Legal Policy

Disclaimer

You are solely responsible for your communications and interactions with other users and with other persons whom you communicate or interact with as a result of the Website or Services. You understand that HELP makes no representations or warranties as to the conduct of other users of the website. HELP encourages you to take reasonable precautions when using the app and to refrain from sharing personally identifiable information (such as your phone number, email address, full name, etc.).

Contact us!

If you have any questions, comments, or concerns about our Services, Terms of Service, Privacy Policy, or Disclaimer you may contact us at: [email protected]

Terms of Service

Date of Last Revision: April 10, 2020

These Terms of Service (“Terms” or “Terms of Service”) explain your rights and obligations in using app.help.lk (“Website”), owned and operated by HELP (“HELP” or “we” or “us”). We refer to our Website visitors as users (“Users”), whether as a guest, registered user, volunteer, or person seeking academic services for a student or him or herself, of HELP’s Services (“Services”).

These Terms, together with our Privacy Policy and Disclaimer, form the agreement with you regarding the use of the Website (the “User Agreement”).

Please read the Terms carefully. By continuing to use the Services, you agree that you have read and are bound by these Terms. If you do not agree to these Terms, you must not use the Website or engage in HELP’s Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

These Terms include important agreements about your rights and the rights of HELP, including a binding agreement about how to resolve any disputes between us connected to the Services. See HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE SERVICES.

These Terms will also govern any dispute between us in connection with the Privacy Policy.

THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY HELP.LK OR (B) ANY PERSONS UNDER THE AGE OF 13. By using or registering an account for the Website, you represent (a) that you have read and agree to these Terms, the Privacy Policy, and Disclaimers; (b) that you have not been previously suspended or removed from the Website by HELP; (c) that you are over 13 years of age; and (d) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.

DESCRIPTION OF SERVICES. THE WEBSITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES ACADEMIC SERVICES. YOU UNDERSTAND AND AGREE THAT HELP DISCOURAGES THE SHARING OF PERSONALLY IDENTIFIABLE INFORMATION BETWEEN USERS AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABLE LAW, HELP DISCLAIMS ALL LIABILITY RELATED TO THE ACADEMIC SERVICES OR THE CONDUCT OF USERS OF THE WEBSITE. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS OR ANY OTHER THIRD PARTIES ARE DONE AT THE PARTIES’ SOLE RISK

SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you (“Account Information”). You may be provided with the opportunity to upload this Account Information on your username and password protected Account. Our provision of any such interactivity is a Service governed by these Terms. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or identity, please contact us as soon as possible so that we can work together to limit the damage. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.

CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY. You agree that, unless otherwise specified, any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at HELP’s sole discretion. Therefore, to the extent that any Account Information has importance to you, you agree to maintain an original copy separate from these Services.

YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

PROHIBITED USE OF THE SERVICES. You may not post, upload, email or otherwise transmit on HELP’s Website content of any kind that are, within the sole discretion of HELP, determined to be commercial, illegal, offensive or potentially harmful to others.

YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other contact information used by HELP to communicate with you electronically, you must notify HELP of the change immediately by logging on to the Website and updating your profile to reflect the correct email address or by sending written notice of your updated e-mail address to [email protected].

If you do not update or change an incorrect e-mail address or other incorrect contact information, you understand and agree that any notices, statements or other communications sent to you by HELP will still be considered to have been provided to you if they were made available to you in electronic form on the Website or e-mailed to the e-mail address we have for you in our records. HELP reserves the right, if we choose, to restrict your ability to use the Services if we believe that the e-mail address you provided is incorrect.

YOU AGREE NOT TO:

  1. Use the Website for any commercial use or purpose unless expressly permitted by HELP in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
  2. Post, upload, or distribute any defamatory, libelous, or inaccurate content;
  3. Post, upload, or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, discriminatory, or otherwise inappropriate;
  4. Impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Website accounts of others without permission, or perform any other fraudulent activity;
  5. Send unsolicited offers, advertisements, proposals, junk mail, or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
  6. Use the Website for any illegal purpose, or in violation of any national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; or
  7. Defame, harass, abuse, threaten or defraud Users of the Website; or
  8. Collect, or attempt to collect, personal information about Users of the Website or third parties.

Your privacy is important to HELP. Please read the HELP Privacy Policy, hereby incorporated into the Terms, carefully for information relating to HELP’s collection, use, and disclosure of your personal information.

DISPUTE RESOLUTION — VENUE. You agree to be subject to the jurisdiction of Sri Lanka. You agree that any dispute between you and us will be resolved in Colombo County, Colombo to the exclusion of any other potential venue.

NO CLASS ACTIONS; NO JURY TRIAL. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party. You waive any right to a trial by jury.

