Terms and Conditions
1.THE TERMS
1.1 Acceptance of the Terms
Welcome to Hellowiz.com (“Service” or “Site”), which is owned and operated by Hellowiz LLC (“Hellowiz”, “we”, or “us”). We can be contacted at contact@hellowiz.com. By clicking “I Agree” on the account registration or using the Site or using the Service in any way, you (“you”, and “your”) are agreeing to comply with and be bound by these terms of service and, if you are an Wizard (as defined below), the Wizard agreement (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site or about which you are notified (together with the Related Agreements, collectively “Terms”). Additionally, you acknowledge our Privacy Notice applies. In the Terms, “Wizling” refers to any person using the Site to connect with and purchase the services provided by the Wizard and “Wizard” refers to any person who provides their services, to Wizlings and/or other Wizards, through our Site. Together, Wizlings and Wizards are referred to as “users”.
1.1.1 If you do not agree with all the Terms, you may not use the Site. Please review all of the Terms carefully before using the Site. By using the Site, you are representing that you are over the age of 18 and are capable of forming legally binding contracts.
1.2 Electronic communications and right to modify Terms
1.2.1 When you visit Hellowiz or send us e-mails, you are communicating with us electronically and you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Hellowiz account profile, your current and active email address.
1.2.2 Hellowiz may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing user upon the earlier of the agreement of the user or 30 days after notice to the existing user, either via email from contact@hellowiz.com email address to your email address on file with Hellowiz or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Hellowiz website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will alternatively signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The then current Terms will be posted on the Site, and you should always review them prior to using the Site.
- THE SITE
2.1 Hellowiz is an on-line community connection venue
2.1.1 The Hellowiz Site is a community-oriented marketplace for active adults who are in retirement transition to make purposeful use of their time & experience to collaborate, give back, & offer services to the community. Wizards are not employees or agents of Hellowiz but are independent service providers using the Site to sell their expertise and knowledge to Wizlings and, as such, along with Wizlings, are simply users of the Site.
2.1.2 Hellowiz is not involved in the conversations and interactions (in whatever form) between Wizlings and Wizards and does not refer Wizlings to, or endorse or recommend, particular Wizards. You understand and acknowledge that Hellowiz cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the interactions between users. Hellowiz shall not be liable for any acts or omissions of Wizards, content in direct interactions, the ability of Wizards to answer questions or the ability of Wizlings to pay for the Wizards services. We cannot ensure that a Wizling or Wizard will complete a transaction. Notwithstanding the foregoing, Hellowiz reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any user’s access to the Site.
2.1.3 When a Wizling connects with a Wizard on the Site the Wizling and Wizard have entered into an agreement between themselves to which Hellowiz is not a party. Hellowiz takes no responsibility for any liabilities or obligations that any user takes on under such an agreement.
2.3 No reliance
2.2.1 Hellowiz cannot warrant or guarantee a Wizard”s purported identity; user identification on the Internet is difficult. For these reasons, Hellowiz cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by users including Wizards.
2.2 Verification
2.3.1 While Hellowiz strives to admit only high-quality Wizards onto the Site, use of the term “Wizard” by Hellowiz and on the Site is only meant to describe users of the Site who have experience in a particular field, and not to guarantee any particular level of expertise.
2.3.2 You acknowledge and agree that Hellowiz, as an on-line platform provider only, which enables Wizlings and Wizards to connect, is not responsible for, and will not be liable for, any loss or damage caused by your reliance on any information or content provided between the users.
2.4 Information not advice
2.4.1 Responses and communications of Wizards on or off the Site ” in writing or otherwise – are provided by Wizards and are to be used by Wizlings for general information purposes only, and is not a substitute for personalized advice and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
2.4.2 Users agree and acknowledge that Wizards will provide only general information about their area and will not provide specific advice nor propose a specific course of action for a user of the Wizard”s service. Any reliance a user may place on the information on this Site and/or that which is provided by the Wizard is strictly at users” own risk. By providing their service and information, Wizards do not intend to form, and do not form any formal and/or professional client relationships with users of the Site and/or Wizard”s service.
