Virtual Terminal Terms of Service

Last updated on: June 2, 2018

By using the Helcim Virtual Terminal and Online Gateway service ("Service") or any of the services of Helcim Inc. ("Helcim"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by logging into your Virtual Terminal account. Helcim reserves the right to update and change the Terms of Service by posting updates and changes to the Helcim website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms:

  • You are responsible for keeping your password secure. Helcim cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You may not use the Helcim service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Alberta.
  • You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Helcim account.
  • You must not transmit any worms or viruses or any code of a destructive nature.

General Conditions:

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
  • Helcim does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  • Helcim does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • Helcim does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  • You expressly understand and agree that Helcim shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  • In no event shall Helcim or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Helcim partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Technical support is only provided to paying account holders and is only available during standard business hours via telephone at 1-877-643-5246 or via email at help@helcim.com
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Helcim.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Helcim customer, Helcim employee, member, or officer will result in immediate account termination.
  • By uploading images and item description content to Helcim.com, you agree to allow other internet users to view them and you agree to allow Helcim to display and store them and you agree that Helcim can, at any time, review all the content submitted by you to its Service.
  • The failure of Helcim to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  • You retain ownership over all content that you submit to a Helcim store however, by making your store public, you agree to allow others to view your content.
  • Helcim does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  • Questions about the Terms of Service should be sent to help@helcim.com

Binding Arbitration

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to the Terms of Service, or the Services or the relationship which results from these Terms of Service, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in the Terms of Service or your receipt and use of the Services, which cannot be amicably resolved, (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English pursuant to the Alberta Arbitration Act RSA 2000, c A-43, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Helcim, its officers, directors, employees, contractors, or agents relating to any Claim and you also agree to opt out of any such class proceeding. Notwithstanding the foregoing, Helcim reserves the right to pursue the protection of any intellectual property rights or confidential information through injunctive or other relief through the courts.