TERMS OF SERVICE

VALID FROM [March 2020]

  1. GENERAL INFORMATION

  1. These Terms of Service (the “Terms of Service”) apply to the Pray Service and all associated services (collectively, the “Service(s)”) provided by Company (as defined below), its subsidiaries, and affiliates. The Services are the property of Company and its licensors. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. BY AGREEING TO THESE TERMS OF SERVICE, YOU DECLARE THAT YOU ARE AT LEAST 16 YEARS OLD. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.

  2. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Company grants you a personal, non-exclusive, non-transferable, limited privilege to use the Services.

  3. The Services offered by the Company are exclusively aimed at natural persons or consumers.

  4. By using the Services, you agree to these Terms of Service.

  5. By clicking on the applicable offer you are providing your unambiguous affirmative consent, freely given to subscribe to the Service(s) and you expressly demand immediate performance of the Services being offered by Company, and confirm you have carefully read, understand and agree to these Terms of Service and the Company’s Privacy Policy.

  1. INFORMATION ABOUT THE COMPANY

Company is:
GM Europe Limited
4 V.Dimech Street, Floriana, FRN 1504, Malta
Company register: Floriana, Malta; Company number C 97607 Telephone: 087 056 9284
E-Mail: pray@helpu.io

Company may operate certain aspects of the Service through one or more affiliated companies in the Company Group.

(hereinafter “Company,” “us,” or “we”)

  1. INFORMATION ABOUT THE SERVICE

  1. The Service is a subscription portal providing subscribers access to a large collection of Pray Audio and Reading Library.

  2. The Service is designed for use on mobile devices with a valid SIM card.

  3. The Service is compatible with Android and iOS (for mobile devices). You understand that the entire library provided by the Service may not be available on all devices and operating systems. Your ability to access the library may depend on, among other things, your device, operating system, and network capacity and conditions.Company reserves the right to change Content and Content options (including eligibility for particular features) without notice.

  4. To subscribe to the Service, touch, press, or click the applicable offer and confirmation button (e.g., “Accept,” “Buy Now,” “Confirm,” or the like, depending on the applicable offer and jurisdiction). After confirmation, you will be redirected to the portal. The Service can only be used on mobile phones.

  5. The price of the Service is as set forth in the applicable offer and/or at the applicable landing page agreed to and accepted by you. All prices are in ZAR and include the applicable statutory value added tax. The subscription fee will be charged on a daily basis on your mobile phone invoice and will be debited from your account. The first day is free of charge and with unlimited access.

  6. The subscription to the Service is unlimited, subject to the applicable terms of the offer you agree to, and therefore runs for an indefinite period until it is cancelled.

  7. The contract can be terminated by both parties with immediate effect on any day of subscription. Subscriptions can be terminated in writing, for example by e-mail. We reserve the right to cancel the registration of any user at any time. In this case we will refund all fees already paid for the respective day of subscription or will not renew the registration after the end of the day of subscription. If a user is unable or refuses to pay for the Service, or attempts to obtain a refund for any Service provided, we reserve the right to terminate the user’s access to the Service without prejudice to our other rights. Any request for reimbursement of the daily fees must be submitted to us and may only be viewed by us. If a user is reimbursed by his mobile operator, his mobile internet service provider and by us for the same period of Service, the user agrees to reimburse us double the reimbursement by reimbursing us the additional amount which is higher than the amount he received from his mobile operator or mobile internet service provider.

  8. You may cancel your Subscription at any time. In order to cancel your subscription, you may send an SMS with text Stop/Cancel/End/Quit to 49944. You can also cancel your subscription by contacting our customer support by phone at 087 056 9284 or by email atpray@helpu.io

  1. ACCOUNTS AND PASSWORDS

To use some of the Services, you may be required to create an account. Any information submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs in your account. You should keep your password confidential and notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, with or without notice, and in such case, you may not reopen an account without our express written permission.

  1. DATA PROTECTION

  1. BY USING OUR SERVICE, YOU GIVE YOUR EXPRESS CONSENT THAT YOUR PERSONAL DATA, IN PARTICULAR YOUR MOBILE NUMBER WILL BE PROCESSED FOR THE PURPOSE OF PROVIDING THE SERVICE AND TRANSMITTED TO YOUR MOBILE SERVICE PROVIDER (EITHER DIRECTLY OR THROUGH OUR TECHNICAL PAYMENT SERVICE PROVIDER) FOR THE PURPOSE OF BILLING VIA YOUR MOBILE PHONE BILL.

