Terms of Service

Go Helpie Terms of Use

Go Helpie Pty Ltd ACN 672 978 997

1. Background

Thank you for visiting the Go Helpie Terms of Use (Agreement), we are Go Helpie Pty Ltd ACN 664 026 395 (Go Helpie P/L, we, our, us and other similar terms). We provide an online platform which allows Volunteers to search for Opportunities and Organisations to find and manage suitable Volunteers, known as Go Helpie (Go Helpie).

This Agreement outlines the terms and conditions associated with the use of Go Helpie. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at https://www.gohelpie.au/ (Website).

2. Agreement

2.1 Accepting this Agreement

By using Go Helpie, you agree to comply with and be bound by the terms and conditions of this Agreement. These terms govern your access to and use of Go Helpie. If you do not agree to these terms, you have no right to obtain information, create an Account, use our services or otherwise continue using Go Helpie.

These terms are binding on any use of Go Helpie. You must not use Go Helpie if you are not able to form legally binding contracts or are under the age of 1 6. If you create an Account on behalf of your employer or any other entity, you warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

2.2 About this Agreement

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout the Agreement or in clause 17 and aid to clarify the terms and conditions. Please feel free to email us at hello@gohelpie.au if you have any other questions relating to this Agreement.

2.3 Term

The Term for this Agreement begins when you first access Go Helpie and applies to any use of Go Helpie. This Agreement may be terminated in accordance with clause 15 and if, at any time, you do not agree to the current content of these terms, you may cease your use of Go Helpie.

3. User Account

3.1 Creating an Account

You may use the public facing functionality of Go Helpie, including browsing Opportunities without creating an Account. However, you acknowledge and agree that to access the full functionality of Go Helpie, you will be required to provide us with personal information and create an Account with us (Account).

You agree to provide any information reasonably requested by us for the purpose of setting up your Account and operating Go Helpie. You warrant that all of the information you provide to us is accurate and complete in all respects; you will inform us by updating your Account details whenever any such information changes; and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

3.2 Account permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or

permit them to access your Account on your behalf. You are responsible for the activities undertaken using your Account which occur via Go Helpie, whether such activities are authorised by you or not.

4. Go Helpie

4.1 Opportunities and third party content

Opportunities listed on Go Helpie are produced by other people using Go Helpie (Users) and not us. They are to be relied on at your own risk. We make no warranty or representations as to the accuracy of the Submitted Content of other Users.

Go Helpie may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.

Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.

4.2 Support

While you maintain a valid Account, we will provide support to assist you with technical issues which arise from the use of Go Helpie. Support is available via hello@gohelpie.au.

4.3 Go Helpie accessibility

You acknowledge and agree that Go Helpie requires access to the internet and will not function as anticipated without internet access.

Go Helpie operates using third party cloud infrastructure and telecommunication services (Third Party Infrastructure). From time to time Go Helpie may become inaccessible or unavailable. We neither control nor are we liable for faults in Third Party Infrastructure nor the consequences which arise from such faults.

4.4 Updates to Go Helpie

We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter Go Helpie in our sole and absolute discretion. From time to time, without notice, access to all or part of Go Helpie may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to Go Helpie as soon as practicable.

You agree we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such temporary interruptions will not constitute a breach of these terms.

5. Your use of Go Helpie

5.1 Lawful use of Go Helpie

You undertake not to upload, store or access any data on Go Helpie if such access or storage would infringe a person’s Intellectual Property rights, breach any privacy law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, a State or Territory of Australia, or the jurisdiction in which you operate).

5.2 Notifications

Go Helpie provides facilities whereby you may set up notifications so that you are aware of activity on the platform relevant to you. By using Go Helpie, you consent to us providing relevant notifications via electronic messaging systems. You are solely responsible for configuring and disabling notification options made available to you.

