Terms and Conditions (“Terms”)
Last updated: September 2, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.heltdusa.org website (the “Service”) operated by HEL USA LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of HEL USA LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HEL USA LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by HEL USA LLC.
HEL USA LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HEL USA LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless HEL USA LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall HEL USA LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Personal Concierge Services
HEL USA LLC is acting as an agent for all services provided, including but not limited to: sightseeing tours and transportation, wellness centers, accommodation support, trip arrangements, and any other hospitality services. HEL USA LLC cannot be held responsible or liable for injury, loss, damage or delay arising out of or in connection with any act, omission, neglect, accident, error or default of any persons providing Services. HEL USA LLC cannot be held accountable for costs or other liabilities associated with acts of terrorism, war, accident, weather or acts of God. HEL USA LLC shall not be liable for any delayed departure, missed carrier connections, substitution of accommodation or performance or equipment, termination of services, change in fares and rates or cancelations or double booking of reservations or tickets beyond its control and without notice.
HEL USA LLC reserves the right to change any feature of any tour or preset package as it may be necessary with or without notice.
It is understood by the client that HEL USA LLC shall not be responsible for any inconvenience or expense incurred by such changes. HEL USA LLC shall not be liable for late delivery or non-delivery of documents and/or tickets and consequences thereof due to the fault of the United States Postal Service, Federal Express of any other letter/parcel carrier which it elects to use. HEL USA LLC reserves the right to accept or reject any person or Company as a member of any activity at any time for any reason whatsoever.
Any services including but not limited to travel tickets and package holidays/vacations purchased through HEL USA LLC will be subject to the terms and conditions of the travel or holiday/vacation operator and the Supplier.
House rules, refund policies, tenant’s obligations and any fees relating to properties provided by third party or managed directly by HEL USA LLC in conjunction with a licensed real estate professional, will be disclosed on our lease agreements upon acceptance of its terms.
The Prospective Tenant understands that a Holding Fee, equal to one month’s rent is required to be paid to HEL USA LLC to reserve the Rental Premise. Such Holding Fee is NONREFUNDABLE, The Prospective Tenant further understands that, upon execution of the lease, the Holding Fee will become first month’s rent pursuant to the terms of the lease. Should the Prospective Tenant cancel or refuse to occupy the premises on the agreed upon date, then they acknowledge, understand and agree that HEL USA LLC shall retain the Holding Fee as liquidated damages. The Prospective Tenant further acknowledges that the injury caused by the cancellation or refusal to occupy is difficult or impossible of accurate estimation and that the retention of the Holding Fee is a reasonable pre-estimate of HEL USA LLC probate loss. Payment of the Holding Fee is an acknowledgment of the booking reservation terms.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HEL USA LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or in writing at Holiday Estates USA, 1370 Broadway, 5th Floor, Suite 511, New York, NY, 10018.