Terms and Conditions

As at: 4 October 2016 version 0.2

Timebanking is provided to you by the NSW Department of Family and Community Services (the Administrator). To participate in Timebanking, you must become a timebanking member by having a member account. By participating in Timebanking and becoming a Timebanking member, you agree to these terms and conditions.

These terms and conditions may change from time to time. The modified terms will be available on the website and will apply from the date on the top of this page. If you continue to use the Timebanking website after this date, you accept the modified terms.

1. MEMBERSHIP & PARTICIPATION

1.1. It is free to become a Timebanking account holder (Timebanking Member).

1.2. To be a Timebanking Member, you must be:

(a) either an individual over the age of 18, an entity (such as an organisation or company); and

(b) located in Australia or New Zealand.

1.3. Unless otherwise permitted by the Administrator, you must not be an individual or an entity that has had any Timebanking account previously cancelled by the Administrator as a result of breaching these terms and conditions.

2. ACCOUNTS, USERNAMES AND PASSWORDS

2.1. Accounts

(a) To create a member account, follow the instructions on the Timebanking website to set up a Timebanking account.

(b) Unless otherwise authorised by the Administrator, you may only operate one account.

(c) You must set up your Timebanking account by providing:

(i) your legal name; and

(ii) accurate and true information as required by the account registration form.

(d) If your account details change, you should update your account details with accurate and true information as soon as practicable.

(e) The Timebanking website allows you to control the account details that will be shared with other Timebanking Members.

2.2. Responsibility for account use

You must keep your password information secure. You are responsible for all use of your Timebanking account, whether or not you have authorised it.

3. TIMEBANKING SERVICES

3.1. You may advertise and provide a variety of services using the Timebanking website. An advertisement to provide services is an invitation to treat and does not constitute an offer that is capable of acceptance. You and the Timebanking Member requiring the services must agree for the services to proceed.

3.2. You should only provide Timebanking services if you are a fit and proper person to provide the services, and reasonably believe that you have the capability, skills and necessary qualifications to provide those services. For example, if you have an illness or medical condition you should not undertake any activities that would adversely affect your health. You must ensure that you have all required licences and consents, relevant insurances, and comply with the law when you provide any Timebanking services.

3.3. If you wish to advertise and provide Timebanking services that involve child-related work as a volunteer, the law requires that you undergo a Working with Children Check and to make the necessary declarations. These Checks are free in NSW for volunteers.

3.4. You must act ethically in advertising and providing Timebanking services, consistent with the norms of Timebanking.

3.5. You must only use the Timebanking website to post advertisements or provide services that are legal. You must not advertise or provide services that:

(a) are misleading or deceptive, or make false claims or representations;

(b) promote any illegal activities; or

(c) infringe any third party right, including intellectual property, publicity, privacy or proprietary rights.

3.6. If the Administrator considers that you are making any illegal use of the Timebanking website, or providing illegal services, it may commence legal proceedings or report the matter to the relevant law enforcement authorities. This is in addition to any other rights the Administrator has at law and under these terms and conditions.

3.7. The Administrator may remove any content posted by a Timebanking Member that the Administrator considers to be harmful, threatening, unlawful, defamatory, abusive, harassing, obscene, pornographic, sexually explicit, fraudulent, hateful, or promoting racism, bigotry, harms any group or individual, or is contrary to the norms of Timebanking.

4. GENERAL OBLIGATIONS

4.1. You must not use the Timebanking website to:

(a) upload, post, transmit, share, store or make available by any means any content that is restricted by password or hidden from an accessible webpage;

(b) use or attempt to use another Timebanking Member’s account without the Administrator’s authorisation;

(c) engage in any activities which involve unsolicited advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, surveys, contests, sweepstakes, barter, and mass mailing;

(d) collect usernames, email addresses or other contact information of other users by using automated scripts or other means for the purpose of sending unsolicited emails, or unauthorised linking or framing of the website; or

(e) do anything that could damage, disable, overburden, impair or interfere with the proper operation of the Timebanking website.

5. TIME CREDITS

5.1. One hour spent providing Timebanking services to another Timebanking Member is equivalent to one hour of time credit that can be used to receive Timebanking services from another Timebanking Member. The time credit accrued for services is rounded to the nearest half hour. The time credit received for Timebanking services is not dependent on the market value or retail cost of those services.