5.3 Prohibited conduct

You must not:

(a) use an Account unless you have the express authority of the Account holder;

(b) use automated means to upload content, log in or attempt to log into an Account, download or otherwise access Go Helpie in any way other than by features we make available to you;

(d) in any way tamper with, hinder or modify Go Helpie;

(e) provide false or misleading information;

(f) knowingly transmit any viruses or other disabling features to or via Go Helpie;

(g) intentionally disable or circumvent any protection or disabling mechanism related to Go Helpie;

(h) install or store any software applications, code or scripts on or through Go Helpie;

(i) use Go Helpie in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another User's enjoyment of Go Helpie;

(j) collect or collate any data from Go Helpie for the purposes of commercialising that data; or

(k) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

5.4 Right to suspend

We reserve the right to limit or suspend all or part of your access to Go Helpie and alter your Account information, if in our reasonable opinion:

(a) you are in breach of any of the obligations or undertakings in this Agreement;

(b) you are making misleading or deceptive statements via Go Helpie;

(d) your Account is not used for a period of greater than 12 months; or

(e) we suspect a security breach associated with your Account.

Suspending your Account will not constitute a breach of this Agreement by us.

6. License

Subject to clause 8 (App Marketplace Providers) we grant you a non-transferrable, non-exclusive, non-sublicensable, worldwide, royalty free and revocable licence to use Go Helpie, on the terms contained in this Agreement (Licence). The Licence to use Go Helpie is subject to and conditional to your compliance with the terms of this Agreement.

7. Submitted Content

7.1 Use of Submitted Content

We reserve the right to take down and destroy any Submitted Content which contains Prohibited Content, in our sole discretion.

It is entirely your responsibility to keep copies of any Submitted Content uploaded to Go Helpie and you must not rely on us storing copies for you.

7.2 Prohibited Content

You undertake not to upload, store, alter, configure or access any data or Submitted Content to Go Helpie:

(a) unless you have the express permission of the person to whom that Submitted Content relates;

(b) which is false, misleading or otherwise deceptive in any way;

(c) which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful or otherwise objectionable;

(d) which includes nudity, sex, pornography, adult-oriented content, or explicative or inappropriate language;

(e) containing any computer virus or malicious code;

(f) that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation; or

(g) any other content deemed inappropriate in our sole discretion.

Misleading, illegal or offensive content can be reported to us via email to hello@gohelpie.au.

8. App Marketplace Providers

The Go Helpie mobile applications may be available from Google Play and the Apple App Store (App Marketplace Providers). This clause 8 , applies to the use of any mobile version of Go Helpie obtained from an app marketplace.

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Go Helpie, and we are solely responsible for:

(a) its support and maintenance;

(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of Go Helpie; and

(c) any claim Go Helpie fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Go Helpie and any other remedies under consumer protection law. Your right to use Go Helpie is non- transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of Go Helpie and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

You represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Limitation of liability

9.1 Implied Conditions

This clause 9 must be read subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Conditions).

We exclude all implied guarantees, conditions and warranties from this Agreement except any Non- Excludable Conditions.

9.2 Limitation of liability

Subject to the Non-Excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

(a) Go Helpie being inaccessible for any reason;

(b) incorrect or corrupt data, lost data, or any inputs or outputs of Go Helpie;

(d) security vulnerabilities in Go Helpie or any breach of security that results in unauthorised access to, or corruption of data;

(e) negligence caused by us or our service providers;

(f) any dispute arising between Users or your engagement with another User of Go Helpie;

(g) the actions or inactions of any other User or other third party to this Agreement;

(h) the occurrence of an Event of Force Majeure;

(i) your use of or reliance on Go Helpie for a purpose other than its reasonably expected purpose;

(j) your breach of this Agreement; or

(k) any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

9.3 Limits to liability associated with goods and services

To the fullest extent possible under the law, we limit our liability for any breach to:

(a) in the case of goods the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and

(b) in the case of services the resupply of the services or the payment of the cost of having the services resupplied.

9.4 Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, whether directly or indirectly, arising from your infringement of any third party Intellectual Property rights associated with this Agreement or your breach of any law.

10. Warranties

Subject to the Non-Excludable Conditions, we make no warranties or guarantees that Go Helpie is fault free, regarding its fitness for any particular purpose or regarding your access to, or the results of your access to Go Helpie, including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

11. Submitted Content

If you provide us with content, including, without limitation, documents, text, photos, images, audio, video, code and any other materials whether they relate to an Opportunity, a Job application or any other purpose (Submitted Content), your Submitted Content stays yours. This Agreement does not transfer ownership of Submitted Content to us.

