Support Crew Terms
Support Crew warmly welcomes you to our online support platform. Our purpose is to build more resilient communities and our to make sure Kiwis get the right help at the right time when they are dealing with major life events like cancer.
Please make sure you read these terms carefully before using the Support Crew platform.
In these Terms, the following Definitions have the following meaning:
“ Agreement ” means these Terms as amended by Support Crew and communicated to you pursuant to these provisions;
“ Intellectual Property Right ” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
“ Platform” means Support Crew’s provision to You of an on-line support platform or service, provided and hosted by Support Crew to as a webpage service via the domain www.supportcrew.co (or other domains Support Crew operates) for helping build communities to easily co-ordinate meals and help for those in need. It includes any information, software, documents, communications, images, podcasts, text, files, graphics, videos, blogs, tools, content, forums, and resources.
“ Support Crew ” means “we” , “us” or “our” , “Daffodil Enterprises Limited trading as Support Crew”, and its successors and ancillary Companies;
“ Support Page ” means any information, communication or images or set-up by You or another registered user on the Platform for someone in need.
“ You ” means you, the person registering to use the Platform, and “ Your ” has a corresponding meaning;
2.2 Support Crew reserves the right to amend these Terms at any time, and when we do we will make every effort to communicate any amendments to You via email or notification via the Platform. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Platform.
2.3 By registering to use the Platform You acknowledge that You have read and accept these Terms. Your acceptance of these Terms constitutes an Agreement between You and Support Crew.
- YOUR OBLIGATIONS
3.1 Your General Obligations
Support Crew grants you the right to access the Platform. You must only use the Platform for Your own lawful purposes, in accordance with these Terms and notices sent to You by Support Crew or posted via the Platform.
3.2 Support Pages and Accounts
(a) If You are setting up a Support Page for someone else, you must first have that person’s express consent to do so.
(b) You must respect the privacy of other people. You must only post information or materials about someone else that You have express permission to post.
(c) You agree to register and create one account and one Support Page per person and agree to keep your account and Support Page information up to date, current and relevant.
(d) Support Crew may merge and/or delete any duplicate accounts or Support Pages.
(e) You may request that your account or Support Page be deleted at any time for any reason.
(f) Support Crew may at any time disable or delete any Support Page, account or post if it, acting reasonably, believes there is any breach of these Terms, or that there is any risk to the reputation of Support Crew.
3.3 Access conditions
(a) You must keep all usernames and passwords required to access the Platform confidential. So we can make sure that our data is secure, You must immediately notify Support Crew of any unauthorised use of Your password or username or any other breach of security. Where any breach of security occurs, You must follow any instructions that Support Crew gives You to maintain or enhance the security of Support Crew’s Platform and systems. ;
(b) As a condition of these Terms, when accessing and using the Platform, You must not:
(i) attempt to undermine the security or integrity or functionality of Support Crew or any one else’s computing systems or networks;
(ii) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access;
(iii) transmit, or post to the Platform, any: files that may damage Support Crew or any other person’s system or software, content that may be offensive, or material in violation of any law (including Data or other material protected by copyright which You do not have the right to use); and
(iv) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programmes used to deliver or operate the Support Crew Platform.
3.4 Communication Conditions
(a) You agree only to communicate for lawful purposes. You must not post any material or information that may be offensive to any other users of the Platform, is defamatory, threatening or harassing, obscene or that Support Crew (acting reasonably) believes is inappropriate;
(b) You must ensure that information You give Support Crew about Yourself is accurate. You must not impersonate anyone, falsify information or misrepresent Yourself.
© Support Crew does not control or endorse the content, of any material posted on the Platform and therefore has no liability with regard to any communication or actions resulting from any communication on the Platform. Support Crew reserves the right to remove any communication at any time in its sole discretion.
