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Helpgiant Privacy Policy

HelpGiant Limited has created this privacy policy in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for the HelpGiant Limited site.

By using the HelpGiant (Pty) site and accepting the User Agreement you also agree to this Privacy Policy, and hereby give us consent to store and process your personal information in our servers and application for the purposes of providing the HelpGiant service to you. If you do not agree to this Privacy Policy, you must not use the HelpGiant Limited site or mobile application. The terms "Company," "We," "Us," "Our," or "HelpGiant Limited" and our affiliates.

1. What information do we collect?

HelpGiant Limited collects your information when you register on the HelpGiant Limited site and when you visit HelpGiant Limited pages.

Personal Information: We may collect the following types of personal information in order to provide you with the use and access to the HelpGiant Limited site, services and tools, and for any additional purposes set out in this Privacy Policy:

Name, and contact information, such as email address, phone number, mobile telephone number, ID number, physical address, and (depending on the service used) sometimes financial information, such as bank account numbers;

transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account), billing and other information you provide to purchase an item;

personal information you provide to us through correspondence, chats, dispute resolution, or shared by you from other social applications, services or websites;

additional personal information we ask you to submit to authenticate yourself if we believe you are violating site policies (for example, we may ask you to send us an ID to answer additional questions online to help verify your identity);

information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, location, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

Aggregate Information: HelpGiant Limited collects non-identifying, general, generic and aggregate information to better design our Web site and services.

Non-Personal Information: HelpGiant Limited may collect non-personal information as you use HelpGiant Limited. When you use the site, HelpGiant Limited, third-party service providers (e.g. Google Analytics), and partners may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address.

We may combine some Non-Personal Information with the Personal Information we collect. Where we do so, we will treat the combined information as Personal Information if the resulting combination may be used to readily identify or locate you in the same manner as Personal Information alone.

2. How do we store your information?

We use hosting provider Hetzner; therefore, your personal information is stored on servers inside of South Africa. HelpGiant Limited maintains control of your information. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

3. How do we use your Information?

When you use the HelpGiant Limited site, we may request certain information. Where such information is Personal Information as defined in the Protection of Personal Information Act no. 4 of 2013 (PoPi), HelpGiant (Pty) Ltd will hold and process such data in accordance with PoPi requirements. HelpGiant Limited does not share any of your personally identifiable or transactional information with any person or entity except your contact details and address / location map to Helpers whose offers you have accepted and confirmed.

Email Communications: We may send you a welcome email to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You may only stop those emails by terminating your account. We may also send you promotions, product announcements, surveys, newsletters, developer updates, product evaluations, and event information or other marketing or commercial e-mails. You can opt out of receiving these email communications from HelpGiant Limited at any time by unsubscribing using the unsubscribe link within each email, updating your e-mail preferences on your HelpGiant Limited account or emailing us to have your contact information removed from our email list or registration database.

SMS communications: We may send you SMS messages to your secure phone number for operational purposes, such as notifying you about the status of your project. You can opt out of receiving these SMS messages from HelpGiant Limited at any time by updating your notifications preferences on your HelpGiant Limited account.

Marketing: You agree that we may use your personal information to tell you about our services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customize measure and improve our advertising. You can unsubscribe from emails at any time by clicking the unsubscribe link contained in the email.

We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for marketing purposes (including direct marketing purposes) without your permission. We may use and share Non-Personal Information for our marketing purposes, including, without limitation, marketing on other websites. For example, we may use the information to control the number of times you have seen an ad, deliver ads tailored to your interests, and measure the effectiveness of ad campaigns. You can prevent us from tailoring our ads to you on other websites by deleting your cookies (see below).

4. Sharing your Information

We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.

Our software development team, Imperial Digital, are based in New Zealand and make use of secure remote access facilities to access our local South African server. They are responsible for ensuring the platform is performing correctly and providing software upgrades to the system. As part of their operational duties, as well as for troubleshooting any issues that may arise, they may require access from time to time to your personal data, but they will not disclose your personal information to third parties.

We may disclose your personal information upon a business transition; At the sale or transfer of HelpGiant Limited and/or all or part of its assets, your personal information may be among the items sold or transferred.

We may share aggregate data with advertisers and other third parties. HelpGiant Limited uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.

