WELCOME TO OneAnother!

OneAnother is a volunteer marketplace that connects volunteers with relevant opportunities.

WHAT PARTS OF THESE TERMS APPLY TO ME? 

This agreement governs your use of the 3Helps Platform available at Wesbite: https://www.oneanother.io/ Apple Store: https://apps.apple.com/us/app/one-another/id1584291935 and Google Store: https://play.google.com/store/apps/details?id=com.oneanothercommunity.oneanothercommunity (Platform) and any other services made available through the Platform (Platform Services). By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, 3 Helps Pty Ltd ABN 54 648 135 737 (3Helps, we or us).  

The remainder of this agreement is divided into three parts:

If you intend to use the Platform only as Help Seeker, only Parts A and Part B of these terms will apply to you. 

If you intend to use the Platform only as a Helper, only Parts A and Part C of these terms will apply to you. 

If you intend to use the Platform as both a Helper and a Help Seeker, all of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our web and mobile application, 3Helps, available on the Apple iOS Store and the Google Play Store, our website and includes any associated services we offer.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Place mapping services, including Google Maps API(s), Google Earth and similar geocoding software. Your use of Google Maps/Earth is subject to the Google Maps/Google Places Additional Terms of Service.

We are committed to protecting your privacy. Our privacy policy is available at www.oneanother.io/privacy-policy. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy and Community Guidelines found here: https://www.oneanother.io/community-guidelines/ 

By accessing and using our online services you warrant that you:

have the power to form a binding agreement with One Another, either in your individual capacity or as an authorised representative of your organisation;

(b) are 18 or over, or you otherwise have the consent of your parent or guardian;

(c) are solely responsible for all your activities that occur on our websites;

(d) only use our online services in a private and secure manner;

(e) will keep secure and confidential all passwords, account names, tokens or login identifications required to access our online services;

(f) will do your best to prevent any unauthorised access to any services that require a login; and

(g) will not use our online services for purposes that are unlawful or may adversely affect our reputation or interests.

DISCLAIMER

By ticking the box below, you acknowledge and agree to the above disclaimer

[insert check box]

  1. All Users
    1. ELIGIBILITY
      1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
        1. over the age of 18 years and accessing the Platform for personal use; or 
        2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
      2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform. 
      3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 
    2. ACCOUNTS
      1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
      2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, gender, profile picture, date of birth, billing, postal and physical addresses, mobile phone number, and other information as determined by 3Helps from time to time.
      3. You warrant that any information you give to 3Helps in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
      4. You may register for an Account using your Google account (Google Account). If you sign into your Account using your Google Account, you authorise us to access certain information on your Google Account including but not limited to your email address, your current profile photo and other basic information. 
      5. Once you complete the Account registration process, 3Helps may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
      6. 3Helps reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
      7. 3Helps may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
    3. USER OBLIGATIONS
      1. As a User, you agree:
        1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
        2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited; 
        3. you must immediately notify 3Helps of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
        4. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
          1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a Volunteering Opportunity which includes illegal activities or purposes); and
          2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by 3Helps; 
        5. not to act in any way that may harm the reputation of 3Helps or associated or interested parties or do anything at all contrary to the interests of 3Helps or the Platform; 
        6. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of 3Helps; 
        7. that 3Helps may change any features of the Platform or Services offered through the Platform at any time without notice to you;
        8. that information given to you through the Platform, by 3Helps or another User including a Help Seeker, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
        9. that 3Helps may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
    4. platform services
      1. The Platform Services include: 
        1. connecting Helpers with Help Seekers via Volunteering Opportunities;
        2. chat and messaging functions between Users; and
        3. reviewing and feedback functions of Helpers by Help Seekers.
      2. In order to use any of these Platform Services, you may be required to agree to provide the Platform with access to certain information or functions on your mobile phone such as location data (including GPS). You acknowledge and agree that failing to do so may mean that you will not be able to use these Platform Services. 
    5. Connecting helpers with Help Seekers
      1. As part of the Platform Services, Helpers can submit an application to the Help Seekers to participant in a volunteering opportunity (Application).
      2. The Help Seekers can review a Helper’s Account and their Application, including their personal details and reviews of the Helper by previous Help Seekers.
      3. The Help Seekers may accept or reject a Helper’s Application. 
      4. If the Helper’s Application is successful, the Help Seekers may contact and request further information from the Helper via the chat and messaging function of the Platform.  
      5. Any terms and conditions entered into between the Users, separate to this agreement, are solely between the Users and do not involve us in any way, except that they must be consistent with the Users’ obligations under these terms.
      6. Users release us completely for all liability to other Users for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating to any way to any Platform Services. 
    6. POSTED MATERIALS
      1. WARRANTIES
        1. By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
          1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
          2. the Posted Material is accurate and true at the time it is provided;
          3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
          4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
          5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
          6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
          7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
          8. the Posted Material does not breach or infringe any applicable laws.
      2. LICENCE
        1. You grant to 3Helps a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for 3Helps to use, exploit or otherwise enjoy the benefit of such Posted Material.
        2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release 3Helps from any and all claims that you could assert against 3Helps by virtue of any such moral rights.
        3. You indemnify 3Helps against all damages, losses, costs and expenses incurred by 3Helps arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
      3. REMOVAL
        1. 3Helps acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, 3Helps may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
        2. You agree that you are responsible for keeping and maintaining records of Posted Material.
    1. General

