Terms of Use of the Communiteer Platform
Updated 03 August 2018
1. OUTLINE
1.1 These Terms govern your use of and access to the Platform. By using the Platform, you agree to these Terms. If you do not agree to the Terms, you may not use the Platform.
1.2 We may change, vary or modify all or part of these Terms at anytime at our sole discretion, in which case:
1.2.1 we will post the new Terms on the Platform; and
1.2.2 they will apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
1.3 It is your responsibility to check these Terms periodically for changes. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Platform.
1.4 By using the Platform, you affirm that you:
1.4.1 are 18 years or over; or
1.4.2 otherwise possess legal parental or guardian consent and have obtained the consent of the payment method provider for your purchase of our Services.
2. PRIVACY
2.1 The Privacy Policy can be found on the Platform and applies to your use of the Platform and the Services.
2.2 The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Platform.
3. ACCESS TO PLATFORM
3.1 You may access our Platform online through the Communiteer website, application or through any other means we choose to make our Platform available.
3.2 To access the Platform you must create an account.
3.3 The features, functionalities and service available in respect of the Platform and associated with your account will vary depending on whether you are a VIO User, VPO User or a Volunteer User.
3.4 Your access to the Platform may be suspended for any reason without notice, including in the case of system failure, maintenance or repair, or any reason beyond our control.
3.5 At our absolute discretion, we may refuse to allow any person to register and create an account on our Platform.
3.6 Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any functionality, feature or service on the Platform at any time.
3.7 The Platform contains Content that is protected by our Intellectual Property Rights and those belonging to third parties.
3.8 Subject to your compliance with these Terms, we grant to you a revocable, non-exclusive, non-sublicensable and non-transferable licence to access the Platform and any Content for the sole purpose of using the Services and must not use the Platform for any other purpose.
3.9 Except as expressly provided otherwise in these Terms, you do not have any right, title or interest in or right of use of the Platform or any Content.
4. SERVICES
4.1 The Services constitute a technology platform that enables:
4.1.1 VIO Users to present volunteering opportunities to Volunteer Users through the Platform (Volunteer Project);
4.1.2 Volunteer Users to access Volunteer Projects from time to time;
4.1.3 VPO Users to coordinate and track the involvement of their staff in their use of the Platform as Volunteer Users; and
4.1.4 the provision of Deliverables from Volunteer Users to VIO Users in connection with certain Volunteer Projects.
4.2 You may only utilise the Services through our Platform and for your own use.
4.3 All users acknowledge:
4.3.1 We provide a platform that facilitates VIO Users and Volunteer Users connecting, signing up for Volunteer Projects, which includes transferring Deliverables from Volunteer Users to VIO Users.
4.3.2 While we enable Volunteer Projects to be posted to the Platform, we have no editorial control over the content relating to such projects and in most cases the content on the Platform are provided by other persons.
4.3.3 It is the responsibility of the Volunteer User and the VIO User to determine whether to pursue the Volunteer Project together.
4.3.4 Any correspondence between VIO Users and Volunteer Users are solely between those parties.
4.4 VIO Users and VPO Users acknowledge that we do not provide a human resources or employment outsourcing service.
4.5 VIO Users acknowledge that:
4.5.1 We do not guarantee that Volunteer Users will be available for, nor will Volunteer Users choose to sign up to, any particular Volunteer Project.
4.5.2 The Platform may make automated suggestions regarding Volunteer Users. We make no recommendation of the appropriateness of any Volunteer User (including any suggested Volunteer User) that signs up to the Platform or to a Volunteer Project. It is up to VIO Users to determine the appropriateness of the Volunteer User for their relevant Volunteer Project.
4.6 Volunteer Users acknowledge that:
4.6.1 We are not your employer. Your use of the platform does not create or form a relationship of employee and employer between yourself and Communiteer.
4.6.2 Your relationship in respect of each Volunteer Project is with the respective VIO User.
4.6.3 The Platform may make automated suggestions regarding Volunteer Projects. We do not make any recommendation in relation to the appropriateness of any Volunteer Project (including any suggested Volunteer Project). It is up to the Volunteer User to determine the appropriateness of a Volunteer Project.
4.6.4 We are not responsible for providing you with, and do not guarantee that you will be provided with, a Volunteer Project. It is up to VIO Users to assess and select Volunteer Users for Volunteer Projects.
4.6.5 We do not contract with you and are not responsible in any way for any legal or other requirements relating to any Volunteer Projects apart from the Services and what is otherwise set out in these Terms.
4.7 How you utilise the Services and related functionality is as indicated on our Platform or as we may otherwise describe or represent to you in writing.
