THE SHARING TREE TERMS AND CONDITIONS 

The Sharing Tree is an on-line platform operated by Uniting (Victoria and Tasmania) Limited ABN 81 098 317 125 (Administrator) through its website at www.thesharingtree.org.au (Website), which allows people and entities to connect with one another and offer and receive help and services (collectively, that help and those services are the Sharing Tree Services). To participate in the Sharing Tree, you must become a Sharing Tree Member by creating an Account (see clauses 1 and 2 below). By becoming a Sharing Tree Member and/or participating in the Sharing Tree and/or accessing the Website, you agree to these terms and conditions (updated February 2022).

The Administrator may change these terms and conditions from time to time. The Administrator will notify you of any changes by posting the modified terms and conditions on this page of the Website. It is your sole responsibility to check this page of the Website whenever you visit it to ensure that you are aware of the current terms and conditions. In addition, if you are a Sharing Tree member, the Administrator may, in its discretion, notify you of any changes by email. Any changes to these terms and conditions will apply whenever you use or visit the Website or use the Sharing Tree after the Administrator posts the modified terms and conditions on it, or such later date (if any) on the top of this page. If you do not agree to these terms and conditions (including any changes to them), please stop accessing the Website, and using the Sharing Tree.

Uniting’s values, Code of Conduct, Duty of Care Protocol and Privacy Statement and any other policies nominated by the Administrator as being applicable to the Sharing Tree (together, Uniting Policies) and the rules applying to Sharing Tree Points (see clauses  5 to 8 below) available at https://www.thesharingtree.org.au/points-guide/ (Points Rules), are incorporated into these terms and conditions by reference. Please read these terms and conditions, the Uniting Policies and the Points Rules carefully before deciding whether to become a Sharing Tree Member and participating in the Sharing Tree.

  1. MEMBERSHIP & PARTICIPATION

1.1      It is free to become a Sharing Tree account holder (Sharing Tree Member); however, you are responsible for your own compliance costs (ie, police checks and working with children checks).

1.2      To be a Sharing Tree Member, you must:

(a)       create an account in accordance with clause 2;

(b)       be either an individual over the age of 18 or an entity (such as an organisation or company);

(c)       be located in Victoria, Australia (and within targeted locations as identified on the Website); and

(d)       at your expense, obtain a satisfactory police records check (which you must repeat every 3 years), an international police check (if you have lived outside of Australia in the last 10 years for 12 months or more), a Statutory Declaration (if you were born outside of Australia and lived there for a period of time after turning 16) and a current Working with Children check (this latter check is free for volunteers in Victoria).

(e) Prior to commencing, a member who is eligible to receive the COVID-19 vaccination must be fully vaccinated and provide evidence of vaccination status to Uniting’s satisfaction in order to maintain membership.  This includes obtaining further COVID-19 vaccinations and boosters during the course of engagement as and when they become available as well as providing evidence of this to the organisation’s satisfaction.

If a member is not medically eligible to be vaccinated against COVID-19, the member must provide Uniting with evidence acceptable to Uniting of having a health condition that prohibits vaccination.  Uniting will consider these circumstances on a case by case basis.

A member who is not fully vaccinated or who fails to provide evidence acceptable to the organisation will impact Uniting’s assessment of the member’s ability to perform their duties and to meet its work health and safety and other obligations, and your engagement with Uniting will not commence.  If  engagement has commenced, and a member has failed to comply with the requirements of this clause, disciplinary action may be taken which may result in the termination of membership.

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

1.4      The Sharing Tree Services you receive from Sharing Tree Members come with no guarantees or warranties (whether express or implied) from the Administrator as to the quality of those Sharing Tree Services, or that those Sharing Tree Services will match or meet your needs. Your acceptance and/or use of Sharing Tree Services from a Sharing Tree Member is at your sole risk.

1.5      The Sharing Tree Services you receive from any Sharing Tree Member are not reviewed, assessed, evaluated, recommended or guaranteed by the Administrator.

1.6      You have the sole right and responsibility to determine whether and when to accept any Sharing Tree Services offered to you.