Viewing the Platform, creating an Account, posting Volunteering Opportunities and submitting an Application on the Platform is free.  

  1. donations
    1. Users may choose to pay 3Helps an open fee in AUD (inc. GST) donation (Donation) to use the Platform, but basic functionality of the Platform will be available to free users. We will display the benefits (if any) of Donating on our Platform from time-to-time. 
    2. If you opt in to Donating, the Donation is payable on the first day of each month in advance until the User cancels their Donation in accordance with this clause 7.2 (Subscription Period), with the first payment being due on the first day of the Subscription Period. 
    3. The Donation must be paid in advance and is non-refundable for change of mind. 
    4. Your Donation will continue to renew on a monthly basis indefinitely, and you must pay Fees in respect of each monthly period, unless you notify us prior to 7 days of the expiry of the then current month that you want to cancel your Donation. Otherwise, we will continue to debit the Donation from your account each month. We will not pay any charge back amount if you fail to cancel your Donation in accordance with this clause. 
    5. We reserve the right, from time to time, to change the amount of the Donation. We will notify you in advance if we do this. Any higher Donation amount will only apply in the calendar month immediately following the one in which we notify you of the higher Donation.
    6. We may use a third-party service provider to collect your Donation under a direct debit arrangement. If that is the case, you will be required to agree to that service provider’s terms and conditions in order to continue using the Platform and make a Donation. If you do not accept the third-party service provider’s terms you should not make a Donation.
    7. To terminate your Donation or change your payment method, please contact us via the Platform or our Website.
  2. additional features
    1. Where a User elects to make a Donation, we may provide the User with access to additional features on the Platform.
    2. Details of these additional features will be set out on the Platform and our Website. 
  1. REFUNDS & CANCELLATIONS
    1. 3Helps will have no liability or obligation to you if:
      1. a Helper or a Help Seeker cancels at any time after the time for performance of the Volunteering Opportunity is agreed; or 
      2. for whatever reason, including technical faults, a Volunteering Opportunity cannot be performed or completed,
    2. and you will not be entitled to any compensation from 3Helps.
  2. ONLINE PAYMENT PARTNER
    1. We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services. 
    2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. 
    3. You agree to release 3Helps and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
    4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 
  3. IDENTITY VERIFICATION
    1. We may require Users to verify their personal details (including name and email address) using our processes or an external identity verification service as applicable (Verification Service).  
    2. We will collect your personal information in accordance with our Privacy Policy as set out in clause 19. Where a Verification Service is used, you acknowledge and agree that: 
      1. we may contact and share your personal information with a Verification Service to verify your details; 
      2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
    3. You acknowledge and agree that:
      1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User; 
      2. we do not conduct any verification of a User’s date of birth and you should make your own inquiries as to a User’s age;
      3. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
      4. we do not endorse any User, Volunteering Opportunity or Verification Service.
  4. SERVICE LIMITATIONS
    1. The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that 3Helps cannot and does not represent, warrant or guarantee that:
      1. the Platform will be free from errors or defects;
      2. the Platform will be accessible at all times;
      3. messages sent through the Platform will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Platform will be secure or confidential; or
      5. any information provided through the Platform is accurate or true.
  5. INTELLECTUAL PROPERTY 
    1. 3Helps retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from 3Helps or as permitted by law.
    3. In this clause 12, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
  6. THIRD PARTY CONTENT
    1. The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). 3Helps accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
  7. THIRD PARTY TERMS
    1. Any service that requires 3Helps to acquire goods and services supplied by a third party on behalf of the Helper (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
    2. Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing 3Helps to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
  8. DISPUTES BETWEEN USERS
    1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
    2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to 3Helps via the ‘Report an Issue’ function on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
    4. 3Helps has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
    5. 3Helps reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
    6. If you have a dispute with 3Helps, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 
    7. Notwithstanding any other provision of this clause 15, you or 3Helps may at any time cancel your Account or discontinue your use of the Platform.
  9. Disclaimers
