Please read these HELENA ASSOCIATES LIMITED Terms of Use (“terms of use”) carefully. These Terms of Use govern your access to and use of this website or application (collectively, the “Site”), including, without limitation, all information, services and other content provided on this Site, any web property or email address provided by this Site, and/or each independent Associate account, and your purchase and/or use of any Helena Associates Limited products, goods or services (collectively, the “Offerings”). By accepting these Terms of Use, you agree that: (1) you have read and agree to be bound by these Terms of Use; and (2) these Terms of Use constitute a binding agreement between you and Helena Associates Limited and its affiliates (“Helena Associates Limited”, “We” or “Us”). If you do not agree to these terms of use, you are not permitted to access or use the Site.

ARBITRATION NOTICE: These Terms of Use contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details. 

1. Eligibility

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not use this Site if you are under 13 years of age.

Helena Associates Limited products and business opportunities cannot be offered, shipped into or sold in any country not authorized by Helena Associates Limited. For a list of authorized countries.

2. Helena Associates Limited

Helena Associates Limited® products and services are made available through Helena Associates Limited’s network of associates (“Independent Associates”). You may purchase Helena Associates Limited® products or services from an Independent Associate  or by becoming an Helena Associates Limited associate. If you are interested in purchasing products from an Associate or becoming a Director, please see the Product Section of the Site. If you are interested in starting your own business as an Helena Associates Limited Associate or Director, please see the Business Opportunity section of the Site.

3. Privacy Policy

Please click here to view our Privacy Policy, which applies to personal information collected about you on the Site. By accepting these Terms of Use and otherwise using the Site, you acknowledge and that you have reviewed our Privacy Policy and agree that, among other things, we and our service providers may use session replay/screen capture technology to collect on a real-time basis information on how you use and navigate the Site.

4. Modifications

Helena Associates Limited reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your acceptance of the updated version of the Terms of Use will constitute your acceptance of any modifications and updates made by Helena Associates Limited. 

5. Your Account

You may be required to create an account with Helena Associates Limited (“Account”) in order to access certain content and services on the Site. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site or your Site issued email account using your name in whole or in part. If you create an Account, you agree to accept responsibility for all activities that occur under your Account, email or password, if any. Helena Associates Limited may terminate your Account and suspend your use of the Site for any reason or no reason, without prior notice to you, including but not limited to if Helena Associates Limited suspects that your Account is being used in an unauthorized manner. Upon termination of your membership, or access to the Site, or upon demand by Helena Associates Limited, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.

6. Refund Policies

Helena Associates Limited guarantees the quality of any product which carries the Helena Associates Limited name and certifies that the products manufactured for Helena Associates Limited meet high standards of freshness and purity for your use. If you are a retail Associate or Director, we are confident that you will find our products satisfactory in every way. However, if for any reason, you are not satisfied with any Helena Associates Limited product purchased directly from https://helenaassociates.com or our Associate / Director, you may return it within 30 days from the receipted dated of purchase for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at Helena Associates Limited.com or by calling +2348033017419 or by contacting your Helena Associates Limited Associate or Director. This guarantee is limited as it is subject to the terms of any specific warranty(ies) attached to or packaged together with certain products. This guarantee does not apply to any product intentionally damaged or misused.

If you are an Associate or Director is canceled for any reason, you may return all unopened products that were purchased within the 12 months prior to the date of cancellation for a full refund. To obtain a refund, Associate or Director may call Helena Associates Limited at +2348033017419 or submit the refund form available at [email protected]

7. Product and Service Images and Descriptions

We try to describe and display the features of all of the Offerings shown on the Site as accurately as possible. However, we do not warrant that all Offering descriptions, photographs, pricing or other information on the Site is accurate, complete, current or entirely error-free. We may make changes to the Site at any time and without notice. The colors you see will depend on your monitor. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. 

8. Site Content

The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Helena Associates Limited on the Site (collectively, the “Site Content”) are the sole property of Helena Associates Limited, its affiliates or their licensors and are protected by copyright and other laws, both in the Nigeria and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Helena Associates Limited. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, Helena Associates Limited does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Helena Associates Limited, its affiliates and their licensors.

