Terms and conditions
Welcome to HelpTank. The HelpTank website (Site) is provided by Who Did You Help Today Trust, a registered charitable trust (HelpTank, we or us).
The Site is a platform to connect not-for-profit community organisations, social enterprises and other persons with charitable or social objectives (Community Organisations) with skilled volunteers (Volunteers) who can provide their skill, service and time (Help) to assist Community Organisations with for their particular projects (Projects).
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 (as applicable);
- (b) in the case of a Community Organisation:
(i)be wholly or primarily charitable or not-for-profit, or a social enterprise; or
(ii)be a person with charitable or social objectives in relation to their Project;
- (c) where you personally are not the Community Organisation, you warrant that you are authorised to act on behalf of the relevant organisation when accepting these Terms;
- (d) in the case of an individual Volunteer or Community Organisation, be aged over 18; and
- (e) be accepted by HelpTank as a Community Organisation or Volunteer (as applicable and in HelpTank’s discretion).
2. THE SITE AND YOU
- 2.1 Our role: We will aim to maintain and make available the Site to Community Organisations and Volunteers.
- 2.2 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.
- 2.3 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).
- 2.4 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.
3. WHAT WE DON’T DO:
- 3.1 Provide Help: We do not provide Help, professional or personal services, nor do we offer volunteering or employment opportunities.
- 3.2 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.
- 3.3 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.
- 3.4 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.
- 3.5 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.
- 3.6 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.
- 3.7 Assist with disputes: Because we are not involved in the relationship between a Community Organisation and a Volunteer, we do not offer to assist with or otherwise become involved in any dispute between a Community Organisation and a Volunteer.
- 4.1 Acknowledgements and responsibilities: As a Community Organisation or Volunteer you acknowledge that:
- (a) a Volunteer will Help a Community Organisation in the Volunteer’s personal capacity and not as a representative of us or the Volunteer’s employer;
- (b) you as a Community Organisation or Volunteer (as applicable) will co-operate, consult and co-ordinate with each other and any other PCBU (as that term is defined in the Health and Safety at Work Act 2015) to ensure, to the extent reasonably practicable, the health and safety of all persons involved with the Help and, to the maximum extent permitted by law, you will each be responsible for and comply with your health and safety obligations at law; and
- (c) you are responsible for relying on your own judgement when choosing whether to Help or to act on any advice or suggestions given by a Community Organisation or Volunteer (as applicable).
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 Feedback may be seen by others: If you are a:
- (a) Volunteer, you consent to us making Feedback provided about you available to any Community Organisation you apply to Help;
- (b) Community Organisation, you consent to us including Feedback provided about You on the Site so that it can be viewed by potential Volunteers.
- 5.5 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.
- 5.6 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 Employer liability: As the Volunteer will be working for you as a Community Organisation in the Volunteer’s personal capacity and not as a representative of the Volunteer’s employer, to the extent permitted by law, you agree that the Volunteer’s employer will not be liable for any costs, loss or damage arising directly or indirectly from or in connection with the Help.
- 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 email@example.com. 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 firstname.lastname@example.org.
- 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.