Terms and conditions
- (a) Account means an account registered through the Site by a User who wishes to make a direct donation, use the Volunteering services.
- (b) Member means a User who has opened an Account and includes employees participating in Workplace Giving Services and excludes a Charitable Organisation.
- (c) Organisation means an organisation whose primary purpose is to provide a charitable, not-for-profit or benevolent service to a community.
- (d) Services means any service offered on a Site.
- (e) Site means the various applications, websites & digital channels owned, licensed &/or operated by Us and/or Our third party associates on Our own behalf and on behalf of third parties from time to time, whether currently existing or developed in the future, including:
- (i) www.HelpTank.co.nz
- (ii) related social media sites, including Facebook.com, Twitter, and LinkedIn
- (iii) white labelled workplace giving sites of Participating Organisations;
- (f) Terms means these terms and conditions between you and Us.
- (g) Us, We and Our mean HelpTank.
- (h) User means a person who uses the Site.
- (i) Volunteering Services mean the advertising services offered by Us via the Site to enable Charitable Organisations to promote their volunteering opportunities or positions.
- (j) Workplace Giving Services mean the ability for personnel of Participating Organisations to make Donations or access Volunteering Services via the Participating Organisation’s customised Site.
2. ELIGIBILITY: To be eligible to become a Community Organisation or a Volunteer you must:
- (a) register as a Community Organisation or Volunteer (as applicable) by completing the Community Organisation or Volunteer application form and ticking the box that confirms you agree with to these Terms and Conditions (as applicable);
- (b) in the case of a Community Organisation:
- (i) be wholly or primarily charitable or not-for-profit, or a social enterprise; and
- (ii) warrant that you are authorised to act on behalf of the organisation when accepting these Terms;
- (iii) accept responsibility for undertaking reference checks, legal checks, police checks, working with children checks, and all other checks you require to take a Volunteer on board at the Organisation
- (iv) have the time and resources to effectively manage and guide the volunteer
- (c) in the case of an individual, be aged over 18; and
- (i) have the skills required to add value to the Organisation
- (ii) be willing to undergo reference checks, legal checks, police checks, working with children checks and all other checks as required and if necessary by the Organisation
- (iii) have the capability to complete the project within an agreed timeframe
- (iv) warrant that you are authorised by all team members to act on their behalf if applying as a group when accepting these Terms
- (v) be wholly truthful in your application that you have the skills required to complete the project
- (vi) not intend on marketing goods or services for a fee to the Organisation in lieu of offering such goods and services on a voluntary basis
- (d) be accepted by HelpTank as a Community Organisation or Volunteer (as applicable and in HelpTank’s discretion).
3. THE SITE AND YOU
- 3.1 Our role: We will aim to maintain and make available the Site to Community Organisations and Volunteers.
- 3.2 Use of Site: The Site may be used by:
- (a) a Community Organisation to post details about its Project and the Help it would like to receive; and
- (b) a Volunteer to view Projects and apply to a Community Organisation to Help with its Project.
- 3.3 Your responsibilities: As a Community Organisation or Volunteer you are responsible for:
- (a) ensuring that all information you provide on the Site, to us or to each other is accurate, complete and not misleading;
- (b) any relationship you enter into with a Community Organisation or Volunteer (as applicable) as a result of your use of the Site; and
- (c) complying with all applicable laws and regulations (including any professional requirements that relate to the Volunteer).
- 3.4 Your restrictions: You must not:
- (a) take any action that could compromise the enjoyment of use or security of any third party or could interfere with the normal operation of the Site or any of our activities;
- (b) create derivative works based upon the Site of any kind whatsoever or any software or programming related thereto; or
- (c) use the Site for any illegal, fraudulent, defamatory or objectionable purpose, or any purpose which could bring our reputation into disrepute.
4. WHAT WE DON’T DO: You acknowledge that we do not:
- 4.1 Verify accuracy: We do not verify or guarantee the accuracy of any information or statements made by or any claimed credentials, qualifications, experience or skill level of any Volunteer or Community Organisation.
- 4.2 Perform background checks: We do not carry out background or criminal checks or any other form of vetting of Volunteers, the skill of a Volunteer, or members of a Community Organisation.
- 4.3 Provide any endorsement: A Community Organisation’s use of the Site to post details about their Project does not constitute an endorsement by us of the Community Organisation or its Project. Any links on the Site to websites or contact information are provided for convenience only, and do not represent any endorsement by us or any other person of the products or services offered by the site owner or other person.
- 4.4 Provide any warranties: We give no warranties as to the performance, reliability or availability of the Site at any time. To the fullest extent permitted at law, the Site is provided without warranty of any kind, and the Consumer Guarantees Act 1993 does not apply to any use of the Site.
- 4.5 Guarantee you will find Help or be able to provide Help: We do not guarantee:
- (a) a Community Organisation will find a Volunteer or that a particular Volunteer a Community Organisation does proceed with will successfully provide the Help required;
- (b) a Volunteer who applies to Help a Community Organisation with its Project will have that Help accepted.