9. Third-Party Services

The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with Helena Associates Limited. The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and Helena Associates Limited makes no representations or warranties regarding any such third-party website, app or service. If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.

This Site may contain sweepstakes, contests or other promotions (collectively “Promotions”) that require you to submit material or personal information. Please note that Promotions offered through the Site may be governed by additional or separate terms, conditions or policies that, in addition to describing such Promotion(s), may have eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used or otherwise processed. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations: (i) to determine your eligibility to participate; and (ii) for the purchase or use of any product or service under such Promotion(s). By entering any such Promotion, you agree to comply and abide by such rules and the decisions of the sponsor(s) identified therein shall be final and binding in all respects. In the event of any conflict between these Terms of Use and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, programs, promotions, or other offers, as may be further explained in such terms, conditions or policies.

10. Pricing

All Offering features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to restrict or cancel any purchase; and to refuse any order made by you. Certain Offerings are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a particular product that you may order. The prices applicable to your order will be those in place on the date the order was placed. In the event a product or service is listed at an incorrect price due to a typographical or other error, We shall have the right to cancel any orders for Offerings listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are subject to change, and do not reflect any applicable taxes.

11.    Orders and Payment

You authorize Us to charge the credit or debit card (or other payment method accepted by Us on the Site) provided by you for all purchases made through the Site through your Account, plus applicable taxes and fees. You represent that you have the legal right to use any credit or debit card or other payment method provided by you and accepted by Us. When you place an order, we reserve the right to request authorization for up to 100% of the order total. During the payment authorization process, your payment method is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be processed. If you fail to pay any fees or charges when due (including the fees and charges as stated above, as well as fees and charges for returned checks, electronic payment rejection, restocking fees, or damages arising from fraudulent use), we may charge such amount directly to the payment method you designate through the Site for payment of your order. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your payment method will be charged for your order on the day your order is placed. All orders placed through the Site are subject to our acceptance. We may require verification of information prior to the acceptance and/or fulfilment of any order. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund, subject to Section 3.

12. Digital Millennium Copyright Act

Helena Associates Limited endeavours to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by e-mail at [email protected]

13.User Material

The Site may contain forums, bulletin boards, chat rooms, message boards, discussion groups or other public and/or interactive forums through which users of the Site (“Users”) may submit or post content, including but not limited to reviews, comments, ideas, photos and other information (collectively, “User Material”). While Helena Associates Limited does not normally review or monitor submissions of User Material, Helena Associates Limited reserves the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms of Use or is otherwise objectionable, as determined by Helena Associates Limited in its sole discretion. Helena Associates Limited assumes no liability in connection with your use of any User Material published on the Site, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material. In addition, we may delete, move, edit or disclose User Material when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our Users or the public. In no event do we assume any obligation to monitor the User Material or remove any specific User Material. 

To the extent you submit any content to the Site, Helena Associates Limited cannot and does not guarantee that your User Material will not be misused by other Users. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account. 

You grant to Helena Associates Limited a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Site in any media. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Helena Associates Limited, and to authorize Helena Associates Limited to use such User Material in the manner contemplated by these Terms of Use. You acknowledge that Helena Associates Limited has no obligation to keep any User Material you submit to the Site confidential.

Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Site - that information may be accessible to other users of the Site or may be made public. Please do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available. 

14. Acceptable Use Policy

You agree that you will not post or submit any User Material or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, stalking, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, false, tortious, disparaging, invasive of privacy, is otherwise injurious to third parties or promotes violence, racial hatred, terrorism or illegal acts; (2) is or could be detrimental to or which otherwise may dimmish, damage or weaken our reputation, image, products, Associate, trademarks, tradenames or goodwill; (3) frames, mirrors or deep links any part of the Site or Offerings without Helena Associates Limited’s prior written consent; (4) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (5) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (6) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (7) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (8) attempts to or disguises the origin of any User Material posted to the Site; (9) implies Helena Associates Limited’s endorsement of your content; (10) restricts or interferes with any other User’s ability to use or enjoy the Site, as determined by Helena Associates Limited in its sole discretion; (11) tampers with postings, registration information, profiles, submissions or content of other users; (11) uses any robot, spider, scraper or other automated means or interface not provided by Helena Associates Limited to access the Site; (12) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (13) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (14) violates any applicable local, state, federal or international law, rule or regulation or any contractual or fiduciary relationships; (15) violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by Helena Associates Limited; (16) suggests that participating as an Associate or Director will result in a lavish lifestyle, including the following or any substantially similar images: opulent mansions, private helicopters, jets, yachts or exotic automobiles; (17) links to any page within the Site from any web site or web page that makes any claim as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us; or (18) collects or harvest the information of any User or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers). Helena Associates Limited reserves the right to suspend or terminate your access to the Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.