- YOUR ACCOUNT
3.1 User accounts
3.1.1 When you register as a user on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Hellowiz of any unauthorized use of your username or account. You may only create one account on the Site. If your Hellowiz account has been suspended or terminated, you may not open another account on the Site.
3.1.2 You agree to keep your contact information (including but not limited to your email address) up-to-date, and to comply with all billing procedures (if applicable).
3.1.3 We do not knowingly collect personal information from children under 18, and if we become aware that a child under the age of 18 has submitted personal information to us, we will promptly remove it from our systems.
3.2 Restricted activities
3.2.1 You agree that any content that you provide through the Site, your registration as a Wizard or Wizling and your use of the Site shall not:
(a) be fraudulent, inaccurate or misleading;
(b) infringe any third party’s proprietary rights or rights of publicity or privacy;
(c) be illegal or violate the spirit or letter of any applicable law;
(d) be defamatory, libellous, threatening or harassing;
(e) be obscene;
(f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(h) link directly or indirectly to or include descriptions of goods or services that:
(i) are prohibited under the Terms; or
(ii) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Hellowiz’s prior written consent.
Together, the “Restricted Activities”.
3.3 Suspension of termination of service
3.3.1 You may terminate your Hellowiz account at your sole discretion and at any time by written notice via e-mail to contact@hellowiz.com . Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed.
3.3.2 At any time, without notice, for any or no reason, Hellowiz reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate users” accounts (including yours).
- LEGAL STATEMENTS
4.1 Limitation of liability
4.1.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
4.1.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Site; or
(b) use of or reliance on any content displayed on the Site; including any dispute with one or more users of the Site.
4.1.3 If you are a business user, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
4.1.4 If you are a consumer user, we only provide the Site to you for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.1.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
4.1.6 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as 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.
4.2 Proprietary rights of content
4.2.1 You acknowledge that Hellowiz and its licensors and suppliers own the rights to the Hellowiz website and the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Hellowiz website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Hellowiz, Hellowiz users, or Hellowiz advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4.3 No endorsement of non-Hellowiz entity
4.3.1 Hellowiz may offer to its users products and services offered by non-Hellowiz entities. Placement of information, logos, links or names of such non-Hellowiz entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or use the services of any such entity and you agree that Hellowiz is not responsible in any way for anything connected with those non-Hellowiz entities. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Hellowiz by formation of this agreement or by your participation on the Site.
4.3.2 IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM A WIZARD, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
4.4 Information control
4.4.1 We do not control the information provided by users between themselves, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using the Site, you agree to accept such risks and that Hellowiz is not responsible for the acts or omissions of users on the Site.
4.5 Exclusion of warranties/DISCLAIMER/Limitation of Liabilities
4.5.1 TO THE EXTENT PERMITTED BY LAW, HELLOWIZ SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR A USER THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS. HELLOWIZ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HELLOWIZ DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
4.5.2 UNDER NO CIRCUMSTANCES WILL HELLOWIZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS WIZARDS OR OTHERS) OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
4.5.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELLOWIZ OR THROUGH OR FROM THE HELLOWIZ SERVICES SHALL CREATE ANY WARRANTY.
4.6 Indemnification
To the extent permissible under applicable law, you agree to indemnify and hold Hellowiz, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys’ fees, asserts by any third-party that are in any way due to or arising out of your use of or conduct on the Site or your failure to abide by these Terms.
4.8 Miscellaneous
4.8.1 The Terms constitute the complete and exclusive statement of the Agreement between you and us. The Terms supersede any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understandings relating to the subject matter of the Terms.
4.8.2 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Hellowiz”s failure to exercise or enforce any of the Terms shall not constitute a waiver of Hellowiz”s right to exercise or enforce the Terms as to the same or another instance. Headings in this document and Related Agreements are for the purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
4.8.3 You agree that Hellowiz may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and anti-fraud mechanisms in place, are based upon individual usage.
4.8.5 The Terms are only available in English.
4.8.6 The Terms are governed by the Illinois state laws