1.7      Any agreement for Sharing Tree Services shall be made solely by and between two or more Sharing Tree Members.  Each Sharing Tree Member is responsible for assessing whether the terms and conditions of any such agreement are appropriate for the Sharing Tree Member. The Administrator is not a party to, and cannot enforce or assert rights on behalf of any Sharing Tree Member under, and has no liability or obligations under, any such agreement.

1.8      You understand and agree that, although the Administrator may conduct limited background checks on Sharing Tree Members or applicants for membership, the Administrator does not and cannot control, endorse or guarantee the quality or character of any Sharing Tree Member.  You are responsible to make your own decisions regarding other Sharing Tree Members that you engage with through the Sharing Tree.

1.9      You agree that the Administrator is not responsible for the actions of any Sharing Tree Member, and you use Sharing Tree Services at your own risk, and that you will not hold the Administrator responsible, nor will the Administrator assume any liability, for any claims, damages or any other occurrences which may arise from provision or receipt by you of Sharing Tree Services. You acknowledge and agree that you assume all risk and obligation for relying upon the quality, accuracy, reliability, honesty, and trustworthiness of other Sharing Tree Members.

1.10    The Administrator may use third-party verification services to check your and other Sharing Tree Members’, and membership applicants’ information, such as, but not limited to, names, addresses, working with children checks and police checks. You consent to the Administrator conducting such checks on you (and to any third-party verification service provider conducting such checks on you on behalf of the Administrator), and to the Administrator disclosing to other Sharing Tree Members that your information has been verified. You acknowledge and agree that the Administrator does not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the information provided by any third-party verification service provider.

1.11    If the Administrator indicates that a Sharing Tree Member has verified certain information about themselves, it means that that Sharing Tree Member has complied with the process the Administrator has established for verifying such information. However, the Administrator does not guarantee, and nor does it represent or warrant, the accuracy of such information.

  1. ACCOUNTS

2.1      Creating an Account

(a)       To create a Sharing Tree account (Account) and become a Sharing Tree Member, you must follow the related instructions on the Website.

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

(c)       You must set up your Account by providing the Administrator with:

(i)        your full legal name; and

(ii)       accurate and true information as required by the Account registration form available on the Website.

(d)       If your Account details change, you must update them with accurate and true information as soon as practicable.

(e)       Your Account may not be transferred or sold to another party.

(f)        If an individual creates an Account on behalf of a business entity or a community group, that individual represents that they have the authority to bind that entity or group to these terms and conditions.

(g)       You acknowledge and agree that the activation of your Account, and your admission as a Sharing Tree Member, is subject to the Administrator’s approval, which may be withheld in its absolute discretion. Without limiting the Administrator’s discretion, it may withhold its approval where it is unable to conduct the checks on your information referred to in clause 1.10, or the results of those checks are, in its opinion, unsatisfactory.

2.2      Responsibility for use of Account

You will be able to access your Account through a login portal on the Website by using a unique user name and password that you will choose when you create the Account. You must keep your user name and password information secure. You are responsible for all use of your Account, whether or not you have authorised it.

  1. THE SHARING TREE SERVICES

3.1      Subject to these terms and conditions, a Sharing Tree Member may advertise Sharing Tree Services they wish to provide, and/or a need for Sharing Tree Services, using the Website. An advertisement to provide Sharing Tree Services is an invitation to trade and does not constitute an offer that is capable of acceptance. A Sharing Tree Member proposing to provide any Sharing Tree Services, and a Sharing Tree Member wishing to use those Sharing Tree Services, must agree for the Sharing Tree Services to proceed. Each Sharing Tree Member acknowledges and agrees that advertisements and other material posted by them on the Website and/or through the Sharing Tree may be publicly available, including to users of the Website who are not Sharing Tree Members.

3.2      The kinds of Sharing Tree Services that may be advertised and provided through the Sharing Tree are non-medical and non-personal care tasks, rides, the teaching or provision of skills and social activities. The following activities are Excluded Services, and may not be provided through the Sharing Tree:

(a)       services or activities for which the provider requires or expects (whether expressly or by implication) the payment of money or the provision of other valuable consideration (excluding Sharing Tree Points, as provided in clause 5);

(b)       professional services (including medical services);

(c)       childcare services and carers’ respite;

(d)       statutory services to vulnerable people; and

(e)       any other services or activities which the Administrator defines as Excluded Services from time to time.