    1. (Introduction service) 3Helps is a medium that facilitates the introduction of Help Seekers and Helpers for the purposes of encouraging people to engage in volunteering opportunities and to reduce loneliness amongst communities. 3Helps may collect a donation in consideration for providing this introduction service, but it does not have any obligations or liabilities to, and is not a party to any contract between, the Help Seekers and Helpers in relation to such services or otherwise resulting from the introduction.
    2. (Limitation of liability) To the maximum extent permitted by applicable law, 3Helps excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by the Help Seekers. This includes any loss or damage incurred by any User at or in connection with volunteering activities. 
    3. (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
    4. (Employment or contractual relationship) 3Helps will have no liability or obligation to you, and you will not be entitled to any compensation from 3Helps, for any issues arising out of any employment or contractual relationship between you and another User as a result of your use of the Platform.
    5. (Compliance with laws) You are responsible for complying with all applicable laws, rules, regulations and industry standards in any employment or contractual services you offer or receive through the Platform, including but not limited to the National Disability Insurance Scheme, aged care, other compensable fund schemes and applicable privacy laws.
    6. (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    7. (Indemnity) You agree to indemnify 3Helps and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
      1. breach of any term of this agreement; 
      2. use of the Platform; or
      3. your provision or receipt of Services from another User.
    8. (Consequential loss) To the maximum extent permitted by law, under no circumstances will 3Helps be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by the Help Seekers (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  10. SECURITY
    1. 3Helps does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
  11. CONFIDENTIALITY
    1. You agree that:
      1. no information owned by 3Helps, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
      2. all communications involving the details of other Users on this Platform and of the Help Seekers are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
  12. LINKED BUSINESSES
    1. You acknowledge and agree that:
      1. the Platform provides links and introductions to other Users who are third parties (or organisations owned and operated by third parties) that are not under the control of 3Helps;
      2. when the 3Helps Platform offers to introduce you to another User, we do not imply any endorsement or recommendation of that User, nor are we a party to any implied or express contract between you and any another User; 
      3. 3Helps does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any User who uses or listed on the Platform.
  13. PRIVACY
    1. You agree to be bound by the clauses outlined in 3Helps’s Privacy Policy, which can be accessed here https://www.oneanother.io/privacy-policy/
  14. COLLECTION NOTICE
    1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 
  15. NOTICE REGARDING APPLE
    1. If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
      1. this agreement is are between you and 3Helps and not with Apple. Apple is not responsible for the Services or any content available on the Services;
      2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
      3. in the event of any failure of 3Helps to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be 3Helps’s responsibility;
      4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
        1. product liability claims; 
        2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
        3. claims arising under consumer protection, privacy, or similar legislation;
      5. in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
      6. that you represent and warrant that:
        1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
        2. you are not listed on any U.S. Government list of prohibited or restricted parties;
      7. you must comply with applicable third party terms of this agreement when using the Services; and
      8. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
  16. TERMINATION
    1. 3Helps reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
    2. In the event that a User’s Account is terminated:
      1. the User’s access to all posting tools on the Platform will be revoked;
      2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
      3. the User may be unable to view the details of other Help Seekers (including contact details, geographic details and any other details), and all Volunteering Opportunities previously posted by the respective User will also be removed from the Platform.
    3. Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, 3Helps will effect such termination within a reasonable time after receiving written notice from the User.
    4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
  17. TAX
    1. You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and 3Helps will not be held accountable in relation to any transactions between Helpers and Help Seekers where tax related misconduct has occurred.
  18. RECORD / AUDIT
    1. To the extent permitted by law, 3Helps reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, Volunteering Opportunities, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving 3Helps.
  19. NOTICES
    1. A notice or other communication to a party under this agreement must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party,