You agree that any legal action, dispute or proceeding between Takas and you for any purpose concerning the Terms and Conditions or in relation to your visit to the Site or the products you purchase through the Site or the parties’ obligation hereunder shall be governed by the Arbitration Act No 11 of 1995 in Sri Lanka. Any cause of action or claim you may have with respect to the Services must be commenced within one (01) year after the claim or cause of action arises or such claim or cause of action is barred.

STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you in connection with the Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.

WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); for other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Websites or to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples. We assume no responsibility for the content of other websites linked on the Website. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

TERMINATION BY US. We reserve the right to terminate this User Agreement in our sole discretion. We may terminate this User Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.

MODIFICATIONS. HELP reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and other sections of the User Agreement periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, HELP will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after HELP makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

Privacy Policy

Date of Last Revision: April 10, 2020

HELP takes your privacy seriously. We know you trust us to help with your homework and assessments and we want you to know that you can trust us to keep your personal information safe.

The below Privacy Policy (“Policy”) explains HELP’s collection, use, and disclosure of your personal information in connection with our website, app.help.lk (“Website”). We refer to our Website visitors as users (“Users”), whether as a guest, registered user, volunteer, or person seeking academic services for a student or him or herself, of HELP’s Services (“Services”).

Please read the Policy carefully. By continuing to use the Services, you agree that you have read and are bound by this Policy. If you do not agree to this Policy, you must not use the Website or engage in HELP’s Services.

HELP strives to connect Users (in particular, students and volunteers) in order to help students succeed in their classes and in assessments. However, in order to help us improve our Services and obtain funding to continue providing these Services to you, we have to collect personal information about you. Here are some examples of what we use your personal information to do:

  • Store chat logs and whiteboard pictures from your sessions for screening purposes
  • Contact you about your account, including, but not limited to, changes to the Terms of Service or HELP’s Services
  • Ask you for your feedback to help make our Services better
  • Respond to your requests for information or assistance
  • Consolidate anonymized information about Users in order to apply for and maintain funding
  • If you were referred by a partner organization, provide that partner organization with information on your usage of the Services

Because we care about your privacy, there are several things we promise we will never do:

  • We WILL NOT sell your personal information to anyone
  • We WILL NOT give anyone except key staff members (defined below) and in special cases relevant federal authorities (explained below) access to personally identifiable information, such as your full name, gender, age, school, or contact information

Information we collect from you may include, but is not limited to, your:

  • Email address
  • Full name
  • Birthdate
  • Gender
  • School/University name
  • Employment status

We collect information about you in the following ways:

  • Information you give us. You may give us personal information during account registration, through editing your account profile, or through feedback forms or contact forms on our Website.
  • Information we get from your use of our Services. When you use our Website, we collect information including but not limited to: which Services you use, at what time you use the Services, and how long your interactions with other Users last.

Information collected is hosted in servers in Singapore and subject to Sri Lankan law. Users who access our Services from other jurisdictions transfer their information to Sri Lanka, where data protection and privacy laws may be less stringent than the laws of the originating country.

You can visit the Profile section of our Website at any time to see some of personal information we have collected about you. Most of this information can be updated by you on the Website, but you may email us at [email protected] at any time to request that we update or remove your information. HELP will retain the information of Users for as long as your account remains active or until we receive a data deletion request from you.

If you are under age 13, a law called the Children’s Online Privacy Protection Act (COPPA) says that we must have a parent’s permission before we may collect and use your personal information. At this point, we do not allow students under the age of 13 to make accounts and use our Services.

Now you know how and why we collect information – but who actually has access to it? Don’t worry – HELP gives other Users and HELP staff members limited access to your information. In particular:

  • HELP Staff Members: Only two staff members, the Executive Director and the Director of Technology, will be able to access all of the information connected to your account. Other HELP staff members may receive your name, email address, and any additional information you submit, should you use one of the forms on our Website (such as the “Contact Us” form) in order to respond to your message. Members of HELP’s Operations team may access specific information connected with your account for purposes such as screening chat logs or consolidating information to provide to the partner organization that referred you (if any)
  • Other Users: Other Users may only view your first name and the help topic associated with the current session while you are in a session with them. After ending the session, the other User may no longer view any information about you or contact you. Providing personally identifiable information or contact information (such as your full name or your email address) to another User through the website is a breach of our Terms of Service. Furthermore, we strongly encourage all Users to follow internet safety practices and use caution even when interacting with other Users.
  • Partner Organizations: If you were referred by a partner organization, we may share information regarding your usage of the app, such as how many times you used our Services, with that partner. This information will not be anonymized.

