BY REGISTERING, JOINING AND/OR SIGNING UP IN HEYSHARE.COM AND/OR HEYSHARE MOBILE APP, YOU HEREBY AGREE, ACKNOWLEDGE, ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT & PRIVACY POILCY.
1. DEFINITIONS AND INTERPRETATION
In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:
“We” , “Us” or “HeyShare” Means HeyShare for social media shopping FZ-LLC
“The Platform”, “The Site(s)”, “The Services” Means HeyShare.com Site and/or HeyShare Mobile App
“You” or “User(s)” Means the applicant Who joined the platform and whose details are set out in the registration form.
“Supplier(s)” Means third party suppliers/providers of products/services and its information
“Customer(s)” Means User who purchased product(s)/service(s) from suppliers’ site(s) through Hey-TAG(s)
“Hey-TAG(s)” Means product(s)/service(s) preview , displayed either separately or attached to a post, showing information of the relevant product(s)/service(s).
“HP” , “HPs” or “Hey Point(s)” Reward Points provided by HeyShare, to be redeemed upon user request through one of the available payment services.
“Payment Services Supplier(s)” Means third party party provider of financial services, which HeyShare uses to transfer user redeemed rewards from HeyShare account at Payment services supplier(s) to user account at same Payment service(s) supplier.
“HeyPoints Manager” or “HPs Manager”
“Qualifying Link” Means correctly structured & traceable links available through “Hey-TAG(s)”, which send users to complete payment for product(s)/service(s) at relevant supplier’s site(s).
“Successful sale(s)” or “qualifying sale” Generally Means a sale where an end customer purchased product(s)/service(s) from Suppliers’ site(s). the purchased item(s) were not refunded, delivered to customer and not returned to supplier except for a product change. SPECIFICALLY HAS SPECIAL EXPLANATION AND RULES AS PER EACH SUPPLIER
“Agreement” Means this operating agreement and all its terms & conditions
1. Your Account
You need to create an account to use our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
You may use the Services only if you agree to form a binding contract with HeyShare and are not a person barred from receiving services under the laws of the applicable jurisdiction due to age or any other reason . If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
3. Relationship with supplier(s)
HeyShare’s agreement with the supplier(s) is based on affiliate program operating agreements, and the relation between HeyShare and Supplier(s) is described as an independent contractor , and nothing in the agreement between HeyShare and the supplier(s) creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship. HeyShare will have no authority to make or accept any offers or representations on behalf of the supplier(s) . we do not and will not make any statement, whether on our site or otherwise, that contradict this relationship.
Due to the nature of the relationship between us and the supplier(s), the agreement between HeyShare and Suppliers maybe discontinued, terminated or replaced at any time , you agree to hold HeyShare and Suppliers not responsible and harmless if such changes occur.
4. products & services information
All product(s) /service(s) and its information displayed through Hey-TAG(s) are derived from Suppliers’ sites, neither we nor the suppliers guarantee the accuracy, availability and/or reliability of these information , and you agree to use it on “as-is” basis.
All materials, pictures, information, description, pricing…etc displayed through Hey-TAG(s), are intellectual property & Licensed Materials owned by the suppliers neither HeyShare nor users have the right to use the Licensed Materials outside the site(s).
5. Purchasing through HeyShare
All purchases you make through the platform, are to be made on relevant supplier’s site(s) by following qualifying link(s) embedded in price button displayed on Hey-TAG(s) , HeyShare does not allow or offer any method or tool for you to pay for purchases of any product(s)/service(s) displayed on site.
All pricing, terms of sale, rules, policies, fulfillment, refunds, returns, modifications and operating procedures concerning customer orders, customer service, and product sales set forth on the relevant suppliers’ sites will apply to those customers, and Suppliers may change them at any time. HeyShare is not responsible for these types of requests and will not handle or address any contacts with any of the customers, and, if contacted by any of the customers for a matter relating to interaction with Supplier’s Site(s), HeyShare will direct those customers to follow contact directions on the relevant Supplier’s Site(s) to address customer service issues.
6. Rewards and Redemption
HeyShare is a participant in the Amazon Services LLC Associates Program, the Affiliate Network of Walmart.com, iTunes, Travenza . which are affiliate advertising program designed to provide a means for HeyShare to earn fees/commissions, by linking to sites and affiliated sites of the above mentioned programmes/companies.