When using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity: (a) any content that violates the Acceptable Use Policy set forth in this Section; (b) any non-public information about any company; (c) any trade secret; or (d) any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device. Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING HELENA ASSOCIATES LIMITED’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY. The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Helena Associates Limited and/or its Offerings is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. Helena Associates Limited prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.

15. Warranty Disclaimer

The site and its content are provided on an "as is" and “as available” basis. Helena Associates Limited makes no representations or warranties of any kind regarding: (1) the site content, including but not limited to (a) the accuracy, completeness, security, availability or timeliness of the site content, or (b) the results obtained or to be obtained from the site content; or (2) the absence of any malware or other harmful code on the site or within any site content. Helena Associates Limited, its affiliates and licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. 

Certain jurisdictions do not allow limitations on implied warranties, and accordingly, the limitations in this section may not apply to you. If you are a consumer, any statutory rights that cannot be waived by you are unaffected by this section. 

16. Limitation of Liability

To the maximum extent permitted by law, in no event shall Helena Associates Limited or any of its affiliates be liable to you in connection with these terms of use, whether in contract, negligence or other theory of liability: (a) for any, punitive, incidental, special or consequential damages, or for any loss of revenue, good will, use, data or other intangible losses that result from: (i) the use of or inability to use the site; (ii) the cost of procurement of substitute offerings resulting from any goods, data, information or services purchased or obtained, messages received, or transactions entered into through or from the site; or (iii) any unauthorized access to or alteration of your transmissions or data on the site, even if an authorized representative of Helena Associates Limited has been advised of or should have known of the possibility of such damages.

Notwithstanding anything to the contrary herein, Helena Associates Limited and its affiliates and suppliers are not responsible for any delays or failures due to catastrophic weather conditions, labor shortages, or other extraordinary elements of nature or ACTS OF GOD, acts of war, terrorism or the common enemy, computer viruses or other computer attacks, internet or utility failures, regulatory acts, insurrection, riots, delay or failures of any public networks, shortages of labor or products, civil disorder, labor strikes, or any other events outside of our control. 

Without limiting the foregoing, if Helena Associates Limited is found liable to you or to any third party as a result of any claims or other matters arising out of or in connection with the site or these terms of use, the maximum liability of Helena Associates Limited for all of those claims and other matters will not exceed N500, even if this remedy fails of its essential purpose.

The laws of some jurisdictions may not allow the exclusions or limitations of liability set forth in this section, in which case our liability to you under or in connection with these terms of use in such jurisdictions shall be limited to the maximum extent permitted by the applicable jurisdiction.

17. Indemnity

You agree to indemnify, defend and hold harmless Helena Associates Limited and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to: (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site. Helena Associates Limited reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.

18. Nigeria Law

We operate the Site from Nigeria. Site Content may not be appropriate or available for use in other locations, and access to this Site from locations where Site Content may be illegal is prohibited. If you choose to access or use the Site or any Offerings from locations outside of the Nigeria, you are responsible for compliance with the applicable local laws.

All software used on the Site or Offerings is subject to Nigeria export controls. The software nor the Offerings may be downloaded or otherwise exported or re-exported: (i) into, or to a national or resident of: Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods (collectively, the “Unauthorized Countries”); or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any Unauthorized Country, or on any such list.

We reserve the right, in our sole discretion, to limit the availability of the Site or Offerings to any person, geographic area or jurisdiction at any time.

19. Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed by the domestic laws of Nigeria, without giving effect to any choice of law or conflict of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.

20. General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and Helena Associates Limited relating to the subject matter herein.

21. Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and Helena Associates Limited may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

22. How To Contact Us

If you have any questions about these Terms of Use, the Site or any Offerings, please contact Helena Associates Limited at +2348033017419.