A Helping Hand terms of use
A Helping Hand is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of A Helping Hand.
Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.
By using this service, you acknowledge the follow terms and agree to refrain from violating any laws.
1. Introduction
1.1 Welcome to A Helping Hand (Community). These terms govern your use of the website and its associated services.
1.2 The Website is an online platform where registered community organisations (the ‘Agency’) can list the needs of individuals who they assist in the community. Individuals and businesses (the “Donors”) can then offer to fulfil a need or donate their own service, skill, product or opportunity.
1.3 You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the website.
1.4 If you are accessing the website as an Agency, you agree to these Terms of Service both personally and on behalf of your registered organisation and its authorised representative. If you are not authorised to accept these Terms of Service on behalf of your Agency, you must not submit a request to fulfil a need or access donated items on the website.
1.5 These Terms of Service may change or be updated from time to time. A Helping Hand will post updates to the Terms of Service on the website. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the website and its associated services from the date we post the revised version on the website.
2. Donation of Items or Services
Donating an item or volunteering to fulfil a need, or provide a product, skill, service or opportunity to assist those in need (“Donation”).
2.1 You make your Donation to the Agency, not to A Helping Hand. We introduce Donors to Agencies to help fulfil the needs of the people they help to support (“Recipients”). Following your Donation to the Agency, the Agency will be responsible for all Donations and their fulfilment.
2.2 A Helping Hand will not pursue Donors for uncollected Donations. It is the responsibility of the Agency to contact any Donors who have pledged a Donation and its fulfillment.
2.3 Items that are donated should be in good condition and any damage (including normal wear and tear) should be specified when listing. If you wouldn’t use the item in your own household do not donate it to someone else’s.
2.4 Businesses and Organisations may donate a specified number of items per month, on an ongoing or one off basis. If this is the case, it is your responsibility to keep track of how many items you have donated and communicate with the Agency regarding an item’s availability.
Changes to and cancellations of Donations
2.5 The Agency may cancel or refund a Donation at any time at their discretion and for any reason. They may only do this outside the Website.
2.6 If you disagree with how an Agency has used your Donation, you should raise this with the Agency, not with us.
2.7 A Helping Hand takes no responsibility for the acts, omissions and communications of Users and Donors in promoting or engaging with the Agency, or not.
Tax deductions and receipts
2.8 In some cases donations made to an Agency will be tax deductible, but in other cases the donation may not be tax deductible.
2.9 It is your responsibility to confirm whether an Agency has the appropriate legal status to allow you to claim a tax deduction. It is also your responsibility to determine whether any perks received in exchange for your donation will prevent you from claiming your donation as a tax deduction.
2.10 You agree that A Helping Hand will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation.
3. Obligations for Donors
3.1 You acknowledge that you will not be provided with information about a Recipient and will not be permitted to deliver an Item directly to a Recipient, or otherwise have direct contact with a Recipient. This is to protect the anonymity, safety and dignity of both you and the Recipient.
3.2 You acknowledge an Agency may refuse to collect or take delivery of an Item that is unsafe, not in reasonable condition, or not suitable for the purpose for which the Item is intended to be used.
3.3 When an Item is delivered to or collected by a Support Organisation, the Item becomes the property of the Support Organisation.
4. Terms for the Agency listing needs
4.1 Once you have registered as an Agency you are responsible for:
a) identifying and listing needs of local community members involved with your organisation; ensuring they are genuine, practical and in the best interests of your client and community.
b) facilitating communication between the Donor for the fulfilment of the need.
Submitting a Need
4.2 Agencies agree to the following:
a) When you submit a Need for listing on the Website, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of your Agency.
b) You will not list for monetary donation unless it is explicitly to fill an opportunity for the Recipient or to purchase a needed item.
c) You will provide an update of the status of the Need. Notifying A Helping Hand once it is fulfilled.