5. Cookies

Cookies are pieces of data assigned by a web server that uniquely identify the browser on your PC. HelpGiant Limited uses cookies called "persistent" cookies to enable the site to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered. Cookies also enable our systems to gather information about your navigational patterns through the site. You have the option to disable cookies at any time through your browsers. We may also store your website activity in cookies which may be used by third party vendors, including Google, to serve ads based on your behaviour on our website.

The third-party vendors (e.g. Google Analytics) may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. You may opt out of Google's use of cookies by visiting the Google advertising opt-out page

If you access our Services with your login credentials from a social networking site (e.g., Facebook or Twitter) or if you otherwise agree to associate your HelpGiant Limited account with a social networking account, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. For example, Facebook may share with us your friend list, birthday, information about the interests of you or your friends or other personal information, in order to help us establish your account, tailor services to you and find other current or potential site users that you know. We may add this information to the information we have already collected from you via other aspects of the Site. You are also subject to the social networking site's terms of use and privacy policy. We use the OAuth (open authorization) protocol to enable us to access this information without collecting your password when you agree allow another application to access your account information.

6. Accessing and updating your Information

You can update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete, or inaccurate, then you may request us to amend it.

Additionally, you may request access to any personal information we hold about you at any time by contacting us at support@helpgiant.co.za. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

7. HelpGiant (Pty) Ltd - POPI clause

In accordance with the Protection of Personal Information Act no. 4 of 2013 (PoPi), HelpGiant (Pty) Ltd will only collect personal information consistent for the purpose for which it is required. The specific purpose for which the information is collected will be apparent from the context in which the information is requested and by using our Website or mobile application, the User hereby grants HelpGiant (Pty) Ltd consent to store and process their personal information.

The nature of the personal information which will be collected relates to contact details (such as name, address, ID number, telephone number and e-mail address).

In providing the personal information to HelpGiant (Pty) Ltd, the User acknowledges that the information has been collected directly from them and that they have consented to its processing by HelpGiant (Pty) Ltd. Where the User is providing another person’s personal information to HelpGiant (Pty) Ltd, the User acknowledges that it has obtained such person’s consent to processing of their personal information for purposes of HelpGiant (Pty) Ltd providing the relevant platform services (“Services”).

Provision of personal information to HelpGiant (Pty) Ltd is voluntary, and in the event that the requested information is not provided, HelpGiant (Pty) Ltd may not be able to provide Tasker or Helper services as offered by the application. The personal information shall only be used for the purpose for which it was collected, unless the User has agreed to an alternative purpose in writing or as allowed by any applicable law.

HelpGiant (Pty) Ltd will only process personal information in a manner that is adequate, relevant and fit for purpose.

HelpGiant (Pty) Ltd will take such steps as may be required to ensure that it complies with any law in respect of transfer, storage, security, and use of the personal information.

Following 5 years of non-activity by a User, HelpGiant (Pty) Ltd will delete and destroy the relevant Personal Information from their system.

8. Children

HelpGiant (Pty) Ltd does not knowingly collect Personal Data from children (individuals under the age of 18). If you are under the age of 18, please do not submit any Personal Data via our Website or mobile applications. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our Privacy Policy by instructing their children to never provide any personal data on our website or via our mobile application. If you have reason to believe that a child under the age of 18 has provided Personal Data to HelpGiant (Pty) Ltd, please contact us at support@helpgiant.co.za , and we will endeavour to delete that information from our system.

9. Changes to our privacy policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly.

This privacy policy was last updated on 2 December 2018.

Helpgiant Terms & Conditions

This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.

This Agreement was last modified on 2 December 2018.

In This User Agreement:

"Account" means the account you open when you register on the Website.

"Poster" means a User that investigates and purchases Helper Services or items from Helpers or identifies a Helper through the Website or via the mobile application by posting Tasks.

"Dispute Resolution Process" means the process to be followed by Posters and Helpers in accordance with the Dispute Resolution Services.

“Entrant" means an eligible Helper who has entered into a Contest.

"HelpGiant Limited", "we", "our", or "us" means HelpGiant Limited (NZBN).

"Inactive Account" means a User Account that has not been logged into for a continuous 6-month period.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Tasks" means a service we provide to match a Poster who has tasks that need doing with a Helper who will provide the service based on an agreement.

“Helper" means a User that offers and provides services or identifies to a Poster through the Website, also referred to as “Seller”.

"Helper Services" means all services provided by Helpers.

"User", "you" or "your" means an individual who visits or uses the website or gains access to it via the HelpGiant mobile application.

