The terms and conditions set forth below ("Terms") govern your use of this site on the worldwide web. These Terms are a legal contract between you and HeyCarson ("we", "us", "our", or "HeyCarson") and govern your access to, and use of, HeyCarson's website located at the URL:https://www.heycarson.com as well as all associated sites linked to https://www.heycarson.com by HeyCarson, its subsidiaries, and its affiliated companies, together with the services available through this site ("Site"). If you do not agree with any of these Terms, do not access or otherwise use this Site, any services available through this Site or any information contained on this Site. By creating an account with us or by using and visiting our Site, you agree to be bound by these Terms and you indicate your continued acceptance of these Terms.
HeyCarson offers services for customizing websites. We connect website and business owners ("Users") who need to update their existing websites or other coding services, with web developers ("Developers") who are able to make these updates for Users through our internal dashboard ("HeyCarson Dashboard") located at the URL https://dashboard.heycarson.com/ ("Services").
Users who have a registered account with us can submit a request for website updates ("Project") through the HeyCarson Dashboard and we will assign a Developer to work on your Project. A Project estimation will be provided in the form of a number of tasks, where each task shall take no longer than 1 hour in length and which will be scoped at HeyCarson's discretion. By submitting a Project, you agree and acknowledge that you have the authority to authorize HeyCarson and/or the assigned Developers to access your website in order to perform our Services.
Unless otherwise explicitly stated herein, Users agree that any Project submitted to HeyCarson is provided on a non-proprietary and non-confidential basis. Unless the User marks a Project as private, the Project will be treated as public and certain details about that Project, including but not limited to a description of the work, the cost of the work, the URL for your website and your company name, will be published on the Site, making it viewable by visitors of the Site and searchable in search engines. For an additional fee, a User may designate a Project as private, to which HeyCarson will require the assigned Developer to treat the non-public information it receives in relation to the Project as confidential and disclosure shall be prohibited unless disclosure is otherwise required to complete the Project or is required by law.
As a condition for engaging our Services, you agree that:
HeyCarson reserves the right to reject any Project that it deems out of its scope, and this includes but is not limited to, issues with communicating the job.
If you wish to use our Services, you must register an account with us on our Site. To register an account, you must submit your email address and password as your login details. Users must ensure that their login details, in particular their password, are kept confidential and secure at all times to prevent any unauthorized use by third parties.
Users shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than with appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Users are responsible for all activities that occur using your password. Users are recommended not to share your password, let anyone else access your password or do anything else that might jeopardize the security of your password. Users may change, correct or remove any information from your account by logging into your account directly and making the desired changes to your account profile or reaching out to us for assistance at [email protected]
If a User suspects or becomes aware of any unauthorized use of HeyCarson account and/or any other breach of security of their HeyCarson account, the User shall notify HeyCarson immediately without undue delay. If the User is responsible for the unauthorized use of his/her HeyCarson account (i.e. due to his/her own negligence), he/she shall be liable for all consequences of use by a third party.
To aid us in providing Users with a customized experience, Users may be asked to provide additional information during the registration process, such as a website URL and a brief on what work they want to be performed on their website. Once a User has submitted his or her account registration information, a HeyCarson administrator shall have, at its sole discretion, the right to approve or reject the requested registration.
By engaging our Services, Users agree to supply us with the appropriate login credentials for their website and to grant Developers temporary access to their website to complete their Project(s).
We will only share your login credentials with the assigned Developer(s). Developers are prohibited from sharing or publishing these log-in credentials and from using your log-in credentials for any purpose other than to complete your Project. After the Project is completed, Users are recommended to update their login credentials.
Notwithstanding the above, Users agree and acknowledge that they are, at all times, responsible for having adequate security in place on their website. HeyCarson will not be liable to any User for any loss or damage arising from User's failure to comply with the above requirements, including your failure to have in place adequate website security, or for any other User website vulnerabilities. If a User suspects or becomes aware of any breach of security of the User's website, the User shall notify HeyCarson immediately without undue delay.