5. REGISTRATION OF USERS
5.1 To access or use certain parts of the Platform, you will be required to register as a user and open an account (including setting up an identification name and password) and agree to certain terms and conditions.
5.2 When registering as a user of the Platform, you must:
5.2.1 provide us with accurate, complete and up- to-date registration information, as requested;
5.2.2 provide us with a form of identification to verify your identity and permit us to provide your details to a third party to verify your identity through an Identity Verification Service; and
5.2.3 inform us of any changes to your registration information.
5.3 When registering as a user of the Platform, you must not:
5.3.1 register as a user multiple times or more than once using one email address; or
5.3.2 impersonate or create a user registration for any person other than yourself.
5.4 As a registered user of the Platform, you must:
5.4.1 ensure the security and confidentiality of your user registration details, including any username and/or password that you select;
5.4.2 notify us immediately if you become aware of any unauthorised use of your user details; and
5.4.3 not permit your user details to be used by or transferred to any other person.
5.5 You are entirely responsible for all activities which occur under your user details as a result of your failure to keep your information secure and confidential.
5.6 We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Platform, including if we believe you:
5.6.1 are abusing the use of the Platform in any way;
5.6.2 have breached these Terms, including any provision of clause 6; or
5.6.3 are no longer an active user of the Platform.
5.7 If we suspend or terminate your use or access to all or any part of the Platform, we may, without limitation:
5.7.1 delete and/or remove or prevent further access to any or all of your information; and
5.8 refuse to allow you future access to the Platform or use of our Services.
6. USE OF THE PLATFORM
6.1 You must not, in relation to your use of or interaction with the Platform or any material that you upload, transmit or post in connection with the Platform, without our prior written consent:
6.1.1 breach any applicable laws or regulations;
6.1.2 disseminate “junk mail”, “chain letters”, unsolicited emails, “spimming,” “spamming” or large amounts of untargeted, unwanted or repetitive content;
6.1.3 impersonate any person or entity;
6.1.4 create a privacy or security risk to any person including distributing an image or personal information of another person without their consent;
6.1.5 conduct phishing activities;
6.1.6 incite violence, hatred, cruelty or abuse (including to animals);
6.1.7 harm, harass, threaten, exploit or defame others;
6.1.8 offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
6.1.9 promote or provide information about unlawful activities or conduct;
6.1.10 engage in conduct that is false, misleading or deceptive;
6.1.11 violate or infringe the Intellectual Property Rights or other rights of another person;
6.1.12 delete any attributions or legal or proprietary notices;
6.1.13 promote or solicit any goods, services or commercial activities;
6.1.14 copy, store, alter, upload or distribute any part of the Platform or Content to any other device, server, website or other medium for publication for any commercial enterprise or use;
6.1.15 use any code, automated scripting tool or software or use any deep-link, page- scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in
any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform or any Content on it;
6.1.16 frame or mirror any part of the Platform;
6.1.17 attempt to gain unauthorised access to any part of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
6.1.18 probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
6.1.19 reverse look-up or trace any information on any other user of or visitor to the Platform, or exploit the Platform or any service or information made available or offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
6.1.20 interfere with, disrupt, or create an undue burden on the Platform or any systems, or networks connected to the Platform, or the proper working of the Platform, or any transaction being conducted on the Platform or with any other person’s use of the Platform;
6.1.21 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so;
6.1.22 use any material that contains restricted or hidden content; or
6.1.23 use any material that contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
6.2 You must, immediately upon our request or as we direct, remove, take down, modify and/or remedy and reference, post, share or upload you make on any other social media or internet-based platform that contains any Content in connection with the Platform or the Services.
7. INTELLECTUAL PROPERTY
7.1 In return for providing Volunteer Users with access to the Platform and the Services, Volunteer Users may be required to assign any Volunteer Intellectual Property to the relevant VIO.
7.2 Volunteer Users and VIOs acknowledge that:
7.2.1 we are not responsible for, nor provide any warranties in relation to, any Volunteer Intellectual Property or VIO’s intended or actual use of it;
7.2.2 any transfer of Volunteer Intellectual Property is an obligation between the respective Volunteer Users and VIOs in respect of a Volunteer Project; and
7.2.3 our sole obligation in respect of any Volunteer Intellectual Property is to use reasonable endeavours to procure the parties enter into an assignment of Volunteer Intellectual Property described in clause 7.1.