"User Contract" means : (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Poster and Helper uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.

"Website" means the sites operated by HelpGiant Limited and available at: HelpGiant Limited and any related HelpGiant Limited service, tool or mobile application.

1. Overview

The Website and associated mobile application is an online venue where Users buy and sell Helper Services and items. Poster and Helpers must register for an Account in order to buy or sell Helper Services and/or items. The Website and mobile application enables Users to work together online to complete and pay for projects (tasks), buy and sell items and to use the services that we provide.

HELPGIANT (PTY) LTD MERELY PROVIDES A SOFTWARE PLATFORM TO CONNECT A POSTER WITH A HELPER IN ORDER TO OBTAIN SERVICES OR GET TASKS DONE, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY OF THE SERVICES OR TASKS RENDERED TO POSTERS BY HELPERS OR THIRD PARTIES.

The terms and conditions stated herein constitute a legal agreement between you and HelpGiant (Pty) Ltd. By using and/or receiving any services supplied to you by HelpGiant, and downloading, installing or using any associated software supplied by HelpGiant which is to enable you to use the Service (collectively, the "Software"), you hereby acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at helpgiant.co.za/legal#terms or through the Service.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at support@helpgiant.co.za

2. Scope

Before using the HelpGiant (Pty) Website or mobile applications, we recommend that you read the whole User Agreement, the Website policies and all linked information.

You must read and accept all the terms in, and linked to, this User Agreement, the Code of Conduct, the HelpGiant Limited Privacy Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the HelpGiant Limited Website, or when you use the tools we make available to interact with the HelpGiant Limited Website. Some HelpGiant Limited Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the HelpGiant (Pty) Website or mobile applications if you:

are not able to form legally binding contracts; or

are under the age of 18; or

a person barred from receiving and rendering services under the laws of South Africa, or another applicable jurisdiction; or

are suspended from using the HelpGiant Limited Website.

or not a non-South African citizen with a valid barcoded identity number.

Subject to local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account.

Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

4. Using Helpgiant Limited

While using the HelpGiant Limited Website, you will not:

post content or items in inappropriate categories or areas on our websites and services;

infringe any laws, third party rights or our policies, such as the Code of Conduct;

fail to deliver payment for services delivered to you, unless the Poster has materially changed the Helper Service provided from the bid or a clear typographical error is made;

fail to deliver Helper Services purchased from you, unless the Poster fails to meet the terms, materially alters the terms of the Helper Services from the listing;

circumvent or manipulate our fee structure, the billing process, or fees owed to HelpGiant Limited;

post false, inaccurate, misleading, defamatory or offensive content (including personal information);

take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the HelpGiant Limited Website);

transfer your HelpGiant Limited account (including feedback) and Username to another party without our consent;

distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

distribute viruses or any other technologies that may harm HelpGiant Limited, the Website, or the interests or property of HelpGiant Limited users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;

attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the HelpGiant Limited Website;

copy, modify or distribute rights or content from the HelpGiant Limited Website or HelpGiant Limited's copyrights and trademarks; or

harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees And Services

We charge fees for certain services, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

Unless otherwise stated, all fees are quoted in United States Dollars.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.

All Fees charged to South African residents are subject to prevailing rates of VAT, currently 15%. Other government taxes may apply, depending on your region.

You must also comply with your obligations under income tax provisions in your jurisdiction.

Any offer from a Helper is deemed to be inclusive of VAT, if any is applicable.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by HelpGiant Limited.

9. Promotion

We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the HelpGiant Limited Services and/or other marketing materials relating to the HelpGiant Limited Website or mobile application, except where you have explicitly requested that we do not do this, and we have agreed to such request.

10. Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

will not violate any law or regulation;

will not be defamatory or trade libelous;

will not be obscene or contain child pornography;

will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

will not contain material linked to terrorist activities

will not include incomplete, false or inaccurate information about User or any other individual; and

will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia and the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and HelpGiant Limited Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

11. Feedback, Reputation And Reviews

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the HelpGiant Limited feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Helper Services via the Website. You may not use your Helper or Poster feedback (including, but not limited to, marketing or exporting your any or all your composite rating or feedback comments) in any real or virtual venue other than a website operated by HelpGiant Limited or its related entities without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, contest, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.

