1.              ABOUT THESE TERMS

1.1           These are our terms of business. They set out the terms of the agreement between you and us, whether you use our Service as a Volunteer, as a Community Organisation, or both.

1.2           By using the Service, you are deemed to accept these terms and conditions and agree to act in accordance with them.

1.3           Certain words and phrases used in these terms have defined meanings. Those definitions are set out in clause 11.

2.              WHO WE ARE

SpareHand is a business name being used by Hire Hand Limited for the purpose of providing the SpareHand Service. Hire Hand Limited is a company registered in England and Wales with company number 9346046. Our registered office is at TechHub, 1-15 Clere St, London EC2A 4UY. You can contact us by email at hello@spare-hand.org. In these terms and conditions, references to “our”, “us” or “we” shall mean Hire Hand Limited (trading as SpareHand for the purposes of providing the Service).

3.              ABOUT OUR SERVICE AND OUR ROLE

3.1           Our Service is a marketplace, bringing Volunteers and Community Organisations together. Community Organisations can submit tasks to the Service setting out what they need and when they need it and, if we accept it, we will allocate the Community Organisation a Volunteer to perform the Task.

3.2           Our role is to provide the platform facilitating those exchanges, not to broker them and we are not party to any agreement between Volunteers and Community Organisations for the performance of Tasks. Subject to a few requirements inherent to using our Service, which we set out in clause 7, Volunteers and Community Organisations are free to agree between each other on any terms they wish via the Service.

3.3           Our Service is only for those based in the mainland United Kingdom. So, each time you use our Service, you represent to us that you are based in the mainland United Kingdom. If that representation is, or becomes, untrue, we will be entitled to terminate your account immediately.

3.4           While from time to time we may implement a vetting procedure or run certain background checks, they are not fool-proof and so, as a marketplace, we cannot take responsibility for the accuracy or completeness of information that our Users provide about themselves. When dealing with another User of our Service, whether as a Community Organisation or as a Volunteer, you must exercise at least the level of caution and care that a reasonable person in your position would exercise when dealing with strangers, especially if you are arranging to meet face to face. We do not have a vetting procedure or carry out any background checks, and, while our terms require Community Organisations using the Service to carry out checks, we have no responsibility for doing the same.

3.5           Nothing about these terms or our Service is intended to create any obligation of exclusivity or any minimum performance requirement. You are free to volunteer or seek volunteers anywhere else as you see fit, and nothing obliges you to submit or agree to Tasks through our Service.

3.6           We are currently offering the service free of charge to the Volunteer and the Community Organisation. We reserve the right at any time to introduce fees for using the Service, but prior to introducing such fees, we will consult with certain Community Organisations for their feedback and comments, will reasonably consider such feedback and comments, and in any event will not introduce fees without notifying you in advance.

4.              YOUR RESPONSIBILITIES GENERALLY

4.1           When you create an account with us, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.

4.2           Whether you use our Service as a Volunteer or as a Community Organisation, we also ask you to provide us with certain information about you, such as your phone number and your email and postal addresses. That information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.

4.3           We may ask you for text and photos about you or your Community Organisation to upload onto the Service which other Users will see. You must ensure that you have all the necessary rights to use that material and to share it with us and with other Users of our Service, and you must ensure that material does not contain anything:

4.3.1          which is a trade secret or otherwise confidential; or

4.3.2          which is unlawful, offensive, obscene or defamatory.

4.4           If you leave feedback about other Users, that feedback must, where it contains opinions, be a fair assessment based on your own experience of dealing with that User. Where it contains statements of fact, those facts must be true. We reserve the right to remove feedback at our sole discretion.

4.5           Our Service provides access to a messaging system that allows us to communicate with Volunteers. Volunteers and Community Organisations who are connected for the performance of a Task may also communicate outside of our Service. Whenever you communicate with us through the Service, or other Users outside of but in connection with the Service and/or a Task, you must not abuse or threaten them, use discriminatory language (such as racial slurs) to them, mislead them or make them promises you do not intend to keep. We reserve the right to terminate or suspend your account immediately in response to complaints about your conduct towards other Users.

4.6           We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these terms for as long as your account remains active. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause 4.6.

4.7           You must not use our Service for any unlawful purpose. In particular, you must not use our Service to launder money, avoid sanctions or capital controls, pay or receive bribes, or to do anything in connection with the proceeds of crime. We reserve the right to monitor your use of the Service to ensure it is used lawfully.

4.8           Where another User shares with you in the context of the Service information which they describe as confidential, or which is obviously confidential, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another User’s) in any area of the Service which is visible to Users generally, and we will not have any liability if you do.

5.              YOUR PARTICULAR RESPONSIBILITIES AS A VOLUNTEER

5.1           When you create your account with us and indicate that you want to be a Volunteer, we will ask you to provide us with a short description of yourself and to provide us with relevant information about your skills, availability and your location. That information can be used to match you with potential Tasks and to give you the opportunity to be considered for the performance of such Tasks, so you must ensure that the information you give to us is accurate and current, and you must keep it up to date.