HeyShare has account(s) at payment services supplier(s) ; paypal and payoneer , through which it shall transfer redeemed user rewards
“WITHOUT RESPONSIBILITY AND/OR LIABILITY ON ANY OF THE SUPPLIERS OR ANY OF THE PAYMENT SERVICES SUPPLIER(S)” applies to terms (“A” to “Q”)
A - HeyShare - with its own will and responsibility - created rewards and redemption programme through which; HeyShare shall distribute parts of its earned fees from the suppliers upon generating successful sale(s) to the users and/or customers who contributed in generating those sale(s)
B - Rewards and/or HeyPoints are created, provided, added, deducted, calculated by HeyShare ONLY.
C - All user Rewards and/or HeyPoints concerns are to be addressed with HeyShare ONLY.
D- Hps you accumulate reflects in account within 7-14 days
E - After HPs reflect in your HeyPoints manager , they are pending for 30-60 days (maybe more) depends on each supplier, until we receive the commission of the sales you generated or contributed at relevant supplier .
F - Upon HeyShare receives the commission(s) from relevant Supplier(s) , it's available instantly for redemption in your account, through the currently available Payment Services Supplier(s). Only if HeyShare receives commission from Supplier(s) with regards to sale(s) or purchase(s) of product(s)/service(s) by user(s) or customer(s) , therefore it will make it available for redemption. HeyShare will not be responsible for non-received commissions and accordingy their relevant rewards.
G - The amount you receive maybe less than amount you redeemed , due to charges from Payment Services Supplier(s), We will transfer the amount we owe you exactly from our side, but heyshare is not responsible for any deducted amounts or charges by payment services supplier(s).
H - in some cases we shall force some redeemable amounts to be withdrawn through a specific payment service supplier based on how we received the commissions from the relevant affiliate.
I - The "pending HPs" maybe less than "confirmed HPs" in cases where customers have made refunds or changed their product(s) to product(s) with lower HPs
J - In other cases, the "pending HPs" maybe more than "confirmed HPs", in cases where customers have changed their product(s) to product(s) with higher HPs
K - Your Available HPs are preserved for you in your HeyPoints Manager, for unlimited time, for redemption
L - The minimum amount for transfer is 10 USD = 10,000 HPs
M - In case there is any concern regarding calculations of HPs, you may contact HeyShare on email email@example.com , in case any miscalculation is found, You agree to hold heyshare not responsible for any miscalculation or mistakes in presentation of your HPs ,
N - if the rewards and/or HPs - redeemed or not redeemed - are to be considered as taxable income in the user’s applicable jurisdiction , its the user’s full responsibility to report these rewards and/or HPs - redeemed or not - to tax authorities, and you agree to hold HeyShare not responsible for the matter.
O - No transfers of HPs from one user account to another user account,
P - the only payment services suppliers we currently support for user to redeem HPs, is payoneer & paypal , if you are not eligible to register at any of them for any reason, you may not be able to redeem your HPs for now until we add more payment services suppliers, that may or may not suit your own case at the time. its your responsibility to check your eligibility at available payment services before using our services.
Q - You accumulate HPs (HeyPoints) when you :
- Purchase products/services.
- Generate sales from posts you created
- Generate sales from posts you shared from other users. (Note: when Generate sales from sharing other users posts, you can accumulate HPs "HeyPoints" infinitely on direct sales "users purchasing directly from you"
- Generate sales from posts you shared from other users. (Note: when Generate sales from sharing other users posts, you can accumulate HPs "HeyPoints" on INdirect sales for "users purchasing INdirectly from you" I.e purchasing from users who shared your shared post directly from you.
7. Your License to use the Site
8. LICENSE GRANTED TO YOU
By providing materials to HeyShare, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted HeyShare an irrevocable world-wide, non-exclusive, royalty-free license right in all languages and in perpetuity to use, copy, reproduce, modify and exploit all or any part of the content and materials provided by you. HeyShare may transmit, display, publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against HeyShare for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to HeyShare. Any communication or materials you send to HeyShare will be treated as non- confidential and non- proprietary and may be disseminated or used by HeyShare for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
You agree to indemnify and hold HeyShare, its suppliers, payment services suppliers, subsidiaries, affiliates, directors , officers, licensors, agents and other partners and employees, harmless from any loss, liability, claim or demand , including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms & conditions.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. HeyShare’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
If you violate these Terms & Conditions, HeyShare may terminate your use of the Site, and/or bar you from future use of the Site
These Terms are an agreement between You and HeyShare for social media shopping FZ-LLC, with its registered office at EX-13 Ground Floor, Building 07, Dubai outsource zone, Dubai, UAE. If you have any questions about these Terms, please contact us.
11. Changes in services
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you
12. Ending These Terms
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
13. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.