3.3      A Sharing Tree Member must only provide Sharing Tree Services if they are a fit and proper person to provide the Sharing Tree Services, and reasonably believe that they have the capability, skills and necessary qualifications to provide those Sharing Tree Services. For example, if the Sharing Tree Member has an illness or medical condition, they should not undertake any activities that would adversely affect their health. A Sharing Tree Member must also ensure that they have all licences, consents and insurance cover required by law, and that they otherwise comply with all applicable laws, when the Sharing Tree Member provides or offers or otherwise proposes to provide, any Sharing Tree Services.

3.4      The Administrator does not represent that any insurance policy or policies it holds covers, or is adequate or appropriate for, any particular Sharing Tree Member in connection with any Sharing Tree Services they provide or use. Each Sharing Tree Member is responsible for ensuring that they have, and maintain, sufficient insurance to cover their acts and omissions in connection with Sharing Tree Services provided to other Sharing Tree Members.

3.5      Each Sharing Tree Member must act ethically and in accordance with these terms and conditions (including the Uniting Policies) in advertising and providing Sharing Tree Services.

3.6      You may only use the Sharing Tree to post advertisements for Sharing Tree Services, and may only provide Sharing Tree Services, that are legal. You must not post advertisements or notices on the Sharing Tree which:

(a)       are misleading or deceptive, and you must not make false claims or representations in any such advertisements or notices;

(b)       promote any illegal activities;

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

(d)       are for or in connection with Excluded Services.

3.7      If the Administrator considers that you are making any illegal use of the Sharing Tree or the Website, or providing or proposing to provide Sharing Tree Services which are illegal, the Administrator may take such steps as are lawfully available to it to stop you from doing so and/or report the matter to the relevant law enforcement authorities. This is in addition to any other rights the Administrator has at law or under these terms and conditions.

3.8      The Administrator may remove any content posted on the Sharing Tree by a Sharing Tree 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 these terms and conditions (including the Uniting Policies).

3.9      If a Sharing Tree Member uses a motor vehicle while providing Sharing Tree Services, they must have and maintain a current and valid driver’s licence and ensure that the vehicle is registered and roadworthy as required by law.

3.10    Prior to accepting a ride in a Sharing Tree Member’s motor vehicle, you acknowledge and agree that you assume sole responsibility for checking that the Sharing Tree Member holds a current and valid driver’s licence, and that the vehicle is registered and roadworthy as required by law.

3.11    In accordance with the varying levels of risk associated with Sharing Tree Services, certain types of activities involve additional requirements that Sharing Tree Members must comply with. Additional compliance measures include:

(a)       For food related activities:

  • If handling or preparing food, a Sharing Tree Member must ensure it is done in accordance with all applicable safe food handling laws, regulations and standards, and must have completed any prescribed food safety training.

(b)       For activities involving vulnerable persons:

  • Services specific to vulnerable persons must not be provided through the Sharing Tree. However, additional Administrator risk assessment support in connection with Sharing Tree Services can be provided if a vulnerable person self-identifies when they apply to become a Sharing Tree Member.
  • This risk assessment remains a tool for vulnerable persons to assist in their decision-making. Vulnerable persons can utilise this tool. However, they remain responsible for their own decision-making regarding other Sharing Tree Members engaged through The Sharing Tree.
  • Vulnerable persons are required to self-identify when they apply to become a Sharing Tree Member and contact the Administrator to ensure the appropriate risk assessment is completed specific to each task/activity they are engaged in, or propose to engage in, through the Sharing Tree.

(c)       For equipment related activities, it is the responsibility of the Sharing Tree Member providing the relevant Sharing Tree Services:

  • to ensure they possess the relevant property insurance for the equipment;
  • to complete a risk assessment specific to the task; and
  • to ensure a certified Test & Tag of any electrical equipment offered.

(d)       For providing transport to other Sharing Tree Members, a Sharing Tree Member providing transport must:

  • comply with clause 3.9; and
  • complete a Uniting volunteer driver’s agreement.