5.2           We will inform you once you have been matched to a Task and the Community Organisation has made an offer in return for you performing the Task.

5.3           If you agree with a Community Organisation that you will perform a Task for them, you must perform that Task with reasonable care and skill and in accordance with (and otherwise comply with) the reasonable instructions received from that Community Organisation.

5.4           You are responsible for ensuring that you perform that Task in accordance with applicable laws. This includes ensuring that any personal data you receive during the course of performing the Task is treated confidentially and is not disclosed to any other person.

5.5           You must not accept to perform a Task for a Community Organisation unless, based on the information which the Community Organisation has provided, you are reasonably satisfied that you have the skills, knowledge, resources and experience to perform that Task to the required specifications, standard and timeframe.

5.6           If completing a Task during the outbreak of COVID-19 in the United Kingdom, you will behave in a manner compliant with all applicable law and guidance relating to your interactions with other individuals, which may include (but is not limited to):

5.6.1          withdrawing yourself from the Service if you are feeling at all unwell;

5.6.2          washing your hands regularly, using soap and water for at least 20 seconds or using hand sanitiser

5.6.3          covering your mouth and nose with a tissue or your sleeve (not your hands) when you cough or sneeze;

5.6.4          putting used tissues in the bin immediately and washing your hands afterwards; and

5.6.5          providing information on who the beneficiary of the Task should call if they feel unwell, how to use NHS 111 online coronavirus service and (if appropriate) leaving the number for NHS 111 prominently displayed.

5.7           You must not offer to perform, or describe yourself as able to perform, any service or Task which is unlawful.

5.8           You are a volunteer, not our employee or an employee of any Community Organisation, and you must not accept payment for completion of the Task or mislead anyone about your status.

5.9           You are responsible for your own costs and expenses in performing Tasks, unless it is agreed with the Community Organisation otherwise.

5.10        You are responsible for and will indemnify us in respect of any income tax, any National Insurance and social security contributions, and any other similar liability which arises as a result of your performance of Tasks and use of the Service (and any penalty, fine or interest arising out of any of them), to the fullest extent permitted by applicable laws.

5.11        You will not respond to suspicious Task posts, attend to any suspicious Tasks or apply for Tasks that you feel are unsafe or inappropriate.

6.              YOUR PARTICULAR RESPONSIBILITIES AS A COMMUNITY ORGANISATION

6.1           When you submit a Task to our Service, you must include all information which the Volunteer reasonably requires to complete the Task, including (but not limited to) your timing requirements.

6.2           When you submit a Task, it must:

6.2.1          be voluntary (that is, something that anyone can do by choice without coercion or payment);

6.2.2          be non-discriminatory (that is, something that can be performed by anyone with the required skills and availability);

6.2.3          only relate to a volunteering opportunity that is to be carried out in the United Kingdom;

6.2.4          confirm the safeguarding requirements that the Volunteer will need to undergo, including (but not limited to) a Disclosure and Barring Service (DBS) check at a level appropriate for the Task being performed.

6.2.5          be removed promptly if it becomes unavailable;

6.2.6          not be a Task which it would (in whole or in part) be unlawful to perform;

6.2.7          contain any material which is defamatory of any other person, or contain any material which is obscene or offensive in our opinion;

6.2.8          promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or promote religious or political beliefs;

6.2.9          contain misleading or deceptive statements or omissions or misrepresent your identity or affiliation with any person;

6.2.10        be likely to harass, upset, embarrass, alarm or annoy any other person; or

6.2.11        be likely to disrupt the Service in any way,

6.3           If you submit a Task which will be on-going, you must specify a maximum amount of time which a Volunteer will be required to spend on the Task.

6.4           You must not submit a Task which is, or which could be interpreted as, an offer of employment. Volunteers are volunteers, not contractors or your employees, and you must not treat them as such. We are not responsible for any tax, National Insurance or similar liability, or any resulting cost, which you may incur as a result of HMRC finding that a Volunteer is your employee.

6.5           You will be responsible for ensuring that prior to performance of any Task, each selected Volunteer is of fit and proper character to undertake such Task (this may include, but is not limited to, ensuring that the Volunteer has recently undertaken a Disclosure and Barring Service (DBS) check at a level appropriate for the Task being performed). This must be established by you before a Volunteer is assigned to any Tasks and must be monitored so as to ensure the status or suitability of the Volunteer does not fall below the requisite standards.

6.6           We reserve the right to remove from our Service any Tasks which you submit in breach of these terms.

6.7           You may upload your database of your existing volunteers to the Service provided that:

6.7.1          you warrant that you have the necessary notices and lawful basis in place to lawfully share any personal data relating to those existing volunteers with Us as a data controller for use in relation to the Service;

6.7.2          you provide existing volunteers whose personal data you share with us with full information about any processing of their personal data that may take place in relation to the Service;

6.7.3          you ensure that you put in place appropriate technical and organisational measures to protect any personal data in transit when sharing it with Us.