5.2. Time credits earned via Timebanking may only be used in accordance with these terms and conditions. There are limits on the time credits that can be accrued and used (see section 9 below). Time credits are not transferable (other than donations to the Timebanking Community Chest), cannot be used for other community based exchange systems (unless provided for in these terms and conditions), and cannot be converted to cash.

6. BANKING TIME

6.1. Only hours spent providing Timebanking services to other Timebanking Members can be banked and recognised as time credit. The time credit accrued for services is rounded to the nearest half hour.

6.2. You are able to access a record of the time credits accrued by logging into the Timebanking website. You will not be able to access the details of the past services provided to other Timebanking Members.

6.3. If you have provided services to another Timebanking Member, you should record it on the Timebanking website as soon as possible. You must record the duration of your services fairly and accurately. The Timebanking website contains instructions on how to record the time accrued providing Timebanking services.

6.4. An email confirmation of the Timebanking services provided, and the time claimed, will then be sent to the Timebanking Member which has received your services.

6.5. The Administrator may request Timebanking Members for further information about any of the Timebanking services provided amongst Timebanking Members, e.g. to determine whether time credits have been validly earned and banked. You must promptly provide assistance and comply with any request for further information that is reasonably requested by the Administrator.

7. DONATION OF TIME CREDITS TO THE TIMEBANKING COMMUNITY CHEST

7.1. You may donate any or all time credits that you have earned to the Timebanking Community Chest. Instructions for donating to the Timebanking Community Chest are set out on the Timebanking website.

7.2. If you agree to donate time credits to the Timebanking Community Chest, you acknowledge and agree that:

(a) time credits donated to the Timebanking Community Chest cannot be retracted or withdrawn once they have been donated;

(b) you cannot donate more time credits than you have banked; and

(c) time credits donated to the Timebanking Community Chest may be used as the Administrator sees fit (including, re-allocating them to other Timebanking Members or Organisations). You cannot direct how time credits that are donated will be dealt with by the Administrator. However, you may also gift your time credits to any other member.

8. TIME CREDIT LIMITS

8.1. The initial balance for all Timebanking Members is 0 hours of time credit. You may receive services using the Timebanking website without any time credits up to a limit of 8 hours (if you are an individual), or 20 hours (if you are an entity). The Timebanking Member that provides the Timebanking services to you will still accrue time credits for the services provided to you.

8.2. If you accrue 60 hours or more in time credits, you must reduce your time credits to under 60 hours by:

(a) using the time credits to receive services advertised by other Timebanking Members; or

(b) donating the time credits to the Timebanking Community Chest.

8.3. The Administrator may by notice to you take steps to enforce the limits set out in this section 8, including by cancelling your Timebanking account, or donating or cancelling time credits above 60 hours that you have accrued.

9. INACTIVE ACCOUNTS

9.1. If there has been no activity in relation to your Timebanking account for a period of 12 months or more, the account will be considered by the Administrator to be inactive. The Administrator may, by email notice to you, cancel your Timebanking account. Any time credits you have will be forfeited.

If you still wish to participate in Timebanking, you will need to set up a new Timebanking account. You will not be able to recover time credits from your previous Timebanking account as they have been forfeited.

10. CANCELLING ACCOUNTS

10.1. You may request cancellation of your Timebanking account by contacting the Administrator by email. The Administrator will cancel your Timebanking account as soon as practicable. Any time credits you have are forfeited. You will no longer be able to log into your Timebanking account.

10.2. The Administrator may, without limiting its rights, suspend or cancel your Timebanking account:

(a) for any reason by sending you an email notifying you of the cancellation; or

(b) without notice, if you commit a serious breach of any of these terms and conditions; or

(c) on at least 14 days’ notice by email, if you commit breach (other than a serious breach) of any of these terms and conditions.

10.3. If your Timebanking account is cancelled for any reason, you will not be able to access your account details and you will forfeit all time credits.