We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by HelpGiant Limited or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication with Other Users

You must not post your email address or other contact information on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the Project message board, inbox private messaging or chat facilities including Video Chat. Unless we provide a User's contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

14. Right To Review

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

15. Identity / Know Your Customer

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your drivers' license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or HelpGiant Limited Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

If you are not HelpGiant Limited verified you may not be able to withdraw funds from your HelpGiant Limited account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

16. User Services

Upon the Poster awarding a project or contest to the Helper, and the Helpers acceptance on the Website, or the purchase of an item by a Poster from the Helper, the Poster and Helper will be deemed to have entered into a User Contract under which the Poster agrees to purchase, and the Helper agrees to deliver the Helper Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Poster or Helper, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Helpers and Posters may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.

Each User acknowledges and agrees that the relationship between Posters and Helpers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between HelpGiant Limited and the User.

17. Special provisions for Local Jobs

Each User acknowledges:

HelpGiant Limited may from time to time include a map feature and HelpGiant Limited may display the location of Users to persons browsing the Website on that map. Every Poster seeking services for Local jobs will be asked to provide the location where the Local job is to be performed or the goods are to be delivered. A User must never disclose, in any Task posted, personal details such as the User's name, street number, phone number or the email address in any Task description for a Local job or in any other public communication on the HelpGiant Limited Website.

Once a Helper's bid has been accepted by a Poster seeking Local jobs services or tasks then the Helper providing the service or task is obliged to complete the transaction, unless the service or task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.

If a Poster updates a Local job after it has been published on the Website, then all bids for that Local job made prior to the update will be automatically cancelled and the bidding process will restart. When a Helper has provided the goods or services or completed the task requested by a Poster seeking services for Local job, the User must log on to the Website and click the "Complete" button for that Local job. Failure to complete the service or task will constitute a breach of this User Agreement.

Our fees are applied to the amount of the awarded Helper's bid to perform the services for the Local job. Any items purchased by the Helper as part of performing the service are between the Poster and Helper.

18. Funds

If you are a Helper, you may have funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds will have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has a negative amount of funds, we may:

set-off the negative amount of funds with funds that you subsequently receive into your Account;

if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);

reverse payments you have made from your Account to other User Accounts on the Website;

deduct amounts you owe us from money you subsequently add or receive into your Account; or

immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;

the funds shown in your Account (which may include Milestone Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Helper Services through the Website and provision of the HelpGiant Limited Services;

to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;

we are not acting as a trustee or fiduciary with respect to such funds or payments;

the amount of funds showing in your Account is not insured and is not a guaranteed deposit;

funds may only load into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Helper Services;

we will hold funds in respect of the amount of your Account (including Milestone Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and

we may commingle your funds with funds of other User's and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

19. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Milestone Payment using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or act against you to recover those funds.

We may, in our sole discretion, place a limit on any or all the funds in your Account (thereby preventing any use of the funds) if:

we believe there may be a high level of risk associated with you, your Account, or any or all your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;

we believe that the beneficiary of the payment is someone other than you;

we believe that the payment is being made to a country where we do not offer our Service; or

we are required to do so by law.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.

HelpGiant (Pty) Ltd uses the services of a payment provider, PayGate, to process your credit or debit card transactions. These payment services are not provided by HelpGiant (Pty) Ltd. Your credit card details are not stored on our site at any time and are passed in encrypted format directly to our payment provider for processing.

HelpGiant has subscribed to Paygate’s fraud monitoring service, PayProtector.

20. Fees

Upon creation of a Task Contract with a Helper (triggered by acceptance of the Helper’s bid to perform the task at a certain price), the Helper owes HelpGiant the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in their Account.

If the Posted Task requires a Tasker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.

Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.

All Fees and charges payable to HelpGiant (Pty) Ltd are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.

If HelpGiant (Pty) Ltd introduces a new service on the HelpGiant (Pty) Ltd Platform, the Fees applying to that service will be payable as from the launch of the service.

HelpGiant (Pty) Ltd may set-off any Fees against any Helper Funds or other amounts held by HelpGiant (Pty) Ltd on behalf of a User.

HelpGiant (Pty) Ltd may restrict a User's account until all Fees have been paid.

First-time Helpers who complete their first task, will be subject to a payment clearance period of 30 days as per credit card clearance periods. Thereafter, their next completed task transaction will be paid after 14 days. Subsequent payments will be after 10 days.