When you provide Submitted Content, you grant us a non-exclusive, worldwide, perpetual, royalty- free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that Submitted Content works better with Go Helpie), communicate, publish, publicly display (including on our leader boards), and distribute (including to Organisations when you apply for Opportunities) Submitted Content for the purposes of allowing us to operate, improve, promote and protect Go Helpie. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the Submitted Content.

You represent that you own all rights to your Submitted Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Submitted Content to the extent that it is used within Go Helpie.

While we reserve the right to take down any Submitted Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor Submitted Content, nor are we responsible for it.

12. Intellectual Property

For the purpose of this Agreement, intellectual property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).

We warrant we own or have a licence to use the Intellectual Property in Go Helpie.

You warrant you will not do any of the following, or permit any person over whom you have effective control to:

(a) copy or reproduce, or create an adaptation or translation of, all or part of Go Helpie in any way, except to the extent that reproduction occurs automatically through its ordinary use;

(b) incorporate all or part of Go Helpie in any webpage, site, application or other digital or non- digital format;

(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of Go Helpie on any medium; or

(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Go Helpie.

13. Privacy

You agree and consent to us handling your personal information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion. If we amend our privacy policy, we will post the new version on our Website.

14. Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 14 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 14. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 14 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

15. Termination

15.1 Termination

Either party may end this Agreement immediately if the other materially breaches this Agreement.

We may end this Agreement if:

(a) we cease to provide Go Helpie, with 14 days notice;

(b) your Account remains suspended for a period of more than 14 days;

(d) you do not have a Subscription to Go Helpie, then for any other reason after notifying you 30 days in advance of our intention to terminate this Agreement; or

(e) you have a Subscription to Go Helpie, then we may terminate this Agreement prior to any Subscription Period in which case this Agreement ends at the end of the then current Subscription Period.

You may terminate this Agreement with us immediately by ceasing your use of Go Helpie, closing any Go Helpie Account you have and/or notifying us in writing.

15.2 Actions upon termination

Upon Termination you must immediately stop using Go Helpie, we reserve the right to permanently erase any data associated with your Account (including you perks, belts, badges and streaks) and you will no longer have access to your Account.

16. General

Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in their rights under this Agreement without the other party’s consent, which must not be unreasonably withheld.

Entire agreement - This Agreement sets out all the parties’ rights and obligations relating to the subject matter of the Agreement, and it supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.

Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.

Governing law - This Agreement is governed by and is to be construed in accordance with the laws applicable in Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland.

Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to Go Helpie or sent via the facilities made available to you on our Website.

Relationship of the parties - Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between the parties.

Survival – Clauses 8 , 9 , 12 , 14 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.

Severance - If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in full force and effect.

Variations to this Agreement - We may vary this Agreement at any time by posting, with 30 days notice, the new Terms of Use on our Website. If you do not accept the terms of the variation, you may terminate this Agreement in accordance with clause 15. If you have a Subscription for Go Helpie, the new terms apply from the end of the then current Subscription Period, otherwise they apply at the end of the 30 day notice.

17. Definitions

Account means the username and security credentials used to access Go Helpie.

Agreement means this Go Helpie terms of use.

Fees mean both Subscription Fees and Pay Per Use Job Fees.

Go Helpie takes its meaning from clause 1.

Go Helpie P/L means Go Helpie Pty Ltd ACN 664 026 395.

Intellectual Property takes its meaning from clause 12.

Job means a position provided to a Volunteer by an Organisation.

Job Credit or Credit means the credit required to list an Opportunity, measured based on the number of Job applicants requested.

Manager means a User of an Organisation who has authority to transact on behalf of that Organisation.

Opportunity means an opening at an Organisation where a Volunteer may apply for a Job.

Organisation means a User of Go Helpie who advertises Opportunities.

Pay Per Use Job Fee means the price payable for Job Credits if purchased on a pay per use basis.

Prohibited Content takes its meaning from clause 7.2.