4.3 You will comply with, and hold and use any information you hold about Donors in accordance with, the terms of the A Helping Hand Privacy Policy [ahelpinghand.com.au], the Privacy Act 1988 and all relevant Privacy and Spam legislation in your jurisdiction. In particular, you must not to contact Volunteer/Donors for marketing or promotional purposes unless you have their consent to do so;
a) Should the purchase price of a need or opportunity be less than the donation that you will use those funds to purchase other needed items.
b) You will only utilise donated funds, items or opportunities for those in need and will not utilise funds donated for Recipients for any other purpose.
c) A Helping Hand and the website do not accept any responsibility for any need not being fulfilled.
Delivery and collection of Items
4.4 You are responsible for collecting or accepting delivery of Items from Donors, and delivering them to Recipients. Items are not permitted to be delivered by the Donor directly to the Recipient. This is to protect the anonymity, safety and dignity of both the Donor and Recipient.
4.5 To protect the anonymity, safety and dignity of both the Donor and the Recipient, you must take reasonable steps to ensure the Donor of an Item does not know or find out the identity of the Recipient of that Item, and vice versa.
Services
4.6 When you request a Service, you must:
a) Ensure there is a safe working environment for the Donor and comply with any workplace health and safety laws applicable to the provision of the Service.
b) Take reasonable steps to avoid foreseeable harm, injury or loss to any person in connection with the Services.
c) Satisfy yourself that the Donor has any required licences, qualifications and insurance to provide the Service.
d) Organise the provision of the Service, including directing and supervising the Donor in the provision of the Service.
e) You are responsible for negotiating, entering and performing any contact with the Donor for the provision of the Service. We will not be a party to the contract.
f) You acknowledge that, where the Donor is a volunteer, the Donor might not be liable for civil liability arising from the provision of the Service, and such liability might automatically transfer to you as the community organisation that organised the Service.
g) If the Service is to be provided directly to a Recipient, you must obtain the Recipient's consent to disclose any of their personal information, including residential address, to the Donor.
5. Disputes between Donors and Agencies
Where a Donor and an Agency are in dispute, they are responsible for resolving the dispute including all costs associated with doing so. We may endeavour to assist the parties to resolve the dispute, but we have no obligation to do so and no obligation to be involved in the dispute in any way at all.
6. Disclaimer and exclusion of liability
6.1 We are not responsible for Needed Items or Services. Agencies are responsible for checking Items prior to collecting or accepting delivery of them. We make no representation and give no warranty, guarantee or assurance about Items or Services, including that Items and Services will be as described by a Donor, suitable for any specified purpose or their intended purpose, of merchantable quality, compliant with any applicable laws or standards, that Items come with full title and ownership or that Services will be performed with due care and skill and within a reasonable time. We exclude all liability for loss or damage of any kind, including personal injury or death, caused by Items or Services or the persons providing them, or the use of Items or Services.
6.2 We are not responsible for the actions of Agencies or Donors. We make no representation and give no warranty, guarantee or assurance about the truth or accuracy of any information provided by Agencies or Donors, including the experience or qualifications of Donors or their ability to give any Item or perform any Service offered. We expect Agencies and Donors to comply with these terms, but we are not responsible if they do not. We exclude all liability for loss or damage of any kind caused by the acts or omissions of Agencies or Donors, including any act or omission that is contrary to these terms, negligent, defamatory, illegal or infringes the rights of another person.
6.3 Our Website, apps or any other means by which we provide A Helping Hand might not be available at all times and might not be free from errors. We exclude all liability arising from the unavailability of A Helping Hand or our website, apps or others means.
6.4 We exclude liability for any loss or damage which is incidental, consequential, special, exemplary, punitive or indirect.
6.5 Any term, condition or warranty which would otherwise be implied into this agreement is excluded.
6.6 To the extent our liability cannot be excluded, our liability to you for breach of these terms, or in tort (including negligence) or for any other common law or statutory cause of action is limited to $100.
6.7 The exclusions and limitations in this section 6 operate for the benefit of A Helping Hand and its employees, agents, officers or directors, and to the maximum extent permitted by law.
