hellopurple Privacy Policy
These Terms of Use apply to your use of our website, https://hellopurple.com/ (together with its subdomains, the "Site", and collectively with the Content, Marks and all associated services provided through the Site, the "Platform"). Please read the following Terms of Use carefully before using the Platform, so that you are aware of your legal rights and obligations with respect to hellopurple Inc. ("hellopurple", "Company", "we", "our" or "us").
1. General
1.1 The Platform offers a tool for managers and other authorized HR personnel in organizations and companies ("Planners") to engage with service providers and suppliers ("Vendors"), in order to assist them in managing and producing events for their organizations. The Planners and Vendors that are registered with hellopurple may also be collectively referred to in these Terms as "Users" or "you"
1.2 By accepting these Terms of Use, or otherwise by accessing or using the Platform, you warrant that (i) you are a legal entity that is entitled to enter into, and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with our Privacy Policy (the "Terms"); and (ii) in the event you are acting on behalf of a company and/or organization and/or supplier, then you are authorized to use the Platform and to legally bind the company and/or organization and/or supplier to the commitments found in these Terms. The Platform is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Platform.
1.3 You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. You agree that you will not have any claim and/or suit and/or demand against the Company and/or anyone on its behalf in regards to these Terms.
2. Account: Site Access
2.1 In order to make use of the Platform, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to us at support@maryoku.com
2.2 For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
3. Use of the Platform
3.1 Users may publish information about themselves in the Platform, including but not limited to, details regarding their organization, company, offered services, or requested services ("User Submissions"). You hereby acknowledge and agree that any User Submissions may be available and accessible to all Users.
3.2 You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Platform and these Terms
3.3 By submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Platform and our business, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.
3.4 You agree that you will not display, post, submit, publish, upload or transmit any User Submissions, including inter alia, pictures, video clips, files of every kind, exterior links that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; (viii) identifies individuals without receiving their consent; (ix) contain computer programs and/or computer code; (x) violates any applicable law or regulation, or (xi) is otherwise malicious or fraudulent.
3.5 We do not verify, confirm or examine User Submissions, and it cannot guarantee the accuracy of the User Submissions uploaded to the Platform, including, inter alia, the identity of the Vendors, whether or not they are qualified and have any necessary permits and/or licenses, or that they are authorized to provide the services that they offer via the Platform. In addition, the Company doesn't examine their competency and compatibility to the needs and objectives of each User.
3.6 We recommend that each User conducts any and all required examinations before entering into an agreement with another User in the Platform. Notwithstanding the foregoing, you acknowledge that the exclusive liability for examining the qualification, identity, correctness, reliability and accuracy of the Vendors and/or Planners, and of the information that is presented by them, lies exclusively upon the User. The Company will not bear any liability or responsibility for any damages which may be caused to any User as a result of any communications and/or agreements entered into with another User in the Platform and/or as a result of using his services.
3.7 You may use some services offered via the Platform for engagement with Vendors or Planners (as applicable) that are not hellopurple's Users ("External Engagement"). hellopurple shall have no liability with respect to such External Engagement, including for the performance of the parties to the engagement.
4. Terms specific for Vendors
4.1 Vendors may receive requests to provide certain services from Planners through the Platform (each, an "Order Requests (s)"). Vendor may, within its sole discretion, accept or reject Order Requests from Planners, and no Order Request shall bind a Vendor unless accepted by the Vendor in writing.1.13 Vendor hereby acknowledges and agrees that payment for each Contract shall be done exclusively through the Platform, and no monies shall be exchanged between the Vendor and Planner outside of the Platform.
Each Order Requests for services accepted by the Vendor through the Platform shall constitute Proposal which is a binding offer by Vendor for a period of thirty (30) days from acceptance but shall only bind the Planner upon Planner’s approval of such Proposal. In the event that Planner has approved such Proposal, it shall constitute a binding contract between the applicable Planner and Vendor for the applicable Vendor services (each, a "Contract").
4.2 Vendor hereby acknowledges and agrees that payment for each Contract shall be done exclusively through the Platform, and no monies shall be exchanged between the Vendor and Planner outside of the Platform.
4.3 Each Vendor agrees that payment made by a Planner through the Payment Services shall be considered the same as a payment made directly to the relevant Vendor providing the relevant services, and the Vendor will provide the services purchased in the relevant Contract in the agreed-upon manner as if the Vendor has received the payment directly from the Planner. Each Vendor agrees that the Company may refund the Planner in accordance with the Terms. Each Vendor understands that the Company's obligation to pay the Vendor is subject to and conditional upon successful receipt of the associated payments from the relevant Planner. We guarantee payments to Vendors only for such amounts that have been successfully received by the Payment Services from the relevant Planners in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Vendor, hellopurple assumes no liability for any acts or omissions of the Vendor.
4.4 Following the completion of the services pursuant to a Contract, Vendors may submit opinions, assessments and reviews about the events that were held by Planners in which their services were provided pursuant to a Contract ("Vendor Review") Vendor Reviews are considered as a type of User Submission, and accordingly, we do not check, verify the correctness and reliability, censor or supervise Vendor Reviews, and therefore we do not assert any liability for any and all losses or damages that may be caused to a User as a result from a Vendor Review.
4.5 When using the Platform to offer its services, each Vendor represents and warrants that: (i) it has the proper knowledge, skills, training, experience and means required to fully and duly execute its obligations under each Contract; (ii) it has any and all licenses and permits, which may be required in order to perform the services offered through Platform; (iii) it will be free to provide the services according to Planners' requirements and needs as stipulated in each Contract; and (iv) it shall not condition its services or offer discounted services in exchange for receiving a positive Vendor Review.
4.6 The Company shall provide the Vendor with payment for the services provided according to the terms specified in the Contract. We may delay or cancel any payouts to Vendors for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
4.7 In the event that a Planner cancels a Contract to which you are a party to, we will remit a payout of any portion of the total fees due to you under the applicable cancellation policy.