21. Payments and Refunds

21.1 Should:

(a) the Poster and the Helper mutually agree to cancel the Task Contract; or

(b) following reasonable attempts by a Poster to contact a Helper to perform the Task Contract, the Task Contract is cancelled and is recorded as such,

and

(c) HelpGiant (Pty) Ltd is satisfied that the Agreed Price should be returned to the Poster, then, subject to clause 21.3, HelpGiant (Pty) Ltd will pay the Helper Funds held in the Escrow Account to the Poster. HelpGiant (Pty) Ltd may also pay to the account of the Poster, on behalf of the Helper, an additional amount up to the value of the Service Fee collected in connection with the Task Contract.

21.2 Any amount paid by HelpGiant (Pty) Ltd on behalf of a Helper under clause 21.1 (b) will be a debt owed by the Helper to HelpGiant (Pty) Ltd.

21.3 If a Task Contract is cancelled:

(a) HelpGiant (Pty) Ltd will retain the Service Fee in accordance with clause 20; and

(b) the cancellation will be attributed to the Helper unless the Helper can provide evidence to HelpGiant (Pty) Ltd's satisfaction (in its sole opinion) that the Poster caused the cancellation of the Task Contract.

If cancelled by the Poster (as determined by this clause), the Poster must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Helper under the relevant Task Contract (which will not exceed 20% of the Agreed Price). HelpGiant (Pty) Ltd may agree to refund the Service Fee to the Helper.

21.4 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

21.5 Following resolution of a cancelled Task Contact in accordance with clause 21.1, HelpGiant (Pty) Ltd may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Poster.

21.6 If, for any reason, the Helper Funds cannot be transferred or otherwise made to the Helper or returned to the Poster (as the case may be) or no claim is otherwise made for the Helper Funds, the Helper Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Escrow Account.

21.7 Following the 3 months referred to in clause 21.5, and provided there is still no dispute in respect of the Helper Funds, the Helper Funds will be automatically converted to Stored Value and credited to the Poster.

21.8 If the amount the User has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.

21.9 If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.

21.10 We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

21.11 You can request a refund within 30 days by using our customer support website or emailing us at support@helpgiant.co.za. If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request.

21.12 If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

There is no minimum amount for a refund.

21. Withdrawals

21.13 Your first withdrawal of funds earned will be delayed for FOURTEEN DAYS for security and fraud purposes.

21.14 Subsequent withdrawals may be delayed for up to FOURTEEN days where our fraud prevention policies dictate that a delay is required.

21.13 We impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges.

21.14 We may require you to be HelpGiant Limited Verified before you can withdraw funds from your HelpGiant Limited account, irrespective of whether or not a delay has been enforced. For details of how to become verified please read the Know your Customer and Identity Verification Policy.

21.15 You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" in this agreement. For more information see the Know your Customer and Identity Verification Policy.

22. Chargebacks

A chargeback (being a challenge to a payment that a Poster files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.

You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Posters through the Website.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).

23. Inactive Accounts

User Accounts that have not been logged into for a continuous period will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the website and elsewhere, provision of the HireMe service, file storage, message transmission and message storage.

The length of the continuous period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

24. Right To Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

if we determine that you have breached, or are acting in breach of, this User Agreement;

if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;

if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

you do not respond to account verification requests;

you do not complete account verification when requested within 3 months of the date of request;

you are the subject of a United Nations, South African, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;

to manage any risk of loss to us, a User, or any other person; or

for other similar reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to $3,000 NZD for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to $3,000 NZD is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

25. Milestone Payments

We do not operate an escrow service. We do however, provide a service which allows controlled payments to be made with respect to a service called HelpGiant Payments.

Subject to the User Contract, the Poster can make a Payment, which will be locked from the Poster's Account and cannot be claimed by the Helper until:

the Poster and Helper agree that the funds can be claimed by the Helper;

if there is a dispute, the Poster and Helper have concluded the Dispute Resolution Process and the Dispute is resolved in the Helper's favour;

the Poster instructs us to pay a Helper for services performed by the Helper in respect of a project or task; or

the Poster acknowledges that the Helper has completed the services fully and satisfactory.

If a Poster does not approve of the Helper's work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

If we have not received any instructions from a Poster in respect of a Milestone Payment within six months after the day that the Milestone Payment was paid, and the Poster has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Poster.

26. Other Disputes with Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us as set out in the Clause entitled "Contact us".