FURTHER INFORMATION ON DATA PROCESSING & THE RIGHTS TO WHICH YOU ARE ENTITLED CAN BE FOUND IN OUR DATA PROTECTION DECLARATION.

  1. We use cookies to allow you to log in to your account, save your preferences, and access secure areas of the Service. You consent to our cookies and use of related information as described in our privacy policy if you continue to use our Service. We may store cookies on your device if they are strictly necessary for the operation of this site; we will not store any other types of cookies on your device without permission. Necessary cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function optimally without these cookies. You can find more information about cookies at: www.allaboutcookies.org

  2. You can revoke the consent given concerning cookies or other provisions of these Terms of Service at any time in writing (e-mail topray@helpu.io), subject to our right to terminate the Service as set forth herein.

  1. TERMINATION; BREACH

We may terminate your ability to use the Services at any time for any reason or no reason, with or without notice. Additionally, your rights to use the Services (including all licenses) will terminate immediately if you breach any of the Terms of Service. Upon termination for any reason or at Company’s earlier request, you will immediately delete any data, apps, or other materials you have obtained by using the Services and you will immediately cease use of the Services.

  1. YOUR USE OF THE SITE

  1. You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Company reserves the right to bar any such activity.

  2. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Company server, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.

  3. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Company, including any account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.

  4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Company’s systems or networks, or any systems or networks connected to the Services or to Company.

  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  7. You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

  8. In addition, you may not do any of the following:

  • sell, resell, redistribute, or sublicense the Services or otherwise charge third parties for access to the Services;

  • reverse engineer, decompile, disassemble, modify or adapt the Services, merge any Company software into another program, or create derivative works of the Services;

  • upload any user content (defined below) that:

    • is illegal, defamatory, libelous, deceptive, fraudulent, obscene, or offensive;

    • is not relevant, accurate, or representative of your knowledge of a place;

    • contains software viruses or other code designed to disrupt our systems or the systems of any third parties; or

    • violates any third-party rights or agreement.

  • take any action that interferes or may interfere with any Services, including but not limited to:

    • deleting any copyright or proprietary notices;

    • creating user accounts by automated means;

    • impersonating any person or entity; or using the Services for any illegal purpose.

  1. SERVICE MODIFICATIONS AND AVAILABILITY, FEES

  1. Company reserves the right to modify or discontinue any or all of the Services at any time, for any or no reason, with or without notice. We may also schedule system downtime and unplanned system outages may occur.

  2. Company reserves the right to charge fees for any or all of the Services. In such case, the fees will be disclosed to you before the fees take effect. If you do not agree to such charges, simply discontinue your use of the Services. If you continue using the relevant Services after the fees take effect, you have agreed to the fees.

  1. PRIVACY

When you use the Services, you are subject to Company’s Privacy Policy. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services or Company may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. PROPRIETARY RIGHTS AND TRADEMARK

All Company trademarks, service marks, logos, and trade names (“Marks”) are owned solely by Company. All third-party trademarks, service marks, logos, and trade names are the property of their respective owners and their use within the Services is not meant to convey any relationship with or endorsement by such third parties. Except as expressly authorized by Company, you may not use or display any mark, name, trade name, or logo appearing within the Services without the owner’s prior consent or other legal authorization.

  1. CONTENT

  1. All text, graphics, material, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained or otherwise displayed in or on the Services is owned, controlled ,or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

  2. Except as expressly provided in these Terms of Service, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Company‘s express prior written consent.

  3. You may use information on the Services or Company‘s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Company for downloading, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such Information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

  1. DISCLAIMER, NO WARRANTIES

The Services are provided as-is and as available. Company and its shareholders, subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors (“Company Entities”) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Among other things, the Company Entities make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the information that may be obtained from the Services will be accurate or reliable.

The Company is not responsible for the conduct of any user of the Services. The Company is not responsible for any unintentional error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication with other users. The Company shall have no liability whatsoever for the unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages. Under no circumstances shall the Company be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the Services or anything downloaded or received from the Services. Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Company or for death or personal injury arising from any negligence or fraud of Company.

