Terms and Conditions

Last updated October 21, 2022

1. TERMS AND CONDITIONS OF USE

By clicking the box to agree to these Terms and Conditions, you agree to enter into a legally binding agreement made between you, whether personally or on behalf of an entity ("you", “Buyer”), and Helium 2 Rent Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the Helium 2 Rent website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Visitors who use information contained on the Site or make decisions based on such information do so at their own risk. These Terms and Conditions of Use may not be modified, supplemented, or qualified except in writing signed by you and Helium 2 Rent. The failure by Helium 2 Rent to enforce at any time any of the provisions in these Terms and Conditions of Use will in no way be construed as a waiver of such provisions.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement with such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. ORDERS

Buyer will submit orders for products and services through Helium 2 Rent’s online ordering system located at the uniform resource locator https://rent.helium2rent.com. These Terms apply to all orders for products and services rendered by Helium 2 Rent. Upon ordering, you agree to pick up the items for your order within 30 (thirty) days, or be subject to a cancellation of your order and a refund of your money including a 20 percent restocking fee.

3. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice.

4. RENTAL AGREEMENT

For rent orders, the period of hire is 5 days, or up to 8 days if the partner store is closed on the return dates. Orders must be picked up within 30 (thirty) days of ordering, or be subject to a cancellation of your order and a refund of your money including a 20 percent restocking fee. The period of hire commences when the equipment passes from the possession of Helium 2 Rent or its authorized representative to you, and the payment by you or your representative or purported representative shall be conclusive proof of the acceptance of these Term and Conditions of hire. The period of hire shall continue until possession of the equipment passes back to Helium 2 Rent or its authorized representative but without prejudice to any outstanding obligations of the Buyer which under the provisions of these Terms continue notwithstanding the return of the equipment to Helium 2 Rent.

Failure to return the tanks and/or regulators to Helium 2 Rent or its authorized representative within or at the end of the period of hire shall result in the Buyer paying to Helium 2 Rent $50 USD per diem for the first two consecutive days. On the third day after the period of hire has ended and the equipment on hire has not been returned to Helium 2 Rent or its authorized representative, the Buyer will be charged the current retail purchase price of the equipment on hire. After the full amount of monies is received by Helium 2 Rent the ownership of the equipment on hire shall be transferred from Helium 2 Rent to Buyer. You authorize us to charge your provided card for any late fees, unreturned item fees, or damaged item fees that may apply.

The equipment on hire shall remain the absolute property of Helium 2 Rent. It is the responsibility of the Buyer to satisfy himself that upon receival of the equipment it is in good working order in an undamaged condition and the helium tank is at the appropriate pressure to constitute a full tank. Buyer’s possession of the helium tank and regulator shall be conclusive evidence that the Buyer has received the equipment in good working order and undamaged condition. Helium 2 Rent will not be responsible for any defects or deficiencies in the equipment after Buyer accepts the equipment and leaves the store. Helium 2 Rent does not warrant that the equipment is suitable for the particular or any purpose for which it is or may be required.

The Buyer shall not permit children 17 years or younger to operate the equipment. The Buyer shall not take or permit to be taken the equipment out of the State of Texas nor use or permit it to be used for any abnormal or hazardous assignments without the prior written consent of Helium 2 Rent.

Throughout the period of hire the Buyer shall be responsible for the safe keeping of the equipment and shall be liable to Helium 2 Rent for all loss of or damage to the equipment howsoever caused. The Buyer shall not carry out any repairs to damaged equipment without prior written authority of Helium 2 Rent.

5. PURCHASES AND PAYMENT

The forms of payment we accept are Visa; Mastercard; American Express; and Discover.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All prices presented on this site are subject to change at any time and without notice. All payments shall be in USD. You agree to pay all charges then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. You also authorize us to charge the card you provided if and when any late fee, unreturned item fee, or damaged product fee may apply. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per order.

6. REFUNDS

Helium 2 Rent has a general no refund policy, but may investigate and deal with situations and their respective orders on a “case by case” basis at our discretion. All refunds are subject to a restocking fee which is 20 percent of the relevant order total. In the event that Helium 2 Rent is at fault, no restocking fee will apply.

7. USE OF PRODUCT

The products contain helium gas which may be harmful if misused. Due care should be exercised with all gaseous products to prevent direct human contact. Such products are not intended for human consumption. Buyer acknowledges that products may not have been tested for safety and efficacy in commercial or any other use. Helium 2 Rent and its representatives will provide a Helium safety data sheet (“SDS”) if asked. All safety and operation instructions listed at https://www.helium2rent.com/operation-safety shall be followed, failure to do so renders Helium 2 Rent and its representatives free of liability for the results thereof.

8. USER DATA

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Policy and Cookie Policy located at https://www.helium2rent.com/privacy-policy and https://www.helium2rent.com/cookie-policy respectively.

9. WARRANTIES AND DISCLAIMERS

All information appearing on our Site is provided “as-is” and without warranties of any kind with respect to its correctness, accuracy, reliability, or otherwise. Helium 2 Rent provides no warranty on regulators purchased through us. Helium 2 Rent does not warrant that operation of our Site will be uninterrupted or free from errors, that defects will be corrected, or that our Site and its servers are free of viruses or other harmful components. Users who utilize information contained on our Site and make decisions based on such information do so at their own risk.

10. LIMITATION OF LIABILITY

In no event will we or our directors, employees, agents, or representatives, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lose profit, lost revenue, loss of data, or other damages arising from your use of our products or of our Site, even if we have been advised of the possibility of such damages. Helium 2 Rent’s liability with respect to any product or service sold hereunder shall in no event exceed the price paid by you for such product or service.

11. INDEMNITY

You agree to indemnify, defend, and hold harmless Helium 2 Rent and its employees, agents, and directors, from any suits, losses, claims, demands, liabilities, costs and expenses that Helium 2 Rent may sustain or incur arising from (a) your use of the products (including without limitation, storage, handling, and transportation of products); (b) use of the products by a third party with your authorization; (c) use of the products by a third party without your authorization, where such unauthorized use is due to your negligent act or omission, or willful misconduct; (d) your failure to comply with any applicable laws and regulations, or (e) your breach of any of the obligations set forth in these Terms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. ELECTRONIC COMMUNICATION

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. By inputting your information and ordering, you agree to receive text messages pertaining to your orders, you can stop these messages anytime by replying “STOP”. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

13. TRADEMARKS

The Site contains many Company and third-party trademarks and service marks. Each mark is the property of the company that owns it and may not be used without the consent of such company. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are hereby reserved by Company. Access to the Site does not constitute a right to copy or use any intellectual property of Company or its suppliers. Statutory notices contained on the Site represent trademark status in the United States.

14. COPYRIGHT

All content contained on the Site, such as text, graphics, logos, images, video clips, data compilations, and software, is the property of Helium 2 Rent or its affiliated companies and protected by Unites States and international copyright laws. Helium 2 Rent hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Helium 2 Rent’s products. You agree that any copy made must include Helium 2 Rent’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, publicly display, alter, or modify the content contained herein.

15. GENERAL

These terms constitute the entire agreement between you and Helium 2 Rent and supersede all prior communications, representations, and agreements, whether written or oral, between you and Helium 2 Rent with respect to the subject matter hereof. Helium 2 Rent reserves the right to modify any services, products, or information contained on our Site without prior notice to you. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by you and Helium 2 Rent. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.