You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and another User will be handled in accordance with this clause. HelpGiant Limited will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Helpgiant Limited shall have the right to request the Helper and the Poster to provide documentation in support of their claim or position in relation to the dispute. You agree that Helpgiant Limited has absolute discretion to accept or reject any document provided. You also acknowledge that Helpgiant Limited is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Helpgiant Limited and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Helpgiant Limited from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

28. Dispute Resolution Services Code of Conduct

The Helpgiant Limited Code of Conduct applies to all the services offered by Helpgiant Limited, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute.

A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

29. Disputes With Us

If a dispute arises between you and HelpGiant Limited, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@helpgiant.co.za.

For any claim, HelpGiant Limited may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If Helpgiant Limited elects’ arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that HelpGiant Limited will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against HelpGiant Limited must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, HelpGiant Limited may recover its legal fees and costs (including in-house lawyers and paralegals), provided that HelpGiant Limited has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, HelpGiant Limited will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

HelpGiant Limited's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

30. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative, and the amount specified in the origin currency is the actual amount.

As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.

We reserve the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

31. Competitions

We may run and promote competitions on the Website from time to time and such competitions will be subject to the terms and conditions as published by us on the Website.

Prizes awarded will be denominated in USD unless stated otherwise. Competition winners will be determined by us in accordance with the applicable terms and conditions at our absolute discretion.

All decisions made us in respect of competition are final and we will not enter any correspondence in relation to the prize or the promotion.

32. Release

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

33. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the HelpGiant Limited Website for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the HelpGiant Limited Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of HelpGiant Limited and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the website's, services or tools, or any activities conducted on or with the website's, services or tools; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

34. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

not having any outstanding listings on the Website; and

resolving any outstanding matters (such as a suspension or restriction on your Account); and

paying any outstanding fees owing on the Account.

35. Privacy

We use your information as described in the HelpGiant Limited Privacy Policy. If you object to your information being transferred or used in this way then you may not use our services.

36. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Helpgiant Limited Website and Helpgiant Limited Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

37. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Helpgiant Limited Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.

38. No Insurance or Warranty

We do not offer any form of insurance, or other Buyer or Seller protection.

39. No Warranty as To Each User's Purported Identity

Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

40. No Warranty as To Content on The Website

The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

the Website or any Seller Services or Helpgiant Limited Services;

the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Helpgiant Limited Services;

whether the Website or Seller Services or Helpgiant Limited Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

whether defects in the Website will be corrected;

whether the Website, the Seller Services or the Helpgiant Limited Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Helpgiant Limited Services;

any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Helpgiant Limited Services or us; or

the Website, Seller Services or Helpgiant Limited Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

42. Limitation Of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

any indirect, special, incidental or consequential damages that may be incurred by you;

any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Helpgiant Limited services again or the payment of the cost of having the Helpgiant Limited services supplied again.

43. Jurisdiction Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

44. Bar to Action

We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

45. No Class Actions

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

46. Notices

Legal notices must be served on Helpgiant Limited (in the case of Helpgiant Limited) or to the email address you provide to Helpgiant Limited during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Helpgiant Limited must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).

47. Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of New Zealand. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Helpgiant Limited irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

48. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

49. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

50. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

51. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

52. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Helpgiant Limited website. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:

Privacy Policy

Code of Conduct

Milestone Dispute Resolution Policy

Know Your Customer and ID Verification Policy

Copyright Infringement Policy

Fees and Charges

Each of these policies may be changed from time to time. Changes take effect when we post them on the Helpgiant Limited website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

53. General

Helpgiant Limited International Pty Limited is located at 08 Antare Place, Rosedale, Auckland, New Zealand

This Agreement contains the entire understanding and agreement between you and Helpgiant Limited. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.

54. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@helpgiant.co.za.

COPYRIGHTS & TRADEMARKS (All regions)

All content and functionality on the site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Helpgiant Limited (New Zealand) and is protected by New Zealand and international copyright laws. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the 'Trademarks') displayed on the site are the registered and unregistered Trademarks of Helpgiant Limited (New Zealand) and its licensors. You agree that you will not refer to or attribute any information to Helpgiant Limited (New Zealand) or its licensors in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, or Helpgiant Limited (New Zealand) licensors.