  1. LIMITATIONS OF LIABILITY

In no event shall the Company be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to the Services or your use of the Services, even if the Company Entities have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company Entities’ liability to you for any damages arising from or related to the Services or your use of the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amounts you have paid to Company for the Services, if any. You acknowledge and agree that if you have not paid any subscription fees for the Service during such time period, your sole remedy for any dispute is to stop using the Service and to cancel your account/subscription. This limitation of liability inures to the benefit of any successor to the Company Entities and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

  1. INDEMNITY

By using the service, you agree to indemnify, defend, and hold harmless the Company Entities from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) arising from or related to your use of the Services, your violation of any applicable laws or regulations, your breach of any of these Terms of Service, or any action taken by the Company as part of its investigation of a suspected violation of these Terms of Service, or as a result of its finding or decision that a violation of these Terms of Service has occurred. This means that you cannot sue or recover any damages from Company or any Company Entities as a result of its decision to remove or refuse to process or provide any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Company’s conclusion that a violation of these Terms of Service has occurred. The waiver provision and this indemnity provision apply to all violations described in, resulting from, or contemplated by these Terms of Service and/or your use of the Service.

  1. VIOLATIONS OF TERMS OF SERVICE

  1. Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company‘s rights or property, or the rights or property of visitors to or users of the Service, including Company‘s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

  2. You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Service, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Service, and the public.

  3. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

  4. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Service, or (4) unexpected technical issues or problems.

  5. If Company does take any legal action against you as a result of your violation of these Terms of Service, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of these Terms of Service.

  1. VOID WHERE PROHIBITED

Although the Service may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside certain geographic locations. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services from outside the applicable geographic location, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

The Service is operated by Company from its offices in the United States and Europe. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. No Company employee or agent has the authority to vary these Terms of Service.

  1. WAIVER

Company’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if made explicitly, in writing and signed by Company.

  1. RELATIONSHIP OF THE PARTIES

These Terms of Service do not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. These Terms of Service are solely between you and Company and are not for the benefit of any third party.

  1. GOVERNING LAW AND JURISDICTION, ARBITRATION

These Terms of Service are governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You are responsible for complying with all applicable local laws, both within and outside the United States, including laws that would require you not to use the Services. Any action arising under or related to these Terms of Service will be resolved by arbitration (and the parties hereby consent to personal jurisdiction) in Los Angeles County, California, in accord with the Commercial Dispute Resolution Procedures of the American Arbitration Association and, in the case of injunctive or provisional relief, the Rules for Emergency Measures of Protection. The arbitration will be decided by a single arbitrator whose decision will be final and binding and may be enforced in any court of competent jurisdiction. The prevailing party is entitled to reasonable attorneys’ fees and costs. The arbitration will be kept confidential except as required by law. Any claims arising under or related to these Terms of Service must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

  1. MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered through the Services, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Company with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counteroffers to these Terms of Service, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.

Company provides access to Company‘s international data and, therefore, may contain references or cross references to Company‘s products, programs and services that are not announced in your country. Such reference does not imply that Company in your country intends to announce such products, programs or services.

Company may send you notice with respect to the Service by sending an SMS or other message to your mobile device used to subscribe to the Service. Notices shall become effective immediately. 

Company reserves the right to take steps Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service. You agree that Company has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service (including but not limited to Company’s right to cooperate with any legal process relating to your use of the Service, and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party's rights).

  1. ENTIRE AGREEMENT

These Terms of Service (including all relevant additional terms) are the entire agreement between you and Company relating to the subject matter herein and cannot be modified except in a writing signed by both parties, or by a change made by Company as set forth above.

  1. REQUESTS AND COMPLAINTS

  1. Any questions and complaints about the Service can be directed to:

Tel. : 087 056 9284

E-Mail:pray@helpu.io

  1. If you have a question or concern about the Service, please have your mobile phone number ready or let us know. We cannot process your request without your mobile phone number.



The information contained in these Terms of Service is subject to change without notice. Company reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of the Service will be deemed acceptance thereof.

Copyright © 2020 GM EUROPE LTD. All rights reserved.