Voluntarily.nz (Voluntarily) is an online platform that connects people (Help seekers) seeking assistance, information or advice (Help) with volunteers (Volunteers) offering Help.
Voluntarily is an initiative by the Pam Fergusson Charitable Trust (PFCT, we, our, or us) with support from Datacom, The Ministry of Education, Auckland Tourism, Events and Economic Development (ATEED), Spark Foundation, NZ Government Innovation Fund and many leading NZ corporates.
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website: (a) you agree to these Terms; and (b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We make no warranty or representation, express or implied, as to continuity of service. We reserve the right to suspend, terminate or otherwise alter access to some or all of the Website or its services at any time and without notice. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 25 March 2020.
In these Terms:
including, and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal Information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 ABOUT VOLUNTARILY
4.1 Voluntarily is an online platform that connects people looking for Help with assistance and with information and advice of a general guidance nature provided by Volunteers.
4.2 We are not a service provider, professional advisor, recruitment agency or volunteer placement agency.
4.3 We do not undertake to monitor or verify the identity or character of any Help seeker or Volunteer, or the qualifications, experience or skill level of, or any information or advice provided by, any Volunteer.
4.4 Use of the Website by any Help seeker to ask for Help, or by any Volunteer to offer Help, does not constitute an endorsement or recommendation by us of the Help seeker or Volunteer.
4.5 Volunteers provide Help on a purely voluntary, personal basis. Neither Volunteers nor their employers are service providers or professional advisors to the Help seeker, unless separately agreed.
4.6 We are not liable to you for any failure by any Website user (including any Help seeker or Volunteer) to comply with these Terms or any other legal obligation. Any interaction between you and another Website user (including any Help seeker or Volunteer), including any dispute that may arise between you and another Website user (including any Help seeker or Volunteer), is a matter directly between you and them only.
4.7 The Website may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features.
5 YOUR OBLIGATIONS
5.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
5.2 If you are given a User ID, you must keep your User ID secure, not permit any other person to use your User ID, including not disclosing or providing it to any other person; and immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [email protected].
5.3 You must: (a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and (b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [email protected].
5.5 To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5.6 Help seekers and Volunteers must 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 any Help. To the maximum extent permitted by law, Help seekers and Volunteers are each responsible for and must comply with their respective health and safety obligations at law.
5.7 Help seekers must rely on their own judgement when choosing to accept any Help from a Volunteer or to act on any information or advice given by a Volunteer.
5.8 Volunteers must rely on their own judgement when choosing whether to provide any Help to a Help seeker.
6 INTELLECTUAL PROPERTY
6.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.2 Except as set out below, we own the intellectual property rights in all materials displayed or available on the Website (Content) unless otherwise stated. Unless otherwise stated you may copy textual Content for your own non-commercial use provided you retain and display any copyright notice applying to the Content. No Content may be reproduced or distributed in any media without our written approval . To request approval, email your request to [email protected].
6.3 If any Content on this Website is owned by anyone other than us, the rights in respect of that material will be as defined by the owner of the material concerned. The licence set out in clause 6.2 above does not apply to third party Content.
6.4 The following organisations may link to the Website and Content on the Website without prior written approval:
a) government agencies;
b) organisations that have been accepted as Help partners;
c) search engines;
d) news organisations;
e) online directory distributors when they list us in their directory in the same manner as they hyperlink to the websites of other listed businesses; and
f) Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to the Website.
a) publish such material in any media and in any format, including, on this or any other website, in hard copy publications, in email notifications or alerts, in web feeds; and
b) sub-license such material for re-use by others on the same terms as the licence you’ve granted to us.
6.6 If your contributions to the Website include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material and to grant the licence referred to in, and on the terms of, clause 6.5 above.
7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: (a) the Website being unavailable (in whole or in part) or performing slowly; (b) any error in, or omission from, any information made available through the Website; or (c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.3 We and our Volunteers try to ensure the information on the Website is accurate and current, but neither we, nor any Volunteer or Volunteers' employer, accept liability for any error or omission it may contain. All warranties expressed or implied as to the accuracy or completeness of the information on the Website are excluded to the extent permitted by law.
7.4 To the extent permitted by law, no Volunteer or Volunteers’ employer has any liability or responsibility to you or any other person for any Loss in connection with any Help provided by a Volunteer, including any error in, or omission from, any information or advice made available through the Website or by a Volunteer.
7.5 Links on the Website may lead to other websites, and some information on the Website may be provided by third parties. We accept no responsibility for the currency or accuracy of such information. You should verify it with those parties directly.
7.6 The information contained on the Website is subject to change without notice.
8.1 To the maximum extent permitted by law: (a) you access and use the Website and any Help at your own risk; and (b) neither we, nor any Help seeker, Volunteer or Volunteers’ employer, are liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website or your access and use of (or inability to access or use) the Website or any Help. This exclusion applies regardless of whether our or the Help seeker’s, Volunteer’s or Volunteers’ employer’s liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10. To the extent any Help seeker’s, Volunteer’s or Volunteers’ employer’s liability cannot be excluded but can be limited, their liability is limited to NZD10.
8.3 To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 above do not apply: (a) our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website or any Help, must not exceed NZD10; and (b) any Help seeker’s, Volunteer’s or Volunteers’ employer’s total liability to you under or in connection with these Terms, or in connection with any Help provided by a Volunteer, must not exceed NZD10.
You are not required to provide Personal Information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website or Help available to you. For example, we may need to have your contact information in order to allow you to request or volunteer Help through the Website or to provide you with updates from the Website.
10 SUSPENSION AND TERMINATION
10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4, 5.5, 6, 7, 8 and 10, continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. Without limiting the previous sentence, the parties agree to contract out of sections 9, 12A, and 13 of the New Zealand Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 11.6.
11.7 You acknowledge that the disclaimers and the exclusions and limitations of liability set out in these Terms in favour of Help seekers, Volunteers and/or Volunteers’ employers are intended to confer benefits on those persons that are enforceable at the suit of those persons whether by way of defence or otherwise for the purposes of subpart 1 of Part 2 of the Contract and Commercial Law Act 2017. Despite this, these Terms may be amended in accordance with clause 2.1 without the need for the agreement of any Help seeker, Volunteer or Volunteers’ employer.