or use the Services are responsible for compliance with applicable local laws, if and to the extent applicable. Helium reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide. Any offer for any feature, product or Service made on the Site is void where prohibited.

  1. Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for any reason. In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Terms, shall survive.

  1. Governing Law

The laws of the State of California apply to these Terms and any dispute between us arising out of or in connection with these Terms will only be dealt with a court located in San Francisco County, California, unless you are a consumer who is resident in an EU Member State, Switzerland or the United Kingdom, in which case the applicable law of that country will apply and any dispute will be brought before the courts there.

  1. Successors and Assigns

We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Helium or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Terms. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without our prior written consent.

  1. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

  1. Other Terms

You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third party terms and conditions and these Terms, the Terms shall govern.

The foregoing provisions of the Terms are for Helium's benefit and the benefits of Helium's affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.