All Users agree and acknowledge that they will maintain backups of their website theme, and that they will not alter the theme settings or code while their Project is active and in progress on the HeyCarson Dashboard.
HeyCarson makes an honest effort to duplicate and maintain backups within each store's themes panel, however, it is at the User's own risk to delete them. It is mandatory that HeyCarson backups are kept in order to remain eligible for any of our guaranteed fixes as referred to in Clause 9 herein. HeyCarson cannot and will not be liable for any loss of data to any User who fails to comply with this provision.
HeyCarson will provide Users an estimated delivery time for all Projects. However, HeyCarson does not guarantee to Users that the Project will be completed within the estimated time. Any estimates provided by us concerning the completion of a Project are provided as a courtesy and are not binding.
Certain Projects may be eligible to be submitted as "Express Projects", which will be charged an additional "Express Fee". Eligibility to submit a Project as an "Express Project" is at HeyCarson's sole discretion.
HeyCarson will provide an estimated delivery time for all Express Projects and will do its best to ensure that the delivery time is met. However, HeyCarson does not guarantee that an Express Project will be completed within the stated delivery time. If an Express Project is not completed within the stated delivery time, HeyCarson will refund to User the amount of the Express Fee. For the avoidance of doubt, the refund herein only applies to Express Fee.
HeyCarson provides content and its Services through the Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (collectively the "Site Materials") that are not Submissions (as defined below in Clause 12) are provided to you by HeyCarson and are the copyrighted and/or trademarked works of HeyCarson or its contributors.
HeyCarson grants you a limited, personal, non-exclusive, non-transferable, and non-assignable license to use and to display and to make one copy of the Site Materials and to use the services and this Site. Except for the license set forth in Clause 6.1 above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Site Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Site Materials.
Once a User submits a Project request, HeyCarson will provide the User with a fee quote based on the estimated number of hours required to complete the requested Project. By accepting the fee quote, you agree to HeyCarson charging you accordingly for its Services, including any taxes, and for HeyCarson to assign your Project to one or more Developers for completion.
While HeyCarson endeavors to provide accurate fee quotes at the outset of a Project, additional information or requests regarding the scope of the Project may necessitate and result in us splitting the Project into two and more Projects, which may increase the estimated price. If so, HeyCarson will, as soon as reasonably possible, inform Users of any increases to the fee quote, and if the User declines to pay for the increased cost, HeyCarson, in its discretion, may:
If there is a failure by the User to pay on time, or if HeyCarson is unable to charge the User's credit card, PayPal or other payment method, HeyCarson has the right to reject the User's Project, suspend or terminate the Services, and restrict the User's access to the Site and account. You are expressly agreeing that HeyCarson is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If the User has a balance due on any account, HeyCarson will be entitled charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Depending on how you've engaged our Services, namely, whether by way of (i) Per Project payment, (ii) PRO Support pack, (iii) PLUS Support pack, or (iv) one of our superseded plans, the following refund options may be available to the User:
All projects are subject to 30-day money back guarantee.
HeyCarson offers a 100% satisfaction guarantee. Users who are not satisfied with the outcome of a Project ("Outcome") may notify HeyCarson at [email protected], within the timeframe set forth below:
If a User notifies HeyCarson that it is not satisfied with the Outcome, in accordance with the timeframe set forth above, HeyCarson may, at its own discretion, either reopen the Project and rectify the situation or issue the User a refund in accordance with the refund policy set forth in Clause 8.1. However, HeyCarson will not provide the User any refund of the Project fee if the User has failed to notify HeyCarson at [email protected]or the live chat on the Site that they are not satisfied with the Outcome within the thirty (30) day period under Clause 8.2(ii).
