Terms and Conditions

 

Registration and Membership

  1. Help Me With It is a registered Australian charity (ABN: 62 600 741 393).  Help Me With It exists to enable connections between people who are disadvantaged and vulnerable needing relief from poverty or distress with people who can volunteer to help them. As such, “Seekers” are people who genuinely need help, and they are helped by “Helpers” who volunteer their time to help.  These connections are enabled via Help Me With It’s website (“HMWI Website”).
  1. To register as a Seeker or as a Helper (each a “Member”) you must:
    1. provide the following items of identification:
      1. your suburb and post code;
      2. your email;
      3. your phone number; and
      4. your Driver's Licence or Medicare card; and
    2. register using your name as shown on your Driver's Licence or Medicare card.

    Help Me With It may also collect additional personal information from you (collection of some of this information is optional and will be collected subject to your consent), including:

    1. address;
    2. your employer’s name;
    3. referee details;
    4. whether you have a Health Care Card;
    5. Australian Criminal Intelligence Commission Police Check; and
    6. date of birth (if you provide an Australian Criminal Intelligence Commission Police Check – which is optional).
  1. You acknowledge and agree that Membership is not available to people under 18 years of age and that by registering you represent and warrant that you satisfy this requirement.
  1. You represent and warrant that the information you supply to Help Me With It:  
    1. is current and complete and will be kept up to date by you;
    2. is not and will not become false, inaccurate or misleading or deceptive; and
    3. does not and will not violate any applicable law, statute, ordinance or regulation.
  1. Use of your Help Me With It Membership account will be protected by a logon system.  You acknowledge and agree that you are responsible for maintaining the confidentiality of your Help Me With It Membership login details. 
  1. You acknowledge and agree:
    1. that any access to or use of your Help Me With It Membership account (including any information posted or activities or transaction made on or via your account) by means of your login details as assigned to you by Help Me With It (whether or not such use is in fact by you) is deemed to be access or use by you; and
    2. without limiting paragraphs 31) and 32), that Help Me With It is not liable for any loss or damage (be it actual, special, direct, indirect or consequential) suffered or incurred arising as a result of any unauthorised access through a Member’s Help Me With It account. 
  1. You must immediately notify Help Me With It if you suspect any unauthorised use of your Membership account.
  1. Help Me With It may, in its absolute discretion, refuse your registration as a Member or suspend or cancel your Membership (and therefore your access to the HMWI Website) if Help Me With It reasonably suspects that any information that you provide to Help Me With it falls within any of the categories  referred to in paragraphs 4)b), 4)c) or 11)a) to 11)f) (inclusive).

 

HWMI Website

  1. The HMWI Website may allow you to post information, messages, tasks and other content, and may also allow you to see content posted by other Members. 
  1. Help Me With It:
    1. may from time to time determine, in its absolute discretion, what functionality and features the HMWI Website will have;
    2. update or upgrade the HMWI Website without prior consent from or notice to you;
    3. does not warrant that access to the HMWI Website will be uninterrupted or available when required;
    4. may alter, suspend or withdraw the availability of, or any feature on, the HMWI Website, or access to it, at any time for any reasonable cause, including for system maintenance, security or performance issues; and
    5. reserves the right, without notice and in its absolute discretion, to discontinue, suspend or terminate any service offered by or through the HMWI Website, as well the HMWI Website, at any time.
  1. You must not use the HMWI Website for any purpose other than to request a task to be performed for you or to respond to a request for a task to be performed, and you must not on the HMWI Website:
    1. do anything in contravention of any of these Terms and Conditions;
    2. make any statements that are, or are likely to be, false, inaccurate, defamatory, discriminatory, racist, misleading or deceptive or otherwise likely to cause offence;
    3. misrepresent your identity or affiliation with any organisation or person;
    4. infringe any third party rights, including intellectual property rights;
    5. promote any unlawful or criminal purpose; or
    6. post any material that is in any way inappropriate, or is unlawful, including but not limited to obscene images.
  1. Help Me With It reserves absolutely its right to remove from the HMWI Website any material that Help Me With It, in its absolute discretion, deems to be in contravention of these Terms and Conditions or otherwise not in accordance with the aims or values of Help Me With It.
  1. Help Me With It has the right, but not the obligation, to monitor and review all content posted on the HMWI Website from time to time, and to remove, edit or block any such content for any reason, or for no reason at all, without prior notice to you. 
  1. Notwithstanding Help Me With It’s right to monitor, review and edit content, Help Me With It accepts no responsibility for content posted on the HMWI Website, and you acknowledge and agree that Help Me With It:
    1. has no control over the content shared by Members in private messages;
    2. does not authorise, condone or endorse any user content of any Member, and is not responsible for the accuracy, legality, decency or otherwise of any content;
    3. does not give any assurance or guarantee that a Member will comply with paragraphs 4)b), 4)c) or 11)a) to 11)f) (inclusive) in using the HMWI Website; and
    4. without limiting paragraphs 31) and 32), is not liable for any loss or damage (be it actual, special, direct, indirect or consequential) suffered or incurred arising as a result of any content posted on the HMWI Website.