whichever is earlier.

  1. GENERAL
    1. GOVERNING LAW AND JURISDICTION
      1. This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    2. WAIVER
      1. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    3. SEVERANCE
      1. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
    4. JOINT AND SEVERAL LIABILITY
      1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    5. ASSIGNMENT
      1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
    6. COSTS
      1. Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
    7. ENTIRE AGREEMENT
      1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
    8. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (gender) words indicating a gender includes the corresponding words of any other gender;
      3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
      7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision. 
  1. Help Seekers
    1. ELIGIBILITY AND ACCREDITATIONS
      1. You must verify that any Helper is over 18 years old or has their parent or guardian’s consent to use the Platform and engage in any Volunteering Opportunities.
      2. If in any of your Volunteering Opportunities posted on the Platform, (or anywhere on your Account) you hold yourself out to possess certain accreditations, industry memberships, or charitable status (Accreditations), you warrant to 3Helps that you do hold such Accreditations and if requested, will promptly provide 3Helps with evidence of the Accreditations.
      3. If you are providing services to anyone under the age of 18 and are working with children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. 3Helps is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify 3Helps against any claim that may arise in connection with your eligibility to work with people under 18 years old.
    2. Volunteering opportunities
      1. After you create an Account, you may create a listing on the Platform for the services you are offering to Helpers (Volunteering Opportunity). 
      2. You acknowledge and agree that:
        1. you must use your best endeavours to provide as much information as possible in any Volunteering Opportunity you submit to the Platform; 
        2. 3Helps may choose not to accept any Volunteering Opportunity you submit to the Platform, and 3Helps may limit the number of Volunteering Opportunities you can submit to the Platform;
        3. any information you supply in a Volunteering Opportunity must be true, timely and accurate; 
        4. you must take all reasonable steps to complete the services as described in every Volunteering Opportunity that is accepted by a Helper, including by not cancelling any part of such a Volunteering Opportunity;
        5. you must deal with any dispute with a Helper in accordance with clause 15;
        6. any additional terms and conditions relating to a Volunteering Opportunity, or a quote provided via the Platform, are solely between you and the relevant Helper and do not involve 3Helps in any way, except that they must not be inconsistent with your or the Helper’s obligations under this agreement; and
        7. 3Helps will have no responsibility for the accuracy, reliability or timeliness of any Helper’s response to a Volunteering Opportunity.
    3. PROVISION OF SERVICES
      1. You must ensure that all services specified in a Volunteering Opportunity that is accepted by a Helper are provided: 
        1. in accordance with all applicable laws, regulations, tax obligations and industry standards; 
        2. with due care and skill and in a professional, punctual and diligent manner;
        3. so that the services are fit for their intended purpose; and
        4. on the date and at the times set out in the Volunteering Opportunity. 
      2. If a Helper requests to reschedule the delivery time for the services listed in a Volunteering Opportunity, you may choose to accept or reject such a request.
    1. You may anonymously rate (Rating) and/or provide feedback (Review) of a Helper regarding the services provided in a Volunteering Opportunity.
    2. Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Helpers Account is removed or terminated.
    3. All Ratings and Reviews must be true, fair and accurate.
    4. If we consider that a Rating or Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Rating or Review and/or ban the relevant user from posting further Ratings or Reviews. We do not undertake to review each Rating or Review made on the Platform.
    5. You may not publish Ratings or Reviews for those whom you have a personal or professional relationship with (separately from the Platform).
    6. You can only leave a Rating or Review if you have had an experience with the Helper you are rating or reviewing.
    7. Your experience of the Helper must have occurred within 12 months before you submit a Rating or Review. 
    8. If you have been offered an incentive by a Helper to leave a Rating or Review, you should not leave a Rating or Review. Incentives include a Helper offering you a gift, reward, discount or advantage for leaving a positive Rating or Review about the Helper. It doesn’t include someone asking you nicely to leave a positive Rating or Review.
  1. Helpers
  1. information on sign up
    1. In addition to the information required when setting up an Account under Part A, as a Helper, you may be required to provide the following extra information:
      1. a valid police check;
      2. a valid working with children check; 
      3. vaccination status; 
      4. proof of professional indemnity insurance and public liability insurance; or
      5. proof of first aid CPR status being up to date,

(collectively referred to as Qualifications).

  1. By creating an Account and holding yourself out to hold any Qualifications, you warrant to 3Helps that you do hold such Qualifications and if requested, will promptly provide 3Helps with evidence of the Qualifications.
  2. You acknowledge and agree that information you supply to us when signing up for an Account may be shared with the Help Seekers using the Platform (and may be visible to other Users of the Platform). 
  1. Volunteering Opportunities 

You acknowledge and agree that:

  1. if you respond to a Volunteering Opportunity, that will constitute your offer and intention to enter into a contract with the Help Seekers;
  2. any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Help Seekers and do not involve 3Helps in any way, except that such terms and conditions must not be inconsistent with your or the Help Seekers’ obligations under this agreement.
  1. WARRANTIES
    1. By listing yourself as a Helper on the Platform, you represent and warrant that:
      1. by submitting an Application, you are able to fulfil the requirements of the Volunteering Opportunity; and
      2. you will provide volunteering efforts to Help Seekers:
        1. by exercising due care and skill in an efficient, diligent and safe manner; and
        2. in compliance with all applicable laws.
  2. CANCELLATIONS
    1. 3Helps will have no liability or obligation to you if a Help Seeker cancels a Volunteering Opportunity after it has been agreed.
    2. If you wish to cancel your participation in a Volunteering Opportunity before you have performed them, you must contact the Help Seeker in question using the Platform’s functionality to notify them. If 3Helps decides to investigate your cancellation, you must provide assistance and information to 3Helps as reasonably requested.