Terms and Conditions Draft

Owned by Zoe Timbrell
Last updated: 02-03-2020
11 min read

By viewing and using this site, you agree to these Terms of use.

These terms and conditions outline the rules and regulations for the use of Voluntarily's Website.

1 APPLICATION OF TERMS

1.1 These Terms apply to your use of the Website. By accessing and using the Website:

  • you agree to these Terms; and

  • 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.

1.3 PFCT may vary this policy at any time. The current version of the policy will be maintained on the Web site.

2 CHANGES

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 PFCT makes no warranty or representation, express or implied, as to continuity of service. It reserves the right to suspend, terminate or otherwise alter access to some or all of the site’s 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 29 February 2020.

3 DEFINITIONS

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

Terms means these terms and conditions titled Website Terms of Use

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

We, us or our means Pam Fergusson Charitable Trust

Website means Voluntarily.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 YOUR OBLIGATIONS

4.1 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.

4.2 If you are given a User ID, you must keep your User ID secure and:

  • 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 hello@voluntaily.nz.

4.3 You must:

  • 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

  • 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. [User note: If the Website includes sensitive data, you should consider whether you need to extend these restrictions.]

4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@voluntaily.nz.

4.5 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 INTELLECTUAL PROPERTY AND COPYRIGHT

5.1 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.

5.2 The copyright in all materials displayed or available on this Web site is the property of PFCT unless otherwise stated. If the owner of any material published on this Web site is not PFCT, the rights in respect of that material will be as defined by the copyright owner of the material concerned. Unless otherwise stated you are permitted to copy textual material published by PFCT for your own non-commercial use provided you retain and display any copyright notice applying to the material. No material from this Web site may be reproduced or distributed in any media without written permission from PFCT.

5.3 · The platform’s re-use licence does not apply to material that is subject to third party copyright.

 5.4 Hyperlinking to our Content. The following organizations may link to our Web site without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

5.5 Other than personal information, which is covered under the Privacy Policy, any material you transmit or post to the site is considered non-confidential. This includes feedback or submissions you provide. We do not claim to own your copyright material. You do, however, grant PFCT a non-exclusive, royalty-free and irrevocable licence to:

  • 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

  • sub-license such material for re-use by others on the same terms as the licence you’ve granted PFCT.

5.6 If your contributions to the site 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, the clause above.

6 DISCLAIMERS

6.1 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:

  • the Website being unavailable (in whole or in part) or performing slowly;

  • any error in, or omission from, any information made available through the Website;

  • 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.

6.2 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.

6.3 The Pam Fergusson Charitable Trust (PFCT) tries to ensure the information on this Web site is accurate and current but does not 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 this Web site, or in respect of any products or materials referred to, are excluded to the extent permitted by law.

6.4 Links here may lead to other Web sites, and some information on this Web site may be provided by third parties. PFCT accepts no responsibilities for the currency or accuracy of such information. You should verify it with those parties directly.

6.5 The information contained on this Web site is intended to provide general information about PFCTs current products and is subject to change without notice. 

7 LIABILITY

7.1 To the maximum extent permitted by law:

  • you access and use the Website at your own risk; and

  • we are not 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. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 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 NZD100.

7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, 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, must not exceed NZD100. [User note: NZD100 is a low limit for liability. This is appropriate where the Website does nothing more than provide information about a company/group/person. A higher amount may be appropriate if the Website has additional purposes.]

8 PRIVACY POLICY

The purpose of this privacy policy is to let users of voluntarily.nz (the ‘site’) know when we collect personal information and what we do with it.

We don’t use, share or transfer personal information in connection with the site except as set out in this policy, or as otherwise set out somewhere on the site (including in terms linking to the site).

8.1 This privacy notice applies to personal information collected on voluntarily.nz and voluntari.ly

8.2 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 available to you. For example, we need to have your contact information in order to allow you to volunteer from our Website.

8.3 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

8.4 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for verify your identity, communicating with you, make recommendations to you for volunteering activities, connecting you to activity or opportunity providers, statistical analysis, the marketing by us of products and services to you, allow people running activities to learn about who will be working with their children and young people., police checks (if agreed) and research and development.

8.5 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include users IP addresses, information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

8.6 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

  • to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);

  • to an opportunity provider whom you have registered to volunteer for to enable a successful volunteering opportunity

  • to activity providers or opportunity creators for the purpose of finding the best volunteers for an activity or opportunity

  • to your employer is connected to a business account for the purpose of tracking volunteering opportunities

  • in relation to the proposed purchase or acquisition of our business or assets; or

  • where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

8.7 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

8.8 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at hello@voluntaily.nz.

8.9 Confidential information held by PFCT in relation to the users business will not be disclosed to a connected business unless authorised by the administrator of the business to which the information relates.  

9 CHILD SAFETY AND VETTING

9.1 Effective screening, as part of a comprehensive organisational child protection policy, can help identify potentially unsuitable people before they have the opportunity to do harm to children or allow harm to be perpetrated by others. To use the Voluntarily platform you will participate in a suite of tools and processes for:

  • Identity - ensuring people are who they say they are.

  • Screening - processes for analysing the information gathered and identifying suitable candidates – in this case, those who can be relied on to keep children safe.

  • Vetting - the formal process of obtaining checks from another agency, e.g., the Police Vetting Service, criminal conviction history checks.

  • Tracking - identifying volunteer activities that involve working with children and signalling to activity organisers the status of the people volunteering.

9.2 We may request specific information from users including:

  • Consent or non-consent for the current employer to be contacted.

  • A declaration of whether or not they have been convicted of a criminal offence, which is not eligible to be concealed under the Criminal Records (Clean Slate) Act 2004 and space to provide an explanation.

  • Consent to undertake a Criminal Conviction History Check or Police Vet, using the required forms.

  • Any other necessary disclosures. For example, details of their professional registration status and any previous employment or professional disciplinary history that could be relevant to child safety.

9.3 This information may be disclosed to partners and opportunity providers to ensure the safety of children and young people.

9 SUSPENSION AND TERMINATION

9.1 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).

9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10 GENERAL

10.1 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.

10.2 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.

10.3 For us to waive a right under these Terms, the waiver must be in writing.

10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.

10.5 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.

10.6 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.