8. THIRD PARTY FEATURES
8.1 The Platform may feature or display links and pointers to websites, content and advertising owned and/or operated by third parties (Third Party Features). Third Party Features (if any) do not form part of the Platform and are not under our control. By featuring or displaying such Third Party Features we do not in any way represent that we recommend or endorse the relevant third party, its products or services. We do not accept any responsibility in connection with any Third Party Features. If you engage with any such Third Party Features, you do so entirely at your own risk.
8.2 From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Policy.
9. CONTENT DISCLAIMER
9.1 You assume total responsibility for your use of the Platform and any linked independent third- party websites or platforms.
9.2 Except where expressly stated otherwise, Content on the Platform is provided as general information only.
9.3 You acknowledge and agree that:
9.3.1 transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others;
9.3.2 we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance;
9.3.3 we cannot ensure that any images, files or other data you download, share or obtain from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features;
9.3.4 the Platform and its Content is delivered on an as-is and as-available basis;
9.3.5 while we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits and we will not be liable for the same; and
9.3.6 your sole remedy against us for dissatisfaction with the Platform or any Content is to stop using the Platform.
10. EXCLUSIONS + LIMITATIONS
10.1 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to
the fullest extent permitted by law.
10.2 Any liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
10.3 No warranty is given and we will not be liable for:
10.3.1 alterations, modifications or variations to the Platform or Content which are not performed by us;
10.3.2 damage or failure caused by unusual or non-recommended use or application of the Platform or Content;
10.3.3 updates any release of a version of any relevant software, browser or operating system that renders features of the Platform unstable or unusable;
10.3.4 your use or reliance on the Services or your inability to access or use the Services;
10.3.5 loss caused by a late Deliverable;
10.3.6 any transaction or dealings with, or any acts or omissions of, another user; and/or
10.3.7 loss caused by any factors beyond our control.
10.4 We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us.
11. NOTICES
11.1 If you think that the Platform has been accessed or used by another user in breach of these Terms, please email us at support@communiteer.org.
11.2 We may provide notices to you in the form of notifications to your via our Platform, to your nominated email address or otherwise in writing. 11.3 You agree to check the Platform for notices and that you will be considered to have received a notice when it is made available to you by posing it on the Platform, sending to your nominated email address or otherwise in writing.
12. GENERAL
12.1 Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with, breach or alleged breach of these Terms.
12.2 Lawful purpose: You must ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
12.3 Force Majeure: If a Force Majeure Event occurs, we may:
12.3.1 totally or partially suspend any Platform, any part of the Platforms during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and
12.3.2 elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
12.4 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms.
12.5 Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
12.6 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
12.7 Governing law: These Terms are governed by the laws of the State of New South Wales. You irrevocably submit to the exclusive jurisdiction of the Courts in the State of New South Wales.
13. INTERPRETATION + DEFINITIONS
13.1 Personal pronouns: Except where the context otherwise provides or requires:
13.1.1 the terms we, us or our refers to Communiteer Pty Ltd (ACN 611 167 401); and
13.1.2 the terms you or your refers to a user of the Platform.
13.2 Defined terms: In these Terms, unless otherwise provided, the following terms have their meaning as specified:
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork, location information and computer code including but not limited
to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Deliverables means any content or material to be created, developed or progressed by a Volunteer User and provided to the relevant VIO in respect of a Volunteer Project.
Force Majeure Event means circumstances beyond our reasonable control and includes, but is not limited to, compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any
department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections or defaults of our suppliers or subcontractors.
Identity Verification Service means any third party service used by us to verify your identity.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Platform means all or any of the relevant platforms, mobile applications, electronic interfaces and websites that are owned, provided and/or operated from time to time by us regardless of how it is accessed by users (including
via the internet, mobile phone or any other device or other means).
Privacy Policy means our privacy policy as amended from time to time available via our Platform. Services means the Volunteer Project arrangement and facilitation services and other related services that we provide through the
Platform described in clause 4.1.
Terms means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
VIO User means a user who represents or acts for a Volunteer Involving Organisation.
Volunteer Intellectual Property means any Intellectual Property Rights created by Volunteer Users in connection with a Volunteer Project, including without limitation any Intellectual Property Rights in any Deliverables.
Volunteer Involving Organisation or VIO means a not for profit organisation or social venture that has engaged with us seeking Volunteer Users for Volunteer Projects on the Platform.
Volunteer Project has the meaning given to it in clause 4.1.1.
Volunteer Providing Organisation or VPO means a corporate or for profit organisation that has engaged with us whose staff or employees sign up to the Platform as Volunteer Users.
Volunteer User means a user who is a volunteer. VPO Users means a user who represents or acts for a Volunteer Providing Organisation.