COLLABORATE TERMS AND CONDITIONS
1.1 Community Organisation means an organisation whose primary purpose is to provide a social, charitable, not-for-profit or benevolent service to a community.
1.2 Site means the various applications, websites and digital channels owned, licensed and/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 but not limited to:
(a) http://www.letscollaborate.co.nz; and
(b) related social media sites, including Facebook, Instagram, Twitter, and LinkedIn.
1.3 Terms means these terms and conditions between you and Us.
1.4 Us, We and Our mean Collaborate.
1.5 Volunteer means an individual who has created an account profile on the Site.
1.6 Volunteering Opportunity means a volunteering role advertised by Us via the Site.
2.1 To be eligible to use the Site as a Community Organisation you must:
(a) register as a Community Organisation and read and agree to these Terms;
(b) be wholly or primarily charitable or not-for-profit, or a social enterprise;
(c) warrant that you are authorised to act on behalf of the organisation when accepting these Terms;
(d) 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 Community Organisation;
(e) provide Us with information about how many hours a Volunteer has volunteered for you and whether you would like to endorse them for any skills that they have shown when volunteering;
(f) have the time and resources to effectively manage and guide the volunteer; and
(g) be accepted by Collaborate as a Community Organisation (in Collaborate’s discretion).
2.2 To be eligible to become a Volunteer you must:
(a) be aged over 13;
(b) have the skills required to add value to the Community Organisation;
(c) 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 Community Organisation;
(d) have the capability to complete the volunteering opportunity that you agree to;
(e) be wholly truthful in your application that you have the skills required for the volunteering opportunity;
(f) be accepted by Collaborate as a Volunteer (in Collaborate’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 volunteering opportunities and endorse Volunteers for the time they have spent volunteering and the skills they have shown when volunteering; and
(b) a Volunteer to view volunteering opportunities and express an interest to a Community Organisation to volunteer for a volunteering opportunity, and view and edit their profile.
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 ENDORSING VOLUNTEERS’ TIME AND SKILLS
4.1 As a Community Organisation you agree to provide information to Us, when requested, information as to how many hours a Volunteer has spent volunteering and whether you would like to endorse them for skills they have shown when volunteering. This information will be displayed on the Volunteer’s profile.
5 WHAT WE DON’T DO: You acknowledge that we do not:
5.1 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.
5.2 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.
5.3 Provide any endorsement: A Community Organisation’s use of the Site to post details about their volunteering opportunity does not constitute an endorsement by us of the Community Organisation or its volunteering opportunity. 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.
5.4 Provide any warranties: We give no warranties as to the performance, reliability or availability of the Site at any time.
5.5 Guarantee you will find volunteers: 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 assistance required;
(b) a Volunteer who applies to assist a Community Organisation with its volunteering opportunity will have that assistance accepted.
5.6 Assist with disputes: Because we are not involved in the relationship between a Community Organisation and a Volunteer, we will not assist with disputes between a Community Organisation and a Volunteer.
6.1 Provision of Feedback: As a Volunteer or Community Organisation you may be asked to provide feedback on the Community Organisation you volunteered for or the Volunteer who helped your Community Organisation (as applicable) (Feedback).
6.2 Content of Feedback: Any Feedback you provide must be fair and accurate and not contain defamatory, derogatory, offensive or inappropriate comments or language.
6.3 Removal of Feedback: We may remove any feedback submitted by you that we consider does not comply with clause 6.2.
7.1 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.
7.2 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 Collaborate.
9 LIABILITY AND RISK
9.1 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.
9.2 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.
9.3 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.
9.4 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.
10 SUSPENSION/TERMINATION OF ACCESS TO THE SITE
10.1 We may limit, suspend or cancel: We may, in our discretion and without liability to you, with or without prior notice and at any time, decide to limit, suspend or cancel your Collaborate account or your access to the Site, for any breach of these Terms or for any other justifiable reason.
10.2 Consequences of suspension/cancellation: If we exercise our discretion under these Terms to do suspend or cancel 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 volunteering 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 volunteering cancelled as a result of a suspension, cancellation or termination of your access to the Site.
10.3 Cancellation: You may cancel your Collaborate account at any time by contacting us at email@example.com. If you wish to create a new account you will need to do so in accordance with these Terms.
11 GENERAL TERMS
11.1 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.
11.2 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.
11.3 Reporting misconduct: If during your interactions with any other Volunteer or Community Organisation, you feel that the Volunteer or Community Organisation is acting or has acted inappropriately you should immediately report that Volunteer or Community Organisation to us by contacting us at firstname.lastname@example.org
11.4 No waiver: Any failure by Us to enforce any provision in these Terms does not constitute a waiver of that provision.
11.5 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.
11.6 Entire agreement: These Terms constitute the entire agreement between the parties relating to the subject matter of these terms.
11.7 Governing Law: These Terms are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand Courts.