(e)       For skilled and trade services:

  • A Sharing Tree Member must only provide such services as Sharing Tree Services if they are a fit and proper person to provide them, and they reasonably believe that they have the capability, skills and necessary qualifications to provide those services. This includes the manual skills and specialised training required of the relevant trade and the knowledge, academic qualifications and continued practice required of a specialised activity or task.
  • Sharing Tree Services are limited to general information provision rather than personal advice and exclude health care services, mental health services and the provision of statutory services to vulnerable people.
  • Each Sharing Tree Member must ensure they have all required licences and consents and comply with the law when providing Sharing Tree Services.
  • Personal accountability for selecting any Sharing Tree Service is placed on the Sharing Tree Member using or proposing to use that Sharing Tree Service.
  • If a skilled person wishes to become a Sharing Tree Member and use their skills in the provision of Sharing Tree Services, they must do so under their own insurance policy.

3.12    You may have obligations (as a provider of Sharing Tree Services), and you may have rights (as a user of Sharing Tree Services), under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in schedule 2 of that Act) or under similar State and Territory legislation. You acknowledge and agree that you are solely responsible for complying with any such obligations, and enforcing any such rights, and that the Administrator will not do so on your behalf.

  1. GENERAL OBLIGATIONS

4.1      You must not use the 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 Sharing Tree 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, or 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 Website.

4.2      You must remain proactive regarding safety and wellbeing, including:

(a)       taking reasonable care of yourself and others when participating in the Sharing Tree;

(b)       following all health and safety policies and procedures, report any observed hazards or injuries to the Administrator or the relevant authorities, and participate in the management of health and safety risks in line with all applicable Uniting Policies, and comply with the Uniting commitment to being a smoke-free workplace; and

(c)       providing photo identification for in person provision of Sharing Tree Services.

4.3      You grant the Administrator a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide licence, of any and all of your intellectual property rights in or related to your posted content on the Sharing Tree and the Website (Licensed Material) to permit the Administrator to disseminate, distribute, publicly display, reproduce, use, post, or publish any or all of the Licensed Material for marketing and promotional purposes, and for the purpose of operating and administering the Sharing Tree and the Website.

4.4      You grant the Administrator permission to contact you for program feedback and evaluation purposes.

4.5      If any Sharing Tree Services involve a Sharing Tree Member loaning goods (including any equipment) to you, you must return the loaned goods to that Sharing Tree Member at the agreed time and in the same (or better) condition in which they were provided to you. If an item loaned to you is damaged during the loan period (other than by the Sharing Tree Member who loaned it to you), you agree to pay the loaning Sharing Tree Member’s reasonable costs of repairing the item or (if the item is damaged beyond repair) the costs of replacing the item, within seven days from the agreed return date, or such longer period as the loaning Sharing Tree Member may accept.

4.6      A Sharing Tree Member must not be a competitor of The Sharing Tree (or have become a Sharing Tree Member at the request of, or to further the interests of, such a competitor), or use the Sharing Tree to further the interests of such a competitor.

  1. SHARING TREE POINTS

5.1      A Sharing Tree Member earns points (Sharing Tree Points) for providing Sharing Tree Services to another Sharing Tree Member, at the rate of 100 Sharing Tree Points for every one hour spent providing Sharing Tree Services to another Sharing Tree Member. Sharing Tree Points can be used by a Sharing Tree Member that earns them to receive Sharing Tree Services from another Sharing Tree Member. The number of Sharing Tree Points earned for Sharing Tree Services are rounded off to the nearest half hour. The Sharing Tree Points received for Sharing Tree Services are not dependent on the market value or retail cost of those Sharing Tree Services.

5.2      A Sharing Tree Member may only use their Sharing Tree Points in accordance with these terms and conditions, including the Points Rules. There are limits on Sharing Tree Points that can be accrued and used by a Sharing Tree Member (see clauses 6 to 8 below). Sharing Tree Points are not transferable (other than by donations to the Sharing Tree Commons as set out in clause 7), cannot be used for other community-based exchange systems (unless provided for in these terms and conditions), and cannot be redeemed for, or converted to, money.  You cannot purchase Sharing Tree Points for money.

