TABLE OF CONTENTS
- INTRODUCTION
- MISSION GOALS
- THE SERVICE
- ELIGIBILITY
- PERSONAL DATA
- TERM
- PLATFORM USAGE
- PROHIBITED ACTIVITIES
- LICENSE
- INTELLECTUAL PROPERTY RIGHTS
- THIRD-PARTY SERVICES
- TERMINATION
- RELEASE
- WARRANTY DISCLAIMER
- INDEMNIFICATION
- GOVERNING LAW AND DISPUTE RESOLUTION
- MODIFICATION
- MISCELLANEOUS
- CONTACT
1. INTRODUCTION
Welcome to Corona Help Center. These Terms and Conditions regulate the use and access of http://findcoronahelp.org/ media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. These Terms and Conditions, our Privacy Policy, Disclaimer and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform. By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Corona Help Center (hereinafter referred to as “Corona Help Center”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).2. MISSION GOALS
2.1 Save time and lives by connecting people in need with people who can help.
2.2 To provide globally available data-based insights and projections to the local government and senior healthcare officials.
2.3 Respect and motivate healthcare and frontline workers by appreciating them and sending positive messages.
2.4 Reduce chaos during the current pandemic by reminding the general public to stay home and not panic.
2.5 To motivate people to help others while adhering to the Coronavirus protocols.
We shall strive to complete all the above-mentioned goals, nothing in these Terms shall make us obligated to complete all goals mentioned herein.3 THE SERVICE
3.1 The Platform is a free of cost peer to peer network platform utilizing which users can either seek or provide help to users seeking help by registering on the Platform. For the purpose of these Terms the users seeking help will be referred to as the “Seekers” and the users who wish to provide help shall be referred to as the “Helpers”. The main purpose of the Platform is to connect the Seekers and Helpers so that they may seek or provide help. The Platform is not a “for profit” Platform. We do not charge any amounts, fees etc. from our users for utilizing the Platform or for any other reason.
Our goal is to be of use to the public who are affected by the ongoing coronavirus pandemic in any way we can and ease the plight of the general public (“Service(s)”). If you have any questions regarding the Services, please refer to our FAQs section on the Platform or contact us using the contact information provided in Section 20.4 ELIGIBILITY
4.1 To use our Platform, you must:
4.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law.
4.1.2 If you are a minor seeking help, you must provide the required information on the Platform by seeking permission from a responsible adult or preferably a local guardian who is related to the minor by blood or close relatives. This Platform is not intended to be used by minors without receiving consent from a person who has achieved the age of majority.
4.1.3 Agree to our Terms and Conditions, Privacy Policy and Disclaimer; and
4.1.4 Provide true, complete, and up to date legal and contact information as well as other information required in the forms available on the Platform.
4.1.5 Represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
4.1.6 By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
4.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. Corona Help Center may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
4.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
5. PERSONAL DATA
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your name, phone number, email address, organization name, country, state, city/region/district complete address, information regarding areas in which Seekers require help or Helpers can provide help to Seekers (“Personal Data”). You agree that your Personal Data is collected by us through your consent.6. TERM
The Term begins as soon as you access the Platform and continues as long as you use the Platform. By entering your Personal Data on the Platform and clicking “I accept the Terms and Conditions, Privacy Policy, and Disclaimer[AM2] ”, “I will not take advantage of anyone in need”, and “I will try my level best to help others” means that you’ve officially “signed” these Terms.7. PLATFORM USAGE
7.1 To access the Platform, you need to provide your Personal Data via the Platform forms. It is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the removal of your information from our database of users as well as suspension or termination of your access to the Platform.
7.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name.
7.3 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Personal Data. You shall have the ability to delete your Personal Data, either through the Platform or through a request made on our Platform.
7.4 You understand and agree that by providing your Personal Data for availing the Services, you agree to receive communications from us regarding the Services or their availability.
8 PROHIBITED ACTIVITIES
8.1 As a user of the Platform, you agree not to:
8.1.1 systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
8.1.2 make any unauthorized use of the Platform, including collecting Personal Data and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
8.1.3 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
8.1.4 engage in unauthorized framing of or linking to the Platform.
8.1.5 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive information;
8.1.6 make improper use of our support services or submit false reports of abuse or misconduct.
8.1.7 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8.1.8 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
8.1.9 attempt to impersonate another user or person.
8.1.10 use any information obtained from the Platform in order to harass, abuse, or harm another person.
8.1.11 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavour or commercial enterprise.
8.1.12 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
8.1.13 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
8.1.14 delete the copyright or other proprietary rights notice from any Platform Content.
8.1.15 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
8.1.16 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
8.1.17 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
8.1.18 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
8.1.19 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
8.1.20 use the Platform in a manner inconsistent with any applicable laws or regulations.
9 LICENSE
Subject to the Terms, Corona Help Center gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from Corona Help Center to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Platform contains Intellectual Property of Corona Help Center in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms and Conditions.
10.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Corona Help Center or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Corona Help Center. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Corona Help Center or its third-party suppliers, as the case may be.
10.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
10.4 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Corona Help Center and you hereby irrevocably transfer and assign to Corona Help Center such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
10.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your access to the Platform or remove you from our database. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 20.
11 THIRD-PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.12 TERMINATION
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Personal Data from our database. Any such termination shall immediately revoke the license granted under Section 9, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.13 RELEASE
To the maximum extent permissible by applicable law, you hereby absolutely release Corona Help Center and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.14 WARRANTY DISCLAIMER
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. CORONA HELP CENTER, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.15 INDEMNIFICATION
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.16 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Canada applicable therein (notwithstanding conflict of law rules). Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.17 MODIFICATION
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications. When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.18 MISCELLANEOUS
18.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18.2 Relationship of the parties. You and Corona Help Center are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
18.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
18.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
18.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms and Conditions. Notices to us shall be sent via our website and social media. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
18.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
18.7 Interpretation. The headers are provided only to make these Terms easier to read and understand.