 

Performing tasks

  1. You acknowledge and agree to take personal responsibility for your safety in acting as a Seeker or a Helper and that you have familiarised yourself with the following public information about safety:
    1. Product Safety Australia;
    2. Comcare – a virtual risk management tool;
    3. Safe Work Australia; and
    4. Police – information about your personal safety.
  1. You acknowledge and agree that Help Me With It is not involved in the connection made between a Seeker and a Helper, and that if you agree to meet another Member or to perform a task for, or have a task performed by, another Member, you do so at your own risk.
  1. You acknowledge and agree that you are solely responsible for:
    1. determining whether to request a task, offer to perform a task or accept an offer to perform a task; and
    2. in doing so, verifying the veracity of any requests, claims or statements made in any user content.
  1. If you are a Seeker:
    1. you must not ask a Helper to perform any task other than that which was posted on the HMWI Website;
    2. you must as far as practicable ensure that you provide a safe environment for the Helper to perform the task; and
    3. you acknowledge and agree that:
      1. Help Me With It does not give any assurance or guarantee that a Helper will be able to competently and safely perform the task requested by you, or that the Helper will commence or complete that task; and
      2. a Helper is under no obligation to perform any task and may, in their absolute discretion, refuse to perform a task for you.
  1. If you are a Helper:
    1. you must undertake only the task that was posted on the HMWI Website, and not any other tasks;
    2. you must form your own assessment as to whether:
      1. the task is safe to undertake within your personal expertise, qualifications, physical abilities and limitations; and
      2. the task is able to be safely performed in the prevailing environment or circumstances (including with respect to the use or absence of any equipment, whether or not supplied by the Seeker);
    3. you acknowledge and agree that:
      1. if you agree to perform a task for a Seeker, you have the personal expertise, qualifications and physical abilities to perform that task safely, including that if you use any equipment in performing a task you have the necessary experience and skill in using that equipment to do so safely;
      2. you are under no obligation to perform any task and may refuse to perform a task for a Seeker; and
      3. if you have concerns as to your ability to be able to perform a task safely for a Seeker or as to whether you have the necessary experience and skill to perform a task, you will refuse to perform that task for the Seeker; and
    4. you must not charge a Seeker a fee for performing a task, although you are entitled to be reimbursed any reasonable costs you reasonably incur in doing so with the prior approval of the Seeker, and you acknowledge and agree that you are solely liable for having those costs reimbursed by the Seeker, and that (without limiting paragraphs 31) and 32)) Help Me With It is not liable for the reimbursement of any such costs.
  1. If you are a Helper and drive a vehicle in the course of completing a task, you acknowledge and agree that:
    1. you will be liable for any costs incurred (such as petrol used or toll fees incurred) or loss or damage that may arise as a result and that (without limiting paragraphs 31) and 32)) Help Me With It is not liable for any such costs or loss or damage (be it actual, special, direct, indirect or consequential); and
    2. if you are driving a Seeker as part of a task, you are solely responsible for ensuring:
      1. the vehicle is registered and roadworthy; and
      2. that you possess a current driver’s licence.
  1. You acknowledge and agree that if any of your personal tools or equipment are used in the course of performing a task you will be liable for any associated costs or damage that may arise as a result, and that (without limiting paragraphs 31) and 32)) Help Me With It is not liable for any such costs or damage (be it actual, special, direct, indirect or consequential).
  1. You agree not to perform a task or have a task performed for you in the company of a person under the age of 18.
  1. Help Me With It reserves its rights to suspend or cancel your Membership if it considers, in its absolute discretion, that:
    1. if you are a Helper, you have unreasonably failed to complete a task or your performance of a task is considered by Help Me With It not to have been to a reasonable standard;
    2. if you are a Seeker, you have failed to provide a safe environment for a Helper to perform the task or sought to have a Helper perform a task other than that the Helper has agreed to perform through the HMWI Website;
    3. you have behaved unreasonably or inappropriately towards another Member; or
    4. the content or feedback received by it about you from or on behalf of another Member warrants such a suspension or cancellation of your Membership.

 

Fees

  1. A Helper is required to pay to Help Me With It an annual Membership fee, as determined by Help Me With It from time to time, which fee is payable before the Helper undertakes their first task for a Seeker through the HMWI Website. 
  1. A Seeker is required to pay Help Me With It a fee per task, as determined by Help Me With It from time to time, which fee is payable when the Seeker accepts an offer perform a requested task from a Helper through the HMWI Website.
  1. A Seeker and a Helper will only be put in contact with each other through the private message platform provided on the HMWI Website to arrange the performance of a task upon the Seeker having paid the per task fee to Help Me With It.
  1. All fees paid by you to Help Me With It are non-refundable.
  1. Help Me With It may use at its discretion eWay, or another third party provider, to process its fees.