5.3      If a Sharing Tree Member schedules an exchange on the Sharing Tree to receive Sharing Tree Services, but cancels the scheduled Sharing Tree Services (on-line or off-line) less than 24 hours before the scheduled time for the provision of Sharing Tree Services,100 Sharing Tree Points will be deducted from that Sharing Tree Member’s Account and will be transferred and credited to the Account of the Sharing Tree Member who was scheduled to provide that Sharing Tree Member with the relevant Sharing Tree Services. It is the responsibility of the Sharing Tree Member who was to provide Sharing Tree Services to inform the Administrator of any such occurrence through the “Logging Points” function of the Website to initiate the transfer of Sharing Tree Points.

  1. LOGGING SHARING TREE POINTS

6.1      Only hours spent by a Sharing Tree Member providing Sharing Tree Services to other Sharing Tree Members can be logged and recognised as Sharing Tree Points.

6.2      If a Sharing Tree Member has provided Sharing Tree Services to another Sharing Tree Member, the provider should “Log Points” on the Website as soon as possible. If the Sharing Tree Member that has provided Sharing Tree Services does not log them within thirty days of completing the Sharing Tree Services, the Sharing Tree Points earned for those Sharing Tree Services will be automatically donated to the Sharing Tree Commons on behalf of that Sharing Tree Member. Each Sharing Tree Member must record the time spent by them providing Sharing Tree Services fairly and accurately. Sharing Tree Members must comply with the instructions on the Website on how to “Log Points” accrued by them providing Sharing Tree Services.

6.3      A Sharing Tree Member that provides Sharing Tree Services will be emailed a record of the Sharing Tree Points earned by them on a fortnightly basis by the Administrator. Sharing Tree Members will not be able to access the details of the past Sharing Tree Services provided by them to other Sharing Tree Members.

6.4      An email confirmation of the Sharing Tree Services provided by a Sharing Tree Member, and the time claimed, will then be sent by the Administrator to the Sharing Tree Member who received those Sharing Tree Services.

6.5      The Administrator may request further information from Sharing Tree Members about any of the Sharing Tree Services provided by or to them (eg, to determine whether Sharing Tree Points 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. The Administrator’s decision on whether a Sharing Tree Member has earned or used Sharing Tree Points, and the number of Sharing Tree Points earned or used, is final and binding on all Sharing Tree Members.

  1. DONATION OF SHARING TREE POINTS TO THE SHARING TREE COMMONS

7.1      You may donate any or all Sharing Tree Points that you have earned to the Sharing Tree Commons and those Sharing Tree Points will be used for social and/or environmental purposes. Instructions for donating to the Sharing Tree Commons are set out on the website.

7.2      If you donate Sharing Tree Points to the Sharing Tree Commons, you acknowledge and agree that:

(a)       Sharing Tree Points donated to the Sharing Tree Commons cannot be retracted or withdrawn once they have been donated;

(b)       you cannot donate more Sharing Tree Points than you have banked; and

(c)       Sharing Tree Points donated to the Sharing Tree Commons may be used as the Administrator sees fit (including, re-allocating them to other Sharing Tree Members or organisations). You cannot direct how Sharing Tree Points that you donate will be dealt with by the Administrator. However, you may also gift your Sharing Tree Points to any other Sharing Tree Member.

  1. SHARING TREE POINT LIMITS/RULES

8.1      On becoming a Sharing Tree Member, each member has an initial balance of zero Sharing Tree Points.  Each Member will, one time only, subject to the following, be credited with either a) 200 Sharing Tree Points for becoming a Sharing Tree Member and listing their first offer of Sharing Tree Services on the Sharing Tree; or b) 300 Sharing Tree Points for becoming a Sharing Tree Member and completing their first two Sharing Tree Services (as per the Sharing Tree Member’s first two advertisements on the Sharing Tree offering those Sharing Tree Services).

8.2      This clause 8, and clauses 5, 6 and 7, are subject to the Points Rules (which may specify limits on earning Sharing Tree Points) and, to the extent there is any conflict or inconsistency between any of those clauses and the Points Rules, the Points Rules will prevail. The Points Rules may be changed by the Administrator at any time without notice. Sharing Tree Members should check the current Points Rules on the Website before providing Sharing Tree Services or making any decision with respect to their Sharing Tree Points.

