Last Updated – 28 August 2023
In these Terms:
Give Store means the Service where you can order and pay for goods and services for yourself and/or people you support.
Product means a good or service that can be ordered on the Give Store.
Services means the services we provide at www.supportcrew.co or any replacement domain, including access to:
(a) the Give Store at www.give.supportcrew.co; and
(b) Support Pages at www.app.supportcrew.co.
Supplier means the third party supplier of Products on the Give Store.
Support Page means any page set-up by you or another registered user of the Service for someone in need. It includes information, communication or images uploaded to the Support Page.
You means the person registered to use our Services. Your has a corresponding meaning.
We means Daffodil Enterprises Limited, trading as “Support Crew”. Us and our has a corresponding meaning.
By registering and using our Services, you represent that you are at least 18 years old and have read and accepted these Terms. Your acceptance of these Terms constitutes an agreement between you and us.
The Terms govern use of all our Services and may not be amended by you. We may amend these Terms at any time, but if we make any amendments that materially affects you we will communicate the amendments to you via email or notification on our Services. It is your obligation to ensure that you have read, understood and agree to the most recent Terms.
ACCESS TO OUR SERVICES
3.1 Access right
We grant you the right to access our Services. You may only use our Services for lawful purposes, in accordance with these Terms and notices we send to you by email or post on our Services. We reserve the right to refuse or remove your access to our Services at any time.
3.2 Passwords and Security
You must keep your username and password for our Services confidential and are responsible for all use of our Services from your account. So we can make sure that our data is secure, you must immediately notify us 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 we give you to maintain or enhance the security of our Services.
3.3 Access Conditions
When accessing and using our Services, you must not:
(a) attempt to undermine the security or functionality of our or anyone else’s computing systems, networks or data;
(b) attempt to gain unauthorised access to any materials or functionality other than those to which you have been given express permission to access;
(c) transmit or post to our Services: any files that may damage our or anyone else’s computing system, network or data; any content that may be offensive, defamatory, threatening, harassing, obscene or that we (acting reasonably) believe is inappropriate; or any material in violation of any law (including material protected by copyright which you do not have the right to use);
(d) infringe anyone’s rights, including intellectual property or privacy rights; or
(e) attempt to sell, modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programmes used to deliver or operate our Services.
We use the personal information that you provide via our Services in accordance with our Support Crew Privacy Notice. If you want to provide someone else’s personal information to our Services, you must have their permission first. You must not use our Services to collect or track anyone else’s personal information.
You must ensure that the information you give us is accurate. You must not impersonate anyone, falsify information or misrepresent yourself.
3.6 Posted Material
We do not control or endorse any material posted on our Services and therefore have no liability with regard to any posted material, or actions resulting from any posted material. We reserve the right to remove any posted material at any time in our sole discretion.
3.7 Backup of data
We adhere to our 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.
SUPPORT PAGE OBLIGATIONS
The Support Page helps those dealing with life changing events to easily co-ordinate the meals and support they need from their support network.
4.1 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 only one account, not create a Support Page for anyone who already has a Support Page, and keep your account and Support Page information up to date, current and relevant. We may merge and/or delete any duplicate accounts or Support Pages.
(d) You may request that your account or Support Page be deleted at any time for any reason. We 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 our reputation.
You indemnify us against any claims or loss relating to:
(a) our refusal or failure to provide any person access to information or posts on Support Pages that you are associated with; and
(b) our making available to anyone else, any information or posts that you have made.
GIVE STORE OBLIGATIONS
The Give Store gives access to Products, such as meal delivery services, that can be ordered to help someone in need.
Products are listed on the Give Store on an “as available” basis. Product descriptions and prices are subject to change at any time without notice, at our sole discretion. We endeavour to display the colours and images of Products as accurately as possible, but cannot guarantee the accuracy of your computer monitor’s display.
When a Product is ordered through the Give Store, it is then ordered by us from the Supplier:
(a) as agent on your behalf; and
(b) on the Supplier’s standard terms.
In other words, any contract to purchase Product is directly between you and the Supplier. We simply establish that contract on your behalf. You are solely responsible for understanding the Supplier’s terms and conditions on which your Products will be provided. Please use the “contact us” links below, if you want to review any terms and conditions of our Suppliers before you order.
We reserve the right to refuse, change or cancel any order you place with us. For example, if a Product is not available, we may find a similar Product from the same or a different Supplier, so long as the price to you does not increase. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number you gave us. If we cancel, we will refund your payment.
We require payment, using one of our online payment methods, when you place your order. Unless we agree otherwise:
(a) All charges are in NZ dollars and include GST (if any). If your Product is provided from offshore, GST, duties and other taxes may be payable by you.
(b) All payments must be in NZ currency.
The charges may include a margin for us.
5.4 Product Responsibility
Products are provided by third parties, and not by us. We are not responsible for vetting, providing or supervising any Product, or for the actions of any Supplier. If you have issues with a Supplier over a Product, we may be able to help but are under no obligation to do so. You must manage any Product issues or returns with the Supplier.
Products may involve physical interaction at the person’s home or other locations, and certain Products may not be suitable for everyone. You must always ensure the suitability of the Products you order and take sensible steps to look after the safety of yourself and the person in need when using those Products.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The provision of, access to, and use of, our Services is on an “as is” basis and at your risk. It is your sole responsibility to determine that our Services are appropriate for your needs. To the extent permitted by law, we give no warranty about our Services and all implied conditions or warranties are excluded. Without limitation, we do not warrant that our Services will meet your requirements, be available, secure, error free, non-infringing, or that it will be suitable for any particular purpose.
6.2 Exclusive Remedy
If you are not satisfied with our Services, your sole and exclusive remedy is to terminate these Terms in accordance with these provisions.
6.3 Liability Exclusion
You agree that neither us, nor any of our officers, staff, shareholders, or Suppliers will have any 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, our Services.
6.4 Liability Limitation
If you suffer loss or damage as a result of our negligence or failure to comply with these Terms, any claim by you against us arising from that negligence or failure will be limited in respect of any one incident, or series of connected incidents, to us re-supplying the applicable Services 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; or
(b) breach any of these Terms and the breach is, in our reasonable opinion, not capable of being remedied.
In the event of Default, or we otherwise consider it appropriate, we may immediately terminate your access to our Services. Termination does not affect those Terms that were intended to survive termination and is without prejudice to any rights and remedies of the parties accrued up to and including the date of termination.
In the event of Default, or we otherwise consider it appropriate, we may issue you a warning or suspend your use of our Services.
8.1. Intellectual Property
Any intellectual property rights in information you provide remains your property, although you acknowledge we may use that information for services related to our Services. Title to, and all intellectual property rights in, our Services and any related materials are our property.
8.2 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 us.
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.
We are not liable for any delay or failure in performing our obligations under these Terms if the delay or failure is due to any cause outside Our reasonable control.
8.5 Prohibition on Assignment
You may not assign or transfer any rights to any other person without our prior written consent. On written notice to you, we may novate these Terms to an entity that succeeds to all or substantially all of our Support Crew assets and business, provided:
(a) the entity agrees to be bound by our obligations under these Terms with effect from the notice; and
(b) the novation will not, without your written consent, release us from any liabilities or obligations under these Terms in respect of the period before the notice.
8.5 Governing Law and Jurisdiction
You acknowledge that these Terms and the provision of our Services are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms.
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 these Terms 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 us must be sent to email@example.com 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 our Services or ordering Products.
8.8 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.