3.5 Connections with Others
Through this Platform, Support Crew provides the ability for You and others to arrange to provide services to, or receive services from others. Those services may involve direct physical meeting or interaction at Your or someone else’s home, or at another location. Support Crew does NOT supervise any of these services or any of the locations at which services may be provided. You must always take sensible steps to look after your own safety. Support Crew is not responsible in any way for the actions of anyone providing or receiving services, or meeting in connection with services.
3.6 Affiliate Services
Support Crew provides access and links through the Platform to affiliate services, such as meal delivery services, to make it easier to find other service providers. If You access any affiliate services, You are responsible for understanding the quality of that service and the terms on which that service is provided Support Crew is not responsible for Your access to and/or use of those affiliate services or the information they provide. You acknowledge the Support Crew may receive a commission when you link through to affiliate services.
- WARRANTIES AND ACKNOWLEDGEMENTS
4.1 Exclusions and warranties
(a) Support Crew does not warrant that the use of the Platform will be uninterrupted or error free.
(b) The provision of, access to, and use of, the Platform is on an “as is” basis and at Your risk. It is Your sole responsibility to determine that the Platform is appropriate for your needs; Support Crew gives no warranty about the Platform. Without limitation, , Support Crew does not warrant that the Platform will meet Your requirements or that it will be suitable for any particular purpose. To the extent permitted by law, all implied conditions or warranties are excluded.
4.2 Consumer Guarantees
You agree that You are acquiring the right to access and use the Platform for personal use, and to the maximum extent permitted by law, any statutory consumer guarantees (such as without limitation the Consumer Guarantees Act 1993) or legislation intended to protect business consumers in any jurisdiction does not apply to the supply of the Platform.
5.1 Support Crew excludes all liability to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, posts, and monetary savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Platform.
5.2 If You suffer loss or damage as a result of Support Crew’s negligence or failure to comply with these Terms, any claim by You against Support Crew arising from Support Crew’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to Support Crew re-supplying use of our Platform to you.
5.3 If You are not satisfied with the Platform, Your sole and exclusive remedy is to terminate these Terms in accordance with these provisions.
5.4 The Platform is provided to You at no charge. You indemnify Support Crew against any claims or loss relating to:
(a) Support Crew’s refusal to provide any person access to information or posts on Support Pages you are associated with;
(b) Support Crew making available to anyone else information or posts that You have made.
6.1 Use of Your information
(b) For the avoidance of doubt, Support Crew will not disclose, rent or sell any personal information about You.
- INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in the Platform and any related materials remain the property of Support Crew.
7.2 Ownership of Your Information
Any Intellectual Property Rights in information You provide remains Your property, although you acknowledge we use that information for the purposes of the Support Crew Platform services.
7.3 Backup of data
Support Crew adheres to its best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of data. You should back up any data that is material to you.
Default is where You:
(a) breach any of the Terms and such breach is not remedied within 14 days after receiving notice of the breach, if the breach is capable of being remedied;
(b) breach any of these Terms and the breach is, in Support Crew’s reasonable opinion, not capable of being remedied.
In the event of Default, Support Crew may take any or all of the following actions, at its sole discretion:
(c) terminate this Agreement and Your use of the Platform;
(d) suspend or terminate Your access to the Platform or all or any information on the Platform.
8.2 Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms You will immediately cease to use the Platform.
8.3 Support Crew’s remedies under this Agreement and at law shall not merge on termination of this Agreement.
9. GENERAL TERMS
9.1 Entire Agreement
The Terms as amended from time to time, together with terms of any other notices or instructions given under these Terms , supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Support Crew.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
9.4 Prohibition on Assignment
You may not assign or transfer any rights to any other person without Support Crew’s prior written consent.
9.5 Governing Law and Jurisdiction
You acknowledge that these Terms and the provision of the Platform are governed by New Zealand law. You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Support Crew must be sent to firstname.lastname@example.org or to any other email address notified by email to You. Notices to You will be sent to the email address which You provided when setting up Your access to the Platform.
9.8 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.