TERMS AND CONDITIONS

WHEREAS

The following are the terms of a legal agreement (the “Agreement”) between you (also referred to as a member or user) and Hela Capital that sets forth the terms and conditions for your use of the Hela Capital website at www.helacapitals.com (the “Site”). This Site is being provided to you expressly subject to this Agreement and by accessing, browsing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

  1. Introduction

1.1 Hela Capital reserves the right to amend this Agreement at any time without expressly notifying you. You should periodically check the Hela Capital site for the latest version of this Agreement. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Hela Capital may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

1.2 The Hela Capital web site services includes information and features that you can access and use, including borrowing and lending accounts and related services, monitoring your loans, and any other features or content we may add in the future (the “Services”).

1.3 Should you become a registered Investor or Borrower with Hela Capital then you will also need to agree to a Lender Agreement or Borrower Agreement.

 

  1. Eligibility to Use Hela Capital’s Services

2.1 To apply as a Borrower or Investor with Hela Capital you must hold an bank account and be at least eighteen (18) years of age or older (the “Eligibility Criteria”). By using the Service or the Site, you represent and warrant that you are 18 or older. Hela Capital may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site without limitation if we believe that you do not comply with the Eligibility Criteria.

 

  1. Registration

3.1 To access the full range of Hela Capital services and to view all the available details of loan listings we require that you register yourself as a member of Hela Capital (“Member”) using a valid email, a screen name (also called a username) and that you choose a secure password. You are responsible for maintaining the confidentiality of your password and you are fully responsible at all times for all activities that occur using your password. Please notify us immediately of any unauthorized use of your password or any other breach of security. You may not use anyone else’s password at any time.

 

  1. Collection of Information

4.1 You authorize and consent to our access to and collection of your information from time to time at our discretion in order to provide or offer the web site services to you. You acknowledge and agree that our access is based on your express consent in order to provide the web site services and does not constitute a breach of any privacy policy or a failure to safeguard the confidentiality of your financial records. Hela Capital may rely on this authorization and consent until it receives your express revocation and has a reasonable time to act upon your revocation.

 

  1. Permission to Publish Certain Personal Information

5.1 You grant us permission in perpetuity to use any of your loan listing, your online profile or other information that you provide to us for public display (except any information that reveals your identity). Your publicly visible information will include (but is not limited to and we reserve the right to vary without notice), your Hela Capital username or screen name, the date you joined Hela Capital, city or state you reside in, your Hela Capital group or connections to other Hela Capital members. We will also display your Hela Capital Credit score, number of defaults or bankruptcies filed with the credit reference bureau.

  1. Our Privacy Policy

6.1 Hela Capital has defined practices and policies with respect to the collection and use of personally identifiable information which are outlined in Hela Capital’s Privacy Policy. No part of this Agreement is intended to contradict any of our privacy policies.

 

  1. No Soliciting of Information or Disclosing Other Member Information

 

7.1 A member of Hela Capital may not request, require or accept another Hela Capital member to provide proof of identity, proof of employment, financial statements, a credit report, or authorization to obtain a credit report as a condition to bidding on listings. In particular borrowers should not provide such information. When a borrower creates a listing, Hela Capital obtains the borrower’s credit rating and other bureau information that we display as part of the loan listing.

7.2 In addition you agree to not to post, upload, display, transmit, share, store, publish or make publicly available on the Site or on any other website, or in any email or other medium of any kind, any private or personally identifiable information of any other Hela Capital member. This information includes but is not limited to, names, dates of birth, addresses, phone numbers, email addresses, NHIF numbers, driver’s license numbers, bank account or credit card numbers, personal financial details, or education or school details, and applies whether or not such information is already in the public domain or is displayed or inferable on the Site, or obtainable from third-party sources unrelated to the Site (such as search engines or social networking sites).

 

  1. Other Restricted Activities

8.1 When you use the Site, or the Hela Capital services, or in the course of any interactions with Hela Capital, you agree that you will not:

  1. Breach this agreement or any other agreement or policies that you have entered into with Hela Capital
  2. Violate any law, statute, ordinance, or regulation.
  3. Provide false, inaccurate or misleading Information.
  4. Pay for your transactions with what we reasonably believe to be potentially fraudulent funds.
  5. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  6. Control an account that is linked to another account that has engaged in any of these restricted activities. We may use evidence other than the account information to determine whether you control an account in someone else’s name, including but not limited to IP addresses, common business names, bank accounts, phone numbers and mailing addresses.
  7. Use the services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Hela Capital or you.
  8. Post, upload, email, transmit, publish or otherwise make public any; unsolicited materials, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications whether this be via email or via posting of information on the Site.

 

  1. Hela Capital’s Rights to User Content

9.1 All content posted by you on the Hela Capital site, including comments, remarks, discussions, ideas, know-how, techniques, graphics, photos, images or other materials (collectively, “User Content”) will be deemed to be the property of Hela Capital, and we will be entitled to use any User Content for any purpose, without restriction (except with respect to our Privacy Policy or applicable copyright laws) or compensation to the individual who has provided this User Content. You must post User Content that you either created, own or have permission to use. Hela Capital reserves the right to remove any User Content, loan listing, member profiles or other materials that may infringe copyright.

 

  1. Site Content, Brands and Trademarks

10.1 You acknowledge and agree that we own all rights to our web site and all the content displayed on the site, including, but not limited to, the Hela Capital logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively the “Site Content”). The Hela Capital web site service, content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by Hela Capital, its affiliates or agents.

10.2  You agree that Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Hela Capital. You acknowledge that the Site Content is and shall remain the property of Hela Capital. You may not modify, transform, participate in the sale or transfer of, or create derivative or modified works based on any Site Content, in whole or in part.

10.3 Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Hela Capital Site Content or trademarks displayed on this Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written permission. We prohibit the use of any of the Hela Capital trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

  1. Monitoring and Moderation of Site Content

11.1 You acknowledge and agree that Hela Capital has the right to monitor the Site and/or to moderate Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

11.2   Hela Capital may monitor emails or other communication between Hela Capital’s members on the Site. Hela Capital reserves to right to restrict any member’s activities on the Site that Hela Capital deems to be in breach of this.

 

  1. Disclaimer

12.1 None of Hela Capital, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (referred to collectively as the ” Hela Capital “) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and Hela Capital disclaims liability for errors or omissions in the content.

12.2 This site and all of the content is provided “as is”, without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. Hela Capital parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are cannot be excluded or restricted under the applicable laws.

 

12.3 Hela Capital may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Hela Capital parties do not undertake any obligation or responsibility to update or amend any such information. Hela Capital reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.

 

  1. Limitation of Liability

13.1 Under no circumstances will Hela Capital parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Hela Capital parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Hela Capital is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that Hela Capital parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

 

  1. Indemnification

14.1 You agree to indemnify and hold harmless Hela Capital Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Hela Capital Parties in connection with any claim by a third party (including any intellectual property claim) arising out of any materials and content you submit to, post to or transmit through the Site, or your use of the Site in violation of this Agreement or in violation of any applicable law. You agree to indemnify and hold harmless Hela Capital Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.