8.3      It is your responsibility to ensure you are not accepting or using Sharing Tree Services from another Sharing Tree Member for which more Sharing Tree Points will be required than the balance of Sharing Tree Points on your Account, and that you are not running your Sharing Tree Points balance into debt.

8.4      If a Sharing Tree Member does not have enough Sharing Tree Points for particular Sharing Tree Services, the Sharing Tree Member that provides those Sharing Tree Services will still accrue Sharing Tree Points for providing those Sharing Tree Services.

8.5      If you accrue 5,000 or more Sharing Tree Points, you must reduce your balance to under 5,000 Sharing Tree Points by:

(a)       using the excess Sharing Tree Points to receive Sharing Tree Services advertised by other Sharing Tree Members; or

(b)       donating the excess Sharing Tree Points to the Sharing Tree Commons.

8.6      The Administrator may, by notice to you, take steps to enforce the limits set out in this clause 8, including by cancelling your Account, or donating or cancelling the Sharing Tree Points exceeding the limit in clause 8.5 (or any other applicable limit prescribed by the Points Rules) that you have accrued.

  1. INACTIVE ACCOUNTS

9.1      If there has been no activity in relation to your Account for a period of 12 months or more, the Account will be considered by the Administrator to be inactive. The Administrator may then, by email notice to you, cancel your Account. Any Sharing Tree Points you have accrued on your Account will be forfeited.

9.2      If you still wish to participate in The Sharing Tree, you will need to set up a new  Account. You will not be able to recover or reinstate Sharing Tree Points from your previous Account.

  1. CANCELLING ACCOUNTS

10.1    You may request the cancellation of your Account by contacting the Administrator by email. The Administrator will cancel your Account as soon as practicable thereafter and once that occurs, your Sharing Tree Points will be forfeited. On cancellation, you will no longer be able to log into your Account.

10.2    The Administrator may, without limiting its rights, suspend or cancel your Account:

(a)       for any reason by sending you an email notifying you of the suspension or 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 a breach (other than a serious breach) of any of these terms and conditions.

10.3    If your Account is cancelled for any reason, you will not be able to access your Account details and you will forfeit all Sharing Tree Points accrued on the Account.

  1. FEEDBACK

11.1    You acknowledge and agree that the Sharing Tree will include a system (in a public discussion area of the Website) for Sharing Tree Members to provide feedback on other Sharing Tree Members and on the Sharing Tree Services other Sharing Tree Members provide, and that such feedback may be provided about you (as a Sharing Tree Member) and/or your Sharing Tree Services.

11.2    You must not take any actions that may undermine the integrity of the feedback system. The Administrator may limit the number of posts for Sharing Tree Services you place on the Sharing Tree based on the feedback received about you and your Sharing Tree Services. If you have a net feedback rating below a level the Administrator deems to be acceptable, your Account and status as a Sharing Tree Member may be suspended by the Administrator, and you may be unable to list or provide Sharing Tree Services through the Sharing Tree, or even login to your Account on the Website.

  1. GENERAL ADMINISTRATOR RIGHTS

12.1    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 Website;

(b)       cancel any or all the services or functionality offered or provided through the Sharing Tree and/or the Website;

(c)       make modifications to your Account and your Sharing Tree Points balance;

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

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

12.2    The Administrator reserves the right to modify or discontinue the Website, the Sharing Tree or any services provided by the Administrator with or without notice to you. The Administrator will not be liable to you or any third party should the Administrator exercise any of those rights. If you object to any such changes, your sole recourse will be to cease access to the Website or services. Continued access to the Website or services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website or services as so modified.

  1. ACKNOWLEDGEMENTS AND CONSENTS

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

13.2    The information you provide also may be provided to third party researchers who are undertaking research on the Administrator’s behalf in relation to the Sharing Tree. Any personal information provided to those researchers will be unidentifiable. Any personal information collected by the Administrator about you in connection with the Sharing Tree will be handled in accordance with the Administrator’s privacy policy (please refer to the link at the beginning of these terms and conditions).

13.3    You acknowledge that the Administrator may, but is under no obligation whatsoever to, monitor the Website (including any content and any advertisements posted by Sharing Tree Members). The Administrator makes no promises or representations in relation to the type, skill, qualifications, expertise or availability of persons that become Sharing Tree Members, or in relation to the Sharing Tree Services or advertisements provided or posted by them, including their legality, quality, truth, accuracy, or suitability for any purpose.