7. Terms for All Users
Use of the Website
7.1 You must be 18 years or older to register with A Helping Hand and to use the website and its associated service.
Governing Law
7.2 These Terms of Service are governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
1. Introduction
1.1 Welcome to A Helping Hand (Community). These terms govern your use of the website and its associated services.
1.2 The Website is an online platform where registered community organisations (the ‘Agency’) can list the needs of individuals who they assist in the community. Individuals and businesses (the “Donors”) can then offer to fulfil a need or donate their own service, skill, product or opportunity.
1.3 You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the website.
1.4 If you are accessing the website as an Agency, you agree to these Terms of Service both personally and on behalf of your registered organisation and its authorised representative. If you are not authorised to accept these Terms of Service on behalf of your Agency, you must not submit a request to fulfil a need or access donated items on the website.
1.5 These Terms of Service may change or be updated from time to time. A Helping Hand will post updates to the Terms of Service on the website. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the website and its associated services from the date we post the revised version on the website.
2. Donation of Items or Services
Donating an item or volunteering to fulfil a need, or provide a product, skill, service or opportunity to assist those in need (“Donation”).
2.1 You make your Donation to the Agency, not to A Helping Hand. We introduce Donors to Agencies to help fulfil the needs of the people they help to support (“Recipients”). Following your Donation to the Agency, the Agency will be responsible for all Donations and their fulfilment.
2.2 A Helping Hand will not pursue Donors for uncollected Donations. It is the responsibility of the Agency to contact any Donors who have pledged a Donation and its fulfillment.
2.3 Items that are donated should be in good condition and any damage (including normal wear and tear) should be specified when listing. If you wouldn’t use the item in your own household do not donate it to someone else’s.
2.4 Businesses and Organisations may donate a specified number of items per month, on an ongoing or one off basis. If this is the case, it is your responsibility to keep track of how many items you have donated and communicate with the Agency regarding an item’s availability.
Changes to and cancellations of Donations
2.5 The Agency may cancel or refund a Donation at any time at their discretion and for any reason. They may only do this outside the Website.
2.6 If you disagree with how an Agency has used your Donation, you should raise this with the Agency, not with us.
2.7 A Helping Hand takes no responsibility for the acts, omissions and communications of Users and Donors in promoting or engaging with the Agency, or not.
Tax deductions and receipts
2.8 In some cases donations made to an Agency will be tax deductible, but in other cases the donation may not be tax deductible.
2.9 It is your responsibility to confirm whether an Agency has the appropriate legal status to allow you to claim a tax deduction. It is also your responsibility to determine whether any perks received in exchange for your donation will prevent you from claiming your donation as a tax deduction.
2.10 You agree that A Helping Hand will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation.
3. Obligations for Donors
3.1 You acknowledge that you will not be provided with information about a Recipient and will not be permitted to deliver an Item directly to a Recipient, or otherwise have direct contact with a Recipient. This is to protect the anonymity, safety and dignity of both you and the Recipient.
3.2 You acknowledge an Agency may refuse to collect or take delivery of an Item that is unsafe, not in reasonable condition, or not suitable for the purpose for which the Item is intended to be used.
3.3 When an Item is delivered to or collected by a Support Organisation, the Item becomes the property of the Support Organisation.
4. Terms for the Agency listing needs
4.1 Once you have registered as an Agency you are responsible for:
a) identifying and listing needs of local community members involved with your organisation; ensuring they are genuine, practical and in the best interests of your client and community.
b) facilitating communication between the Donor for the fulfilment of the need.
Submitting a Need
4.2 Agencies agree to the following:
a) When you submit a Need for listing on the Website, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of your Agency.
b) You will not list for monetary donation unless it is explicitly to fill an opportunity for the Recipient or to purchase a needed item.
c) You will provide an update of the status of the Need. Notifying A Helping Hand once it is fulfilled.