11. GENERAL ADMINISTRATOR RIGHTS

11.1. In addition to the Administrator’s other rights under these terms and conditions, the Administrator may at any time for any reason:

(a) suspend your use of the Timebanking website;

(b) cancel any or all the services and functionality offered on the Timebanking website;

(c) make modifications to your Timebanking account and time credits balance;

(d) remove or modify any content, including advertisements, that you post on the Timebanking website; or

(e) block access to all or any part of the Timebanking website.

12. ACKNOWLEDGEMENTS AND CONSENTS

12.1. You acknowledge and consent to the Administrator collecting and storing information about you in connection with Timebanking, and using that information to operate the Timebanking website, improve and further Timebanking in the community, and to keep proper records during and after your participation in Timebanking.

12.2. The information you provide also may be provided to 3rd party researchers who are undertaking research on the Administrator’s behalf in relation to Timebanking. Any personal information provided to those researchers will be unidentifiable.

12.3. You acknowledge that the Administrator may, but is under no obligation whatsoever, to monitor the Timebanking website (including any content and any advertisements posted by Timebanking Members). The Administrator makes no promises or representations in relation to the type, skill, qualifications, expertise or availability of persons that become Timebanking Members, nor the services or advertisements provided by them, including its legality, truth, accuracy, or suitability.

12.4. You must exercise care and caution when interacting with people you do not know. You take full responsibility for participating in Timebanking (including using the Timebanking website, and receiving services from and providing services to other Timebanking Members), and do so at your own risk.

13. DISCLAIMERS

13.1. The Administrator is not responsible or liable in any manner for:

(a) the accuracy, truth, appropriateness, completeness of any content posted by Timebanking Members on the Timebanking website, including content in breach of section 3, that you may be exposed to while using the Timebanking website;

(b) any Timebanking Member’s online or offline conduct, including activities that are in breach of sections 3 and 4;

(c) the deletion and removal of your content (including advertisements);

(d) any errors that may be in the Timebanking website content or the accrual or use of time credits;

(e) any delay, suspension or cancellation of the Timebanking website to you (including your Timebanking Member account);

(f) your content, the Timebanking website being error-free, defect-free or free from interruption, external intruders (hackers), virus or worm attacks, denial of service attacks, and persons having unauthorised access to the Timebanking website or systems; or

(g) the services advertised by Timebanking Members, including the nature, quality or suitability of the services advertised.

13.2. Any information provided on the Timebanking website (including any content and any advertisements posted by Timebanking Members) is for information only and is not intended, and should not be taken or relied on, as advice. Unless expressly stated by the Administrator, the Administrator does not recommend or endorse any views, opinions, advice, recommendations (including any content and any advertisements posted by Timebanking Members) on the Timebanking website.

14. LIABILITY

14.1. The Administrator accepts no liability for any loss, liability, damages, expenses, costs or charges of any kind whether arising in tort (including negligence), equity or otherwise which you suffer or incur arising from or in connection with your participation in Timebanking (including your use of the Timebanking website, and the services you receive from and provide to other Timebanking Members).

14.2. Any representation, warranty, condition or undertaking that would be imposed by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent allowed by law.

15. INDEMNITY

15.1. You indemnify the Administrator (including its personnel) from any loss, liability, damages, expenses, costs or charges of any kind which the Administrator (including its personnel) suffers or incurs arising from or in connection with your participation in Timebanking (including your use of the Timebanking website, and the services you receive from and provide to other Timebanking Members).

16. TAX IMPLICATIONS

16.1. You are responsible and liable for any tax or other liabilities incurred in relation to Timebanking services you provide to or receive from other Timebanking Members. Timebanking does not warrant or represent that it has examined the tax implications of any transaction that a Timebanking Member may enter into. If you are unsure about the tax or other liabilities that may arise in relation to the Timebanking services you provide or receive, you should obtain accounting and financial advice on this issue.

17. DISPUTES

17.1. If any dispute arises between Timebanking Members, the Timebanking Members that are in dispute should attempt to resolve the dispute. If the dispute is not resolved between the Timebanking Members that are in dispute, the dispute may be referred to the Administrator for mediation.

18. GENERAL

18.1. Your agreement to these terms and conditions does not create a relationship of partnership, employment, principal and agent, or of trustee and beneficiary.

18.2. These terms and conditions are governed by the laws of New South Wales, Australia. Timebanking Members agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.