Terms of Agreement
1. These terms of agreement
Please read these terms of agreement carefully as they apply to your membership of the Sharehood community and to your use of the Sharehood website (“website”). By using the website you agree to be bound by these terms, which may be revised from time to time by updating this posting. You'll be asked to agree to any changes the next time you log in. The revised terms take effect when they're posted.
2. Communications and interactions
It's your responsibility to make clear arrangements regarding the exchange or provision of resources. Once you've agreed on the details of an exchange or provision of resources, you must fulfil your part of the agreement. If you're unable to do so or you want to change the arrangements, you must advise your Sharehood neighbour (“neighbour”) as soon as possible.
To enable your neighbours to make arrangements with you and to change them (where necessary), you must provide sufficient and up-to-date contact details.
When communicating and interacting with your neighbours, you must:
* Respect others – including their time, safety, privacy and personal space;
* Provide accurate information about the resources you're offering or seeking;
* Provide a safe and healthy workplace (if applicable); and
* Not knowingly put a person in danger.
3. Loaning and Trading Goods
When loaning or trading household goods, equipment, machinery, vehicles, clothing, garden produce, compost etc. (referred to as “goods”), it's the responsibility of the receiver to confirm the suitability, quality and condition of the goods. Goods are provided on an "as is" basis without warranty of any kind. Nonetheless, the provider of the goods must provide information on any risks associated with the goods, to the best of their knowledge.
When loaning or trading goods, the receiver bears all the risks. While the goods are in the possession or control of the receiver, the receiver is liable for any damage or injury caused by the goods, whether directly or indirectly. If the goods themselves are damaged, the receiver must pay for the repair, unless otherwise agreed.
The receiver of loaned goods must return them at the agreed time and in the same (or better) condition.
4. Provision of Skills and Services
Before a neighbour provides you with their skills or services, it's your responsibility to confirm the suitability and quality of the skills or services. You agree to bear all the risk. Skills and services are provided without warranty of any kind.
5. Your use of the Website
You mustn't post any content that:
* you don't have the right to post;
* is false, misleading or deceptive;
* is racist, obscene, threatening, harassing, defamatory, discriminatory, indecent, menacing, sexually explicit or illegal;
* infringes any privacy rights, copyright, moral rights or other intellectual property rights or misuses someone’s confidential information;
* impersonates another person or is otherwise misleading as to the origin of any content; or
* contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware.
Any content which breaches these requirements may be removed from the website .
You mustn't use the website to collect neighbours’ email addresses and contact details, or to send unsolicited communications including chain letters, mass mailings or any form of spam.
6. Access
The website is provided and maintained by the Sharehood Inc, a non-profit incorporated association. The Sharehood Inc does not warrant that you'll have continuous access to the website and reserves the right to amend information provided, to cease providing information and to limit or deny your access to the website.
The Sharehood Inc has put in place certain security systems but doesn't warrant that the website or the information contained on it won't be subject to unauthorised access.
You can terminate your website account at any time by emailing the Sharehood Inc at support@thesharehood.org. The Sharehood Inc may terminate your account immediately, for any reason and at any time, by notifying you at your last nominated email address.
The website may contain links to other websites. If you choose to access linked websites, you do so at your own risk. The Sharehood Inc is not responsible for and won't be liable for the content or operation of those linked websites nor for any of the goods and services they may describe. The Sharehood Inc is not responsible for and will not be liable for any incorrect link to an external website.
7. Profile, username and password
You acknowledge that your profile (which includes your username and, at your option, your phone numbers) will be available for viewing by your neighbours.
You are responsible for maintaining the confidentiality of your username and password. You agree to be liable if your username or password is used by an unauthorised person.
If you believe your username or password has been compromised, please contact the Sharehood Inc immediately by emailing support@thesharehood.org.
8. Local currency
The Sharehood Inc operates and maintains a trading system in local currency units called Samaras. The rules and guidelines that apply to the trading system are detailed in the “Resources” section of the website.
You acknowledge that your account balance may be able to be viewed on the website by your neighbours.
9. Your image
You consent to the use of your image in photos on the website or in publications or other materials for the purpose of promoting the Sharehood,
unless you notify us to the contrary by emailing the Sharehood Inc at contact@thesharehood.org.
10. No Liability
The Sharehood Inc merely provides an online venue for neighbours to communicate, offer, trade, exchange, interact and make arrangements. The Sharehood Inc is not involved in any transactions or arrangements between neighbours and has no control over and, to the extent permitted by law, makes no warranties in relation to the suitability, quality, safety or legality of any content or any resources advertised, the accuracy of any listings or the ability of any neighbour to complete a transaction or act lawfully in using the website.
You release and indemnify the Sharehood Inc, its members, employees and agents, or any other person involved in creating, producing or delivering the website (“indemnified party”) from and against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) which any indemnified party may suffer as a direct or indirect result of:
* your use of the website;
* the use by another person (whether authorised or unauthorised) of your Sharehood username or password;
* the provision or use, by you or another person, of any resources whether or not through the website;
* your transactions or dealings with your neighbours; and
* any event, activity or function organised between neighbours whether or not through the website.
If you have a claim or action against a neighbour arising from any of the above, you agree to pursue such claim or action independently of and without any demands from the Sharehood Inc, its members, employees and agents, and you release the Sharehood Inc, its members, employees and agents, from all claims, liability and damages arising from or in any way connected to the claim or action.
11. Disputes
Any dispute, controversy or claim between you and a neighbour which results from or is in connection with your membership of the Sharehood community or the use of the website (“dispute”), must be dealt with in accordance with this clause.
If a dispute occurs, each party agrees to negotiate with the other for at least two weeks to try and resolve the dispute amicably.
If the dispute can't be resolved, the parties must try to settle the dispute with the help of a neighbour. The parties agree to select a neighbour (if a single neighbour can’t be agreed upon, each party can choose one neighbour as its representative) to negotiate the dispute for a further period of at least two weeks.
If the dispute still can't be resolved, the parties agree to try to settle the dispute by mediation. Unless otherwise agreed by the parties, the mediation will be administered by the Australian Commercial Disputes Centre (or comparable organisation) and conducted in accordance with their mediation guidelines.
No party to a dispute may commence legal proceedings concerning the dispute unless the parties have attempted to resolve the dispute in accordance with this clause.
12. Jurisdiction
These terms of agreement are governed by the law of the State of Victoria, Australia. Any dispute arising out of this agreement or the use of the website will be determined by the courts of that state and their appellate courts.
13. Surviving clauses
Clauses 9, 10 and 11 survive the expiration or termination of these terms of agreement and continue to apply to you even if you no longer use the website or your website account has been terminated.