Once you have notified us that you are not satisfied with the Outcome, and we have chosen to rectify the Project, we will take steps to address your complaints about the Outcome, including by asking the Developer who completed the work, or in our discretion, a different Developer, to address your complaints regarding the Outcome. However, if after our attempts to address your complaints, you are still not satisfied with the Outcome, HeyCarson will issue you a full refund, and may, at its discretion, reverse or rollback, the work conducted pursuant to the Project and restore your website to its original condition before the Project was initiated.
If you register with us under a "Beta Account" or other pre-release version of the Site, the Services and Site Materials ("Beta Release"), you ("Beta User") acknowledge and agree that the Beta Release may contain, in HeyCarson' sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or the Services. You further acknowledge and agree that any "Beta Account" will automatically convert to a commercial release version account upon the launch date of the Site and the Services to the public ("Public Launch Date").
By using the Site and/or our Services, you consent to receiving electronic communications from HeyCarson. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with HeyCarson. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Site may contain links to third party sites and or pages that will allow you to interact and/or conduct transactions with such third party sites. If you decide to access any of these third party sites, you agree and acknowledge that you do so at your own risk. HeyCarson does not verify, make any representations, or assume any responsibility for such third party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third party sites. These Terms shall not cover your interaction or usage of any third party sites.
You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, software and other content or material that you, either through yourself or a third party associated with your account, submit, upload, post or otherwise make available on or through your website (each a "Submission"), and that you, and not HeyCarson, have full responsibility for each such Submission, including its legality, reliability, appropriateness, and trademark and copyright ownership (and the burden of determining whether any material is protected by any such right or is otherwise illegal or inappropriate is on you).
You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made available on or through your Site. You expressly acknowledge that you are fully responsible for any Submission that you make or cause to be made available on or through your Site, in connection with any Project.
As a condition to your use of the Site and/or your engagement of our Services, you agree not to, without limitation:
The list of prohibitions above are only examples and are not meant to be complete or exhaustive.
HeyCarson reserves the right to suspend or terminate your account, its Services, and your use of the Site if your account is used to engage in any unlawful and prohibited activity listed under Clause 13.1 above, or for any conduct that HeyCarson determines to be inappropriate or disruptive to this Site or its Services, with or without notice to you.
HeyCarson may report to law enforcement authorities any actions that may be illegal, or if it receives reports of such conduct. When legally required or at HeyCarson's discretion, HeyCarson will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
HeyCarson™ is a registered trademark of HeyCarson in Canada. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole intellectual property of HeyCarson. All rights under applicable laws are hereby expressly reserved. Except with the express permission of HeyCarson, any distribution, modification, retransmission, or publication of any copyrighted material belonging to HeyCarson is strictly prohibited.
Nothing in these Terms creates a relationship of agent and principal, partners, joint venturers or employer–employee between you and HeyCarson, or between you and any Developer, and no act or obligation of either party will in any way bind the other.
Neither the Site Materials nor Submissions, nor any Project information, have been verified or authenticated in whole or in part by HeyCarson, and they may include inaccuracies or typographical or other errors. HeyCarson does not warrant the accuracy or timeliness of the Site Materials or Submissions. HeyCarson has no liability for any errors or omissions in the Site Materials and/or Submissions, whether provided by HeyCarson or our licensors.
HeyCarson, for itself and its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees makes no express, implied or statutory representations, warranties, or guarantees in connection with this Site and the Services, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Site, including without limitation the Site Materials or Submissions on this Site. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Site, the Services, Site Materials, Submissions, and any information or material contained or presented on this site is provided to you on an "as is," "as available" and "where-is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. HeyCarson does not provide any warranties against viruses, spyware or malware that may be installed on your computer.
You agree and acknowledge that your use of this Site and/or our Services is at your own risk. To the extent permitted by law, the HeyCarson, its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees, will not be liable to you for damages, direct or indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) arising out of or in connection with your use of this Site and/or our Services.