 

Liability

  1. You acknowledge and agree that Help Me With It:
    1. provides only a platform for Members to connect with each other;
    2. does not make any representation or warranty that any Member is reputable, will act in good faith, or in accordance with these Terms and Conditions; and
    3. only verifies the identity of Members as described above at paragraph 2), but does not conduct any:
      1. interviews with Members; or
      2. training of Members.
  1. You acknowledge and agree that you are not at any time an officer, employee, contractor, agent, partner or consultant of Help Me With It and that no such relationship is created by your use of the HMWI Website and your adherence to these Terms and Conditions.
  1. To the maximum extent permitted by law, Help Me With It specifically disclaims all liability for any loss or damage (be it actual, special, direct, indirect or consequential) arising out of or in any way connected with (whether directly or indirectly) the use of the HMWI Website, including without limitation:
    1. any thing a Member does or doesn’t do arising out of or any way connected with (whether directly or indirectly) that Member’s use of the HMWI Website; or
    2. any connection, engagement, relationship or arrangement made between any or all of a Member, former Member or a third party arising out of or any way connected with (whether directly or indirectly) the use of the HMWI Website, including arising out of or in any way connected with Help Me With It’s negligence.
  1. You indemnify and, to the extent permitted by law, irrevocably release Help Me With It and its officers, employees, agents, contractors and affiliates from and against any claim, demand, action, proceeding, remedy, loss or damage (be it actual, special, direct, indirect or consequential), including reasonable solicitor's fees, and whether in tort, contract, under law or otherwise, arising out of or any way connected with (whether directly or indirectly) your use of the HMWI Website, including without limitation:
    1. claims by third parties against Help Me With It;
    2. any thing you do or don’t do arising out of or any way connected with (whether directly or indirectly) your use of the HMWI Website; or
    3. any connection, engagement, relationship or arrangement made, or any dispute or claim, between you and any other Member, former Member or third party arising out of or any way connected with (whether directly or indirectly) your use of the HMWI Website, including arising out of or in any way connected with Help Me With It’s negligence.

 

Privacy and publicity

  1. Help Me With It’s Privacy Policy applies to you and forms part of these Terms and Conditions.  Help Me With It’s Privacy Policy is available on the HMWI Website (www.helpmewithit.org.au)and sets out:
    1. the types of personal information that Help Me With It collects;
    2. the purpose of the collection and use of that personal information;
    3. the types of organisations to which Help Me With It may disclose your personal information;
    4. information about how you may access and correct the personal information that Help Me With It holds about you; and
    5. how you may lodge a complaint relating to Help Me With It’s treatment of your personal information, and how Help Me With It will deal with such a compliant.
  1. You acknowledge and agree that:
    1. in order for Help Me With It to verify your identity and perform its activities and its other legitimate purposes, it needs to collect, use, hold and disclose your personal information from time to time; and
    2. if you elect not to provide your personal information to Help Me With It then Help Me With It will not be able to verify your identity, and as a result will not register you as a Helper or a Seeker or may suspend or cancel your Membership. 
  1. By agreeing to these Terms and Conditions, you consent to, and authorise, the collection, use and disclosure of your personal information in the manner contemplated in, and in accordance with, Help Me With It’s Privacy Policy. 
  1. If you provide photos or film to Help Me With It, by doing so you acknowledge and agree thatyou consent to your first name, likeness and photo or footage being used, reproduced and communicated in public for the purposes of Help Me With It’s communications, media coverage or publicity, including via print (including flyers or posters), online (including the HMWI Website, Facebook or Twitter), radio or television.

 

Mediation and dispute resolution

  1. The parties must first attempt to resolve in good faith any dispute in connection with these Terms and Conditions or the use of the HMWI Website by mediation conducted in Brisbane, Queensland pursuant to The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules (current as at the date of the dispute).  Neither party may commence court proceedings in respect of the dispute until at least 28 days has elapsed after the appointment of the mediator.  Nothing in this clause prevents a party from seeking urgent interlocutory relief in respect of the dispute.

 

General

  1. Help Me With It may modify these Terms and Conditions and other policies from time to time. You will check the HMWI Website periodically to ensure that you are aware of Help Me With It’s current Terms and Conditions and current policies.  Your continued use of the HMWI Website will constitute your acknowledgment and agreement to be bound by and comply with the current Terms and Conditions and policies of Help Me With It
  1. If any provision of these Terms and Conditions is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and Conditions and will not otherwise affect the validity and enforceability of any remaining provisions.
  1. These Terms and Conditions constitute the entire agreement between Help Me With It and you relating to its subject matter. 
  1. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Queensland.

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