Helpgiant COPYRIGHT INFRINGEMENT POLICY (US Based Users)

Helpgiant Limited respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Helpgiant Limited's Copyright Agent with the information specified below in the form of a "Notification of Alleged Infringement." It is Helpgiant Limited's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a subscriber and concerned about the removal of or blocked access to your content, please provide Helpgiant Limited's Copyright Agent with the written information specified below in the form of a "Counter-Notification." The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending Helpgiant Limited's registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

info@helpgiant.co.za

To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:

Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed

Identification of the copyrighted material claimed to have been infringed

Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled

Information reasonably sufficient to permit Helpgiant Limited to locate the material that is claimed to be infringing or to be the subject of infringing activity

Information reasonably sufficient to permit Helpgiant Limited to contact you, such as a physical address, email address, and telephone number

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

DMCA COUNTER-NOTIFICATION

If you elect to send us a Counter-Notification, please send an email or letter to Helpgiant Limited's registered Copyright Division at the above email:

To be considered effective, a Counter-Notification must be submitted in writing and include the following information:

Physical or electronic signature of the subscriber or a person authorized to act on behalf of the subscriber.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Helpgiant Code Of Conduct

Helpgiant Limited has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to Helpgiant Limited Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.

Personal Behavior

I will act ethically and with integrity;

I will comply with all of Helpgiant Limited's policies

I will respect the rights of all Users;

I will not abuse confidential information, or participate in any other illegal practice;

I will have regard for Users' interests, rights and safety

I will not harass, bully or discriminate

I will not falsify my own or any other identity and I will provide true and correct information

User Content

I am responsible for the content I post on Helpgiant Limited and:

I will not post content that infringes upon any copyright or other intellectual property right

I will not post content that violates any law or regulation;

I will not post content that is defamatory;

I will not post content that is obscene or contains child pornography;

I will not post content that includes incomplete, false or inaccurate information about any person

I will not post content that contains any viruses or programming routines intended to damage any system;

I will not post content that creates liability for Helpgiant Limited or harms its business operation or reputation

Confidentiality

I will respect confidentiality and privacy

I will not disclose information or documents acquired, other than as required by law or where authorization is given;

Contact

I will not ask other Helpgiant Limited users for their private contact details and will communicate with them only through website features

Fraud

I will report any breaches

I will not engage in fraud

I will not create multiple accounts

I will not use the Site to transfer funds illegally

I will not use the Site to generate false feedback

Communication

I will avoid exaggeration, derogatory remarks, and inappropriate references

I will not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct

Bidding

I will not underbid to avoid fees;

I will not participate in illegal projects

Spam or Advertising

I will not spam or advertise my website or service unless otherwise allowed

Affiliates

I will not refer myself for the Affiliate Program

I will not obtain names from mailing lists, group emails, etc to send unsolicited emails ("Spam")

Payments

I will not use Helpgiant Limited to facilitate money exchange

INTERNET MERCHANT REQUIREMENTS

CARD PROCESSING - ANNEXURE A

V3.2 - JULY 2018

1. Detailed description of goods and/or services
HelpGiant (Pty) Ltd is a business in the service industry that connects Customers/”Posters” who wish to get help with services or tasks, with “Helpers” who can deliver those services or tasks.

2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within one day and delivery confirmed by way or in-app messaging and email.

3. Return and Refunds policy
The provision of goods and services by HelpGiant (Pty) Ltd is subject to availability. In cases of unavailability, HelpGiant (Pty) Ltd will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20 % administration fee. Since HelpGiant (Pty) is merely the platform to connect Customers/Posters with Helpers and the funds are transferred to the Helper upon completion of the task or service, the Customer/Poster must first seek refund requests by contact the Helper directly – in accordance with our website and mobile application Terms and Conditions available here: https://www.helpgiant.co.za/Webapp/legal#terms

5. Customer Privacy policy
HelpGiant (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

6. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the HelpGiant (Pty) Ltd bank account, the details of which will be provided on request.

7. Card acquiring and security
Card transactions will be acquired for HelpGiant (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8. Customer details separate from card details
Customer details will be stored by HelpGiant (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za

9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10. Responsibility
HelpGiant (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11. Country of domicile
This website is governed by the laws of South Africa and HelpGiant (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

12. Variation
HelpGiant (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Company information
This website is run by a private company based in South Africa trading as HelpGiant (Pty) Ltd and with registration number 2017/525765/07 and Directors.

14. HelpGiant (Pty) Ltd contact details
Company Physical Address: HelpGiant, 2A Castle St, Cape Town 8001 Email: info@helpgiant.co.za (Pty) Ltd

Contact us



2A Castle St, Cape Town, South Africa


info@helpgiant.co.za

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