Notwithstanding the foregoing, if HeyCarson, its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees are found to be liable to you or any other party for any damage or loss arising out of or in connection with these Terms, your use of the Site, and/or our Services, to the extent permitted by law, the total cumulative liability of HeyCarson, its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assignees shall in no event exceed the greater of: (a) an amount equal to the fees paid by you to HeyCarson for your our Services; or (b) the sum of US$100 (one hundred United States dollars).
You agree to indemnify, defend and hold harmless, HeyCarson, its affiliates and service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against any and all claims or liability, including costs and legal fees, arising from or in connection with your violation of these Terms, your use of the Site and/or your engagement of our Services.
In the event that there are third party claims against you for which you may seek damages from us under this Terms, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
HeyCarson makes no representation that the Site and its contents are appropriate or available for use in any jurisdiction. You agree that you shall obey all federal, state, and local laws, regulations and rules that apply when you use the Site and/or our Services.
We do not guarantee uninterrupted, continued, or secure access to the Site. Part of the Site may be unexpectedly unavailable for whatever duration, and for various reasons that may include system malfunctions and disruption, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Site is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Site for any reason whatsoever. We reserve the right to take any part or all of the Site offline for various reasons including but not limited to system maintenance or upgrading.
If you send or transmit any communications, comments, questions, suggestions, or related materials to HeyCarson, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, and the Services offered through the Site or Site Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and HeyCarson is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that HeyCarson is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
If you breach these Terms, HeyCarson may terminate and/or suspend your access to the Site without notice. HeyCarson prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by HeyCarson, may result in immediate termination of your access to this Site and the services available through the Site.
Notwithstanding Clause 22.1 above, HeyCarson may opt to give you notice of your inappropriate behavior instead and to recommend the necessary corrective action. For the avoidance of doubt, this is at HeyCarson's sole discretion, and HeyCarson is not required to give you prior notice of any termination of your account, your access to the Site, and the Services.
HeyCarson may, also in its sole discretion, and at any time discontinue providing access to the Site, the Site Materials and its Services, or any part thereof, with or without notice. You agree that any termination of your access to your account, the Site, the Site Materials and its Services, under any provision of the Terms, may be effected without prior notice to you.
The intellectual property, disclaimer of warranties, limitation of liability, indemnities, governing law and dispute resolution clauses shall survive any termination of these Terms.
If any provision or part-provision of these Terms becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
We may modify or amend these Terms at any time without notice to reflect the changes, with or without cause.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
These Terms constitutes the entire Terms herein and supersedes all prior or contemporaneous oral or written agreements.
These Terms and any dispute or claim arising out of or in connection with its subject matter and/or formation shall be governed by and construed with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of, or in connection with these Terms, or its subject matter and/or its formation, including but not limited to, disputes about the validity, scope or enforceability of these Terms to arbitration ("Disputes") shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the Hong Kong International Arbitration Center (HKIAC). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or HeyCarson pending the completion of arbitration.
Notwithstanding Clause 28.2 above, you or HeyCarson may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies to be initiated at the Small Claims Tribunal, or (ii) you opt-out of these arbitration procedures within thirty (30) days from the date that you first consent to this agreement ("Opt-Out Deadline"). Your written notification must include (i) your name, (ii) your address, and (iii) a clear statement that you do not wish to resolve disputes with HeyCarson through arbitration. Your decision to opt-out of arbitration will have no adverse effect on your relationship with HeyCarson.Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration (or Small Claims Tribunal as designated above).
For all Disputes, whether pursued in court or arbitration, you must first give HeyCarson an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Swift Commerce Limited, 2A, 17/F, Glenealy Tower, No1 Glenealy, Central, HKG. That written notification must include (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If HeyCarson does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in accordance with this Clause 28.
Where permitted by law, you and HeyCarson agree that any cause of action arising out of or in connection with your use of the Site, and the services available through the Site, or any Site Materials must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
For the purpose of this Provision, "HeyCarson" means HeyCarson and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.
If you have any questions about these Terms or otherwise need to contact HeyCarson for any reason, you can reach us at [email protected].