6.8           To the extent you share any personal data under clause 6.7 above, we will use it in accordance with our Privacy Policy.

6.9           You must not use the Service to upload or send to any Volunteer any special category data, including health data.

6.10        If you use the Service to share the personal data of any third party with a Volunteer, you warrant that:

6.10.1        you have the necessary notices and lawful basis in place to lawfully share any personal data relating to such third party with Us as a data controller for use in relation to the Service; and

6.10.2        you will inform any third party whose personal data you share using the Service that their personal data will be processed by us, and direct them to our Privacy Policy.

7.              CODE OF CONDUCT BETWEEN COMMUNITY ORGANISATIONS AND VOLUNTEERS

7.1           You agree to comply with the following code of conduct between you and a Community Organisation or Volunteer (as the case may be) made through our Service:

7.1.1          the scope of the Task to be performed will be as described and agreed through the Service and can only be changed through the Service;

7.1.2          the Community Organisation and the Volunteer are independent of each other and nothing agreed between the Community Organisation and the Volunteer will create any relationship of partnership, agency or employment between them;

7.1.3          Volunteers will never share any personal data of any third party through the Service in relation to a Task;

7.1.4          if the Task is an in-person task, you will always start a Task at a public meeting point, rather than at a private address;

7.1.5          you will report any User or content that violates these terms and conditions or anyone who sends you unwanted or inappropriate communications;

7.1.6          we at all times reserve the right under clause 6.[5] to remove the Task from our Service because it breaches these terms; and

7.1.7          the relationship between the Community Organisation and the Volunteer will be governed by English law.

8.              AMENDING OR CANCELLING A TASK

8.1           Should a Community Organisation need to make changes to a Task (e.g. timing for completion of the Task), the Community Organisation must contact us as soon as possible and not less than two hours in advance to the start of the Task. This will enable us to find alternative Volunteers if necessary.

8.2           If a Community Organisation wishes to cancel a Task, a Community Organisation must contact us at least 2 hours prior to the beginning of the Task so that we can notify the Volunteer about the cancellation. This will hopefully prevent any unnecessary travel and other expenses being incurred.

9.              OUR RIGHTS AND RESPONSIBILITIES GENERALLY, AND OUR LIABILITY TO YOU

PLEASE READ OVER THIS SECTION CAREFULLY AS IT SETS OUT TERMS THAT EXCLUDE AND/OR LIMIT OUR LIABILITY

9.1           We operate the Service, which you use entirely at your own risk.

9.2           We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Service, and we will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these terms by operation of law are excluded to the fullest extent permitted.

9.3           We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.

9.4           We do not perform Tasks. We are not responsible for Volunteers’ performance of Tasks.

9.5           The information provided to us by Volunteers and Community Organisations in connection with the Service may contain inaccurate information. We do not accept any liability for such inaccuracies and we do not warrant that any information provided via the Service is correct and we do not warrant the accuracy or completeness of such information.

9.6           In order to ensure that our risk is maintained at a level that is commercially viable, and in line with the limited fees which we may charge for the Service from time to time, our liability to you is limited or excluded as follows:

9.6.1          nothing in these terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;

9.6.2          we will have no liability to you for any loss of revenue, loss of opportunity, loss of profit, increased cost, replacement cost, account of our profit, loss of or damage to reputation or loss of or damage to data, nor for any indirect or consequential loss; and

9.6.3          otherwise, our total liability to you arising under or in connection with these terms or the Service, regardless of the legal theory of liability, is limited to an amount equal to [one pound sterling (£1)].

9.7           You agree to compensate us and our respective directors, officers, employees, volunteers and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from any breach by you of any term of these terms and conditions.

9.8           We may suspend or terminate your account with us immediately:

9.8.1          if you breach these terms;

9.8.2          if we reasonably believe it is necessary to protect our interests or those of other Users;

9.8.3          if you become bankrupt or insolvent; or

9.8.4          if you die or otherwise become incapable of performing your obligations under these terms.

10.           OTHER IMPORTANT TERMS

10.1        These terms contain the whole of the agreement between you and us relating to the Service.

10.2        No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.

10.3        Nothing in these terms will create any relationship of partnership, agency or employment between us.

10.4        No waiver of any of these terms will be valid unless we agree it in writing.

10.5        Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.

10.6        Article 10 of Directive 2000/31/EC will not apply to these terms.

10.7        These terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.

11.           DEFINITIONS

11.1        In these terms:

Community Organisation means any person who uses our Service as a community organisation (whether a charity, voluntary and community group, social enterprise, public bodies or other form of organisation established for the benefit of the community), posting Tasks to be performed by Volunteers as they may from time to time agree;

Service means our platform and site providing an online marketplace for services and skills; and

Task means a task, in whole or in part, submitted to our Service by a Community Organisation, with a view to its being performed by a Volunteer;

Volunteer means any person who uses our Service as a Volunteer, applying to perform and performing Tasks for Community Organisations as they may from time to time agree;

User means any user of our Service, whether a Community Organisation or a Volunteer.