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

  1. DISCLAIMERS

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

(a)       the accuracy, truth, appropriateness or completeness of any content posted by Sharing Tree Members or any other person on the Website, including content in breach of clause 3.6, that you may be exposed to while using the Website;

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

(c)       any errors that may be in the Website content, or in relation to the accrual or use of Sharing Tree Points;

(d)       any delay, suspension or cancellation of the Sharing Tree or the Website (including your Account);

(e)       your content or the Website being error-free, defect-free or free from interruption, external intruders (hackers), virus or worm attacks, denial of service attacks, and any unauthorised access by any person to the Sharing Tree, the Website or related systems; or

(f)        the Sharing Tree Services advertised by Sharing Tree Members, including the nature, quality or suitability for any purpose of the those services.

14.2    The Administrator is not responsible for the conduct, whether online or offline, of any Sharing Tree Member or other user of the Website or the Sharing Tree.

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

14.4    All information, materials, content and/or advice on the Website or provided through any Sharing Tree Services (collectively, Relevant Material) is for informational purposes only and is not intended to replace or be a substitute for any professional, financial, medical, legal or other advice. The Administrator expressly disclaims, and you expressly release the Administrator from, any and all liability concerning any loss, liability, damage, cost, expense, injury or death suffered or incurred by you or any other person as a result of relying on any of the Relevant Material. You should consult with an appropriately trained professional or specialist for all concerns, conditions and matters that require professional or medical advice or treatment.

  1. EXCLUSION OF LIABILITY

15.1.   You acknowledge and agree that:

(a)       the Administrator’s role is limited to making the Sharing Tree available for use by Sharing Tree Members and administering the Sharing Tree;

(b)       any Sharing Tree Services you receive are provided by Sharing Tree Members, and not the Administrator; and

(c)       you are solely responsible for any Sharing Tree Services you provide to other Sharing Tree Members,

and consequently, to the maximum extent permitted by law, the Administrator is not liable for any loss, liability, damage, expense, cost or charge 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 the Sharing Tree (including your use of the Website, and any Sharing Tree Services you receive from, or provide to, other Sharing Tree Members).

15.2    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.

  1. INDEMNITY

You indemnify the Administrator (including its personnel) from any loss, liability, damage, expense, cost or charge of any kind which the Administrator (including its personnel) suffers or incurs (together, Loss), and from any claims, demands or proceedings against the Administrator or personnel (together, Claims), arising from or in connection with your participation in the Sharing Tree (including your use of the Website, and the Sharing Tree Services you receive from, and provide to, other Sharing Tree Members), except for the Administrator’s normal operating expenses and except to the extent any such Loss or Claim is caused or contributed to by any act or omission of the Administrator or any of its personnel.

  1. TAX IMPLICATIONS

You are responsible and liable for any tax or other liabilities incurred in relation to Sharing Tree Services you provide to, or receive from, other Sharing Tree Members. The Administrator does not warrant or represent that it has examined the tax implications of any transaction that a Sharing Tree Member may enter into. If you are unsure about the tax or other liabilities that may arise in relation to the Sharing Tree Services you provide or receive, you should obtain appropriate accounting, tax and financial advice from an appropriately qualified and (if necessary) licensed professional.

  1. DISPUTES

If any dispute arises between Sharing Tree Members, the Sharing Tree Members that are in dispute should use all reasonable endeavours to resolve the dispute. If the dispute is not resolved between the Sharing Tree Members that are in dispute, the dispute may be referred to the Administrator for mediation.

  1. GENERAL

19.1    Your agreement to these terms and conditions does not create a relationship of partnership, employment, principal and agent, or of trustee and beneficiary, between you and the Administrator, or between you and any other Sharing Tree Member or other person.

19.2    These terms and conditions are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

19.3    We encourage your feedback, compliments and complaints regarding the Sharing Tree program and this can be shared on the Uniting Website’s feedback section. You can also raise a concern or provide program feedback by emailing thesharingtree@vt.uniting.org or by phoning 08 8538 7300 within business hours.

Revised February 2022 copyright Uniting Vic Tas 2022