Completely anonymized and consolidated information will be shared in our annual reports (which will be available on our Website to all visitors) and in our applications for funding. Anonymized and consolidated means that the information will not pertain to any one individual and it will not be possible to identify any individuals that may or may not be included. If you would like to be excluded from these statistics, please email [email protected].

On occasion, we may quote feedback from one of your submitted feedback forms.

If we have reason to believe that disclosing your personal information is required by law, is reasonable to protect someone from possible injury, or is required as part of an internal or external legal investigation, we may do so.

Cookies are files that your web browser puts on your computer when you visit a web site. We use cookies to tell us how often you visit our Website, and what pages you go to on our Website. Sometimes we use files from other companies (called third-party cookies) to help us see where people go on our Website or to improve our Services and the performance of our advertising. Unless you give us permission, the cookies we use do not store any personally identifiable information.

HELP reserves the right, at our discretion, to change, modify, add, or remove portions of the Policy at any time. For any material changes to the Policy, we will make a reasonable effort to provide notice to you of such changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

Volunteer Agreement

Date of Last Revision: April 10, 2020

The below Volunteer Agreement (“Volunteer Agreement”) applies only to volunteers and covers your rights and obligations in connection with our website, app.HELP.lk (“Website”). We refer to our Website visitors who select “Volunteer” during account creation as volunteers (“Volunteers”).

Please read the Volunteer Agreement carefully. By continuing to use the Website, you agree that you have read and are bound by this Volunteer Agreement. If you do not agree to this Volunteer Agreement, you must not use the Website.

You have agreed to work as a volunteer for HELP and do so of your own volition, and any services you perform under this Agreement will be performed strictly in a volunteer capacity. You acknowledge that, as a volunteer, your time and service in this capacity are given without promise, expectation or receipt of any form of compensation, benefits or other remuneration by HELP or any other person or entity.

You agree that you, your assignees, heirs, guardians and legal representatives will not make any claim against or sue HELP or its employees, officers, directors, agents or contractors for any injury or damage resulting from the negligence or other acts, however caused, by HELP or any of its employees, officers, directors, agents, contractors, recipients of services provided by HELP, or any other person in connection with your work as a volunteer for HELP. YOU HEREBY RELEASE AND FOREVER DISCHARGE HELP AND ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS AND CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT YOU, YOUR HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES NOW HAVE OR MAY HAVE IN THE FUTURE, FOR ANY AND ALL INJURY OR DAMAGE RESULTING FROM YOUR WORK AS A VOLUNTEER FOR HELP.

You agree to indemnify, defend and hold harmless HELP and its employees, officers, directors, agents, contractors and volunteers from any loss, liability, damage, or cost it may incur due to or in any way connected with your work as a volunteer for HELP, whether caused by the negligence of HELP or otherwise.

 

In connection with your work as a volunteer for HELP, you understand and acknowledge that you may receive (without regard to intention, mode or medium of communication) information about the individuals to whom HELP provides services. You shall treat all such information as absolutely confidential, and will not disclose such information to any person other than as strictly necessary in connection with your work as a volunteer for HELP.

 

You authorise HELP and/or any third party acting on HELP’s behalf to conduct or otherwise carry out an investigation of your background, references, character, past employment, consumer reports, education, criminal history and such other information that may be required in connection with your application for volunteerism.

 

You understand and agree that any materials or tools provided by or on behalf of HELP are and shall remain the property of HELP. No licenses or rights under any patent, copyright, trademark, trade name, trade secret or other intellectual property are granted or are implied to be granted to you or any other person by reason of this Agreement or your work as a volunteer for HELP.

 

You agree that HELP may terminate this Agreement, and/or your participation as a volunteer for HELP, at any time, without notice or cause.

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, such invalidity, illegality or unenforceability will not affect any other provision or the enforcement of such provision, and such invalid, void or otherwise unenforceable provisions shall be null and void. To the fullest extent permitted by law, any invalid, void or otherwise enforceable provisions shall be automatically replaced by other provisions which are as similar as possible to such terms but are valid and enforceable.

 

This Agreement shall be governed and construed in accordance with the laws in Sri Lanka, without regard to the laws of conflict of laws. You agree that any dispute regarding the interpretation or validity of, or otherwise arising out of this Agreement, shall be subject to the exclusive jurisdiction of the courts located in Colombo Sri Lanka, and you hereby agree to submit to the personal and exclusive jurisdiction and venue of such courts and not to seek the transfer of any case or proceeding out of such courts. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

 

This Agreement represents the entire understanding and agreement relating to your work as a volunteer for HELP and the matters contained herein, and may only be amended, modified or waived by a separate writing executed by HELP and you expressly setting forth such amendment, modification or waiver.