Submitted Content takes its meaning from clause 11.

Subscription means an User Account attached to a Subscription Package, whether that Subscription Package has a Subscription Fee attached or not.

Subscription Fee means the periodic price for the Go Helpie platform Subscription Package as set out on our Website.

Subscription Package means one of the Organisation or Volunteer subscription packages available to Volunteers and Organisations advertised on our Website from time to time.

Subscription Period means the term of a Subscription Package as set out in the details of that Subscrition Package.

User means any person accessing or otherwise using Go Helpie.

Volunteer means a User who is seeking a Job or otherwise responding to a Opportunity via Go Helpie.

Website means the site located at https://www.gohelpie.au/ and any of its subdomains.

Schedule 1 Organisation terms

If you are a Organisation using Go Helpie then you acknowledge and agree to the following terms in this schedule.

1 Fees and Job Credits

1.1 Subscriptions

Your Organisation’s Subscription to Go Helpie will commence when you create an Account for the Go Helpie platform and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 15.

If you create an Account on behalf of an Organisation, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

If this Agreement is not terminated in accordance with clause 15 , prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

1.2 Fees

Subscription Packages may have periodic Subscription Fees attached. By subscribing to a particular package you agree to pay the Subscription Fee.

You acknowledge and agree that in order to post a Opportunity you must use Job Credits. Job Credits may be obtained by signing up to a Subscription Package with Job Credits attached or may be procured on a pay per use basis.

Unless expressed otherwise, all Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement. You acknowledge that our Fees once processed are non-refundable, except as otherwise required by law.

You are responsible for all bank fees and charges applied by the financial services provider, which you choose to use.

1.3 Job Credits

You acknowledge that Credits are non-refundable or convertible into cash, except as otherwise required by law. If Job Credits remain unused at the end of the current Subscription Period, they may be forfeited, unless otherwise specified in the Subscription Package to which the Organisation subscribed.

2 User and Account security

Organisations are solely responsible for managing that Organization’s Users and granting and removing any authorities of its Users.

Each Organisation must have a Manager and by granting a User a Manager Account that Organisation warrants that it is responsible for all transactions its Managers enter into on its behalf.

3 Transactions between you and Volunteers

3.1 Not a party

You acknowledge that we are not a party to the relationship or any dealings between you and any other User of Go Helpie. Without limitation, you are solely responsible for:

(a) determining the suitability of any Volunteer before entering into a contract or other arrangement with them;

(b) negotiating, agreeing to, and executing any terms or conditions of any arrangement you have with a Volunteer;

(d) complying with any legal obligations you have in relation to health and safety, workplace, privacy or any other law.

3.2 No guarantees

We do not undertake any due diligence, vet or otherwise perform background checks on Volunteers. Your selection of Volunteers for an Opportunity is solely your responsibility and at your own risk.

Schedule 2 Volunteer terms

If you are a Volunteer using Go Helpie then you acknowledge and agree to the following terms in this schedule.

1 Subscriptions

Your Volunteer Subscription to Go Helpie will commence when you create an Account for the Go Helpie platform and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 15.

2 Transactions between you and Organisations

You acknowledge and agree:

(a) we provide a service to Organisations who advertise Opportunities and we are not the Organisation or agent of those Organisations;

(b) that the descriptions and other details provided in a Opportunity are provided by the Organisation and not us; and

You are solely responsible for determining the suitability of any Opportunity or Organisation before engaging with them further.

3 Use of your Submitted Content and applications

You are solely responsible for the content of your application for Opportunities and other content you submit to Go Helpie. The prohibitions set out in clause 7 apply equally to the content of your application for Opportunities as it does to other Submitted Content.

By submitting an application and other profile data relating to you, you authorise us to supply that information to the Organisation who posted the Opportunity which you applied for.

4 Perks, badges, belts and streaks

You acknowledge and agree that while certain Opportunities come with perks, those perks may contain limitations and are made available at the sole discretion of the Organisation or other entity making them available.

You acknowledge and agree that badges, belts, streaks, perks and other features made available through Go Helpie are not convertible into cash. All such badges, belts, streaks, perks may be deleted when you close your Account