- 4.6 Assist with disputes: Because we are not involved in the relationship between a Community Organisation and a Volunteer, we will offer assistance with both the Community Organisation and the Volunteer (where possible), but will not accept responsibility for the outcome of the dispute between a Community Organisation and a Volunteer.
5. CONTENT AND FEEDBACK ON MEMBERS
- 5.1 Provision of Feedback: As a Volunteer or Community Organisation you may be asked to provide feedback on the Community Organisation you Helped or the Volunteer who helped your Community Organisation (as applicable) (Feedback).
- 5.2 Content of Feedback: Any Feedback you provide must be fair and accurate and not contain defamatory, derogatory, offensive or inappropriate comments or language.
- 5.3 Removal of Feedback: We may remove any feedback submitted by you that we consider does not comply with clause 5.2.
- 5.4 Adding content: If you add any content or images to the Site, you agree that:
- (a) you have the legal right to use the content/image and use of the content/image will not breach any person’s intellectual property rights;
- (b) you will not add anything that we might consider offensive, harmful, inaccurate or inappropriate; and
- (c) to the best of your knowledge, the content/image does not contain any viruses.
- 5.5 License of added content: By adding content or images to the Site, you grant us a non-exclusive, transferable, royalty-free, perpetual, worldwide and irrevocable license to use the content/image for any purpose in connection with HelpTank.
- 7.1 Your risk: If you choose to use the Site, you do so at your sole risk. You are solely liable for all activity that takes place on the Site in your name, even if you comply with these Terms and do not participate in or condone the activity. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to acts or omissions of members or third parties.
- 7.2 Exclusion of liability: In relation to the Site we will not be liable for any losses, costs, damages, expenses or liabilities of whatever nature and howsoever arising, unless they arise as a direct result of:
- (a) any material breach of these Terms by us; or
- (b) any gross negligence, wilful default, fraud, or dishonesty on our part.
- 7.3 No indirect or consequential loss: Neither of us will be liable to the other for any indirect loss or any consequential loss arising out of you using or accessing the Site.
- 7.4 Maximum liability: To the maximum extent permitted by law, our maximum aggregate liability for any loss or damage suffered or incurred by you arising in connection with your use of the Site or otherwise will be $10.00.
- 7.5 Trustee liability: The liability of the trustees of the Who Did You Help Today Trust under these Terms will be limited to the assets of that trust and the trustees will not be personally liable.
- 7.6 Indemnity: To the maximum extent permitted by law, you indemnify us for any loss we incur as a result of your use of the Site or your breach of these terms.
8. SUSPENSION/TERMINATION OF MEMBERSHIP OR ACCESS TO THE SITE
- 8.1 We may limit, suspend or cancel: We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend or cancel your HelpTank membership or your access to the Site.
- 8.2 Consequences of suspension/cancellation: If we exercise our discretion under these Terms to do suspend or cancel your HelpTank membership or your access to the Site, any or all of the following can occur with or without prior notice or explanation to you:
- (a) all rights and licences granted to you in respect of the Site will cease, and you must immediately stop using the Site;
- (b) any pending or accepted future Help for or by you will be immediately terminated (and we may communicate this to other Volunteers or Community Organisations); and
- (c) you will not be entitled to any compensation for Help cancelled as a result of a suspension, cancellation or termination of your HelpTank membership.
8.3 Cancellation: You may cancel your HelpTank Membership at any time by contacting us at firstname.lastname@example.org. If you wish to restart your membership you will have to re-register as a member in accordance with these Terms.
9. GENERAL TERMS
- 9.1 Amendment to terms: From time to time we may (in our discretion) make changes to these Terms. Those changes will take effect from the date they are made available on the Site. By continuing to use the Site after such a change you agree to comply with, and be bound by, the amended Terms. If you do not agree to any such change you must stop using the Site immediately.
- 9.2 Availability: The Site is intended to be available for use at all times, but certain users will not have access to all of the functions of the Site and, from time to time, we may change the availability or functions of the Site, without telling you, including for maintenance, operational and technical reasons. The quality and availability of the Site may be affected by factors outside our reasonable control.
- 9.3 Reporting misconduct: If during your interactions with any other member, you feel that the member is acting or has acted inappropriately you should immediately report that member to us by contacting us at email@example.com.
- 9.4 No waiver: Any failure by Us to enforce any provision in these Terms does not constitute a waiver of that provision.
- 9.5 Invalidity: If at any time any provision of these Terms is or becomes invalid or unenforceable in any respect, then, to the extent of that provision is invalid or unenforceable that provision will be severed from the remaining which will continue to apply with full effect.
- 9.6 Entire agreement: These Terms constitute the entire agreement between the parties relating to the subject matter of these terms.
- 9.7 Governing Law: These Terms are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand Courts.