4.3 You will comply with, and hold and use any information you hold about Donors in accordance with, the terms of the A Helping Hand Privacy Policy [ahelpinghand.com.au], the Privacy Act 1988 and all relevant Privacy and Spam legislation in your jurisdiction. In particular, you must not to contact Volunteer/Donors for marketing or promotional purposes unless you have their consent to do so;
a) Should the purchase price of a need or opportunity be less than the donation that you will use those funds to purchase other needed items.
b) You will only utilise donated funds, items or opportunities for those in need and will not utilise funds donated for Recipients for any other purpose.
c) A Helping Hand and the website do not accept any responsibility for any need not being fulfilled.
Delivery and collection of Items
4.4 You are responsible for collecting or accepting delivery of Items from Donors, and delivering them to Recipients. Items are not permitted to be delivered by the Donor directly to the Recipient. This is to protect the anonymity, safety and dignity of both the Donor and Recipient.
4.5 To protect the anonymity, safety and dignity of both the Donor and the Recipient, you must take reasonable steps to ensure the Donor of an Item does not know or find out the identity of the Recipient of that Item, and vice versa.
Services
4.6 When you request a Service, you must:
a) Ensure there is a safe working environment for the Donor and comply with any workplace health and safety laws applicable to the provision of the Service.
b) Take reasonable steps to avoid foreseeable harm, injury or loss to any person in connection with the Services.
c) Satisfy yourself that the Donor has any required licences, qualifications and insurance to provide the Service.
d) Organise the provision of the Service, including directing and supervising the Donor in the provision of the Service.
e) You are responsible for negotiating, entering and performing any contact with the Donor for the provision of the Service. We will not be a party to the contract.
f) You acknowledge that, where the Donor is a volunteer, the Donor might not be liable for civil liability arising from the provision of the Service, and such liability might automatically transfer to you as the community organisation that organised the Service.
g) If the Service is to be provided directly to a Recipient, you must obtain the Recipient's consent to disclose any of their personal information, including residential address, to the Donor.
5. Disputes between Donors and Agencies
Where a Donor and an Agency are in dispute, they are responsible for resolving the dispute including all costs associated with doing so. We may endeavour to assist the parties to resolve the dispute, but we have no obligation to do so and no obligation to be involved in the dispute in any way at all.
6. Disclaimer and exclusion of liability
6.1 We are not responsible for Needed Items or Services. Agencies are responsible for checking Items prior to collecting or accepting delivery of them. We make no representation and give no warranty, guarantee or assurance about Items or Services, including that Items and Services will be as described by a Donor, suitable for any specified purpose or their intended purpose, of merchantable quality, compliant with any applicable laws or standards, that Items come with full title and ownership or that Services will be performed with due care and skill and within a reasonable time. We exclude all liability for loss or damage of any kind, including personal injury or death, caused by Items or Services or the persons providing them, or the use of Items or Services.
6.2 We are not responsible for the actions of Agencies or Donors. We make no representation and give no warranty, guarantee or assurance about the truth or accuracy of any information provided by Agencies or Donors, including the experience or qualifications of Donors or their ability to give any Item or perform any Service offered. We expect Agencies and Donors to comply with these terms, but we are not responsible if they do not. We exclude all liability for loss or damage of any kind caused by the acts or omissions of Agencies or Donors, including any act or omission that is contrary to these terms, negligent, defamatory, illegal or infringes the rights of another person.
6.3 Our Website, apps or any other means by which we provide A Helping Hand might not be available at all times and might not be free from errors. We exclude all liability arising from the unavailability of A Helping Hand or our website, apps or others means.
6.4 We exclude liability for any loss or damage which is incidental, consequential, special, exemplary, punitive or indirect.
6.5 Any term, condition or warranty which would otherwise be implied into this agreement is excluded.
6.6 To the extent our liability cannot be excluded, our liability to you for breach of these terms, or in tort (including negligence) or for any other common law or statutory cause of action is limited to $100.
6.7 The exclusions and limitations in this section 6 operate for the benefit of A Helping Hand and its employees, agents, officers or directors, and to the maximum extent permitted by law.
7. Terms for All Users
Use of the Website
7.1 You must be 18 years or older to register with A Helping Hand and to use the website and its associated service.
Governing Law
7.2 These Terms of Service are governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.