User agreement

Welcome to www.globalhand.org (Website). The Website is operated by Global Hand (us/we). Your access to and use of the Website is governed by these terms and conditions.

Acceptance of Terms and Conditions

1. By checking a box indicating acceptance of these terms you agree that your access to and use of the Website is subject to the terms and conditions of this User Agreement and any other terms and conditions contained on the Website.

Global Hand Offers and Requests Database

2. We provide on the Website an Offers and Requests Database (Offers and Requests Database) by which prospective providers of resources (Providers) may offer such resources (Offers) to prospective recipients (Recipients) and Recipients may request resources (Requests) from Providers.

3. We do not usually, and are not obliged to, become involved in any communication between Provider and Recipient. We are not involved in the transaction between Provider and Recipient. We do not guarantee that Offers will be matched with Recipients nor that Requests will be matched with Providers.

4. We have no control over, are not responsible for, and disclaim all liability in respect of the content of, quality, safety, fitness for purpose, legality and delivery of the subject matter of, any Offers or Requests.

5. Although we require Verified Non-profit Users to provide documented verification of their organisational details and non-profit status, we cannot guarantee that any Users have provided us with accurate and truthful information or that such Users will always act in honourable or charitable ways. Nonprofit organisations not marked as Verified have not completed the verification procedures and we do not verify the legitimacy, non-profit status or claims made by or any other matter in relation to Unverified Non-profit Users.

6. We have no control over and are not responsible for the veracity, action or lack of action of Providers and Recipients, for the truth, accuracy or any other matter in relation to Offers or Requests or for the fulfilment of Offers or Requests.

7. We have not reviewed, have no control over, accept no responsibility for and disclaim all liability in respect of any website mentioned or accessible from the Website.

8. While we use our best efforts to ensure that the Website is free from viruses and other similar computer programmes, we do not accept responsibility for, and disclaim all liability in relation to, any loss, damages, costs, expenses or claims suffered by you as a result of your contracting any virus or other similar computer programme from visiting the Website or using the Offers and Requests Database.

User eligibility

9. If you wish to become a user of the Offers and Requests Database (User), you must complete and submit an application (Application). You represent that, where resources have been donated for charitable purposes, you have never and will not be involved or engaged in any activities including, but not limited to, selling, trading, hiring or otherwise dealing for profit or gain, except as authorised under the terms laid out in paragraph 20.

10. The Users are of three different types – Corporate User, Unverified Non-profit User and Verified Non-profit User. Each type of User is entitled to a different level of access to and use of the Offers and Requests Database. In addition to completing and submitting the Application and accepting the Terms and Conditions of this User Agreement, Verified Non-profit users are becoming Verified by Global Hand and are therefore required to provide additional verification documents as part of their Application. Click here for details of the access rights and registration requirements for each level.

Obligations for all Users

11. You are using the Website in order to make a contribution to the battle against world need.

12. You are an authorised signatory of the organisation on whose behalf you intend to use the Offers and Requests Database.

13. You will comply with all applicable laws regarding your use of the Offers and Requests Database.

14. You will not use the Offers and Requests Database to knowingly offer illegal or harmful goods or services.

15. All information you provide on the Website in any Offer or Request and in any communication to us or to any Provider or Recipient (Information) will be true, complete and correct. Your Information will not breach any relevant law or the intellectual property rights or other rights of any person and will not be defamatory and will not contain any virus or other computer programme liable to cause damage or impair the operation of or enable unauthorised use of the Website.

16. We are not responsible for issuing valuations or receipts in respect of or in relation to the subject matter of any Offer. If you require valuations or receipts you must arrange such directly with the relevant Provider or Recipient.

17. You will not make any claim against another User without first consulting with and obtaining our consent.

Additional Obligations for Non-profit Users

18. When dealing with Offers or Request that include donated goods or services, you will comply with Global Hand “In Kind” Standards and with existing standards in the humanitarian community that are referenced within Global Hand “In Kind” Standards. Click here to read the Global Hand “In Kind” Standards. You will act in a principled, ethical and professional manner when dealing with Offers or Requests that do not involve donated goods or services and where there are not currently any Global Hand “In Kind” Standards applicable to your activities.

19. You agree to provide feedback on the success (or otherwise) of your Offers and Requests when asked via the website or by Global Hand staff. You will allow Global Hand to use your feedback to promote and improve the service.

20. You agree to disclose to any Provider, upon request, information about the use to which you will put the subject matter of any Offers from that Provider and you will not for profit or gain sell, trade, hire or otherwise deal with the subject matter of any Offers without obtaining prior written approval from the relevant Provider.

21. You understand that a Provider has no obligation to provide you gratuitously with any resources even if the Provider has already agreed to provide such resources for free.

22. You are responsible for ensuring that any organisations or individuals on whose behalf you use the Offers and Requests Database act in compliance with this User Agreement.

No Warranty

23. The Website and the Offers and Requests Database is provided without any warranty or condition, express or implied. To the extent permitted by law, we specifically exclude any implied warranties as to satisfactory quality, fitness for purpose or non-infringement of any rights of any third party.

Liability

24. To the extent permitted by law, neither we, nor any of our officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered or claims made against you in relation to your use of the Website, your contact with any other User or your acceptance or use of any resources from a Provider, or in relation to any of our acts or omissions. You expressly and irrevocably agree not to make any claim whatsoever against us, our officers, employees and agents in relation to your use of the Website, your contact with any other User or your acceptance or use of any resources from a Provider, or in relation to any of our acts or omissions.

25. You indemnify us, our officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in connection with the use of the Website by you or someone using your name and password, or your breach of any provision of this User Agreement.

Intellectual property

26. You grant us the non-exclusive, worldwide, perpetual, irrevocable and royalty-free right to use, in connection with the operation and marketing of the Website, any copyright or other rights which you have in the Information you provide. We agree to only use such information in compliance with our Privacy Policy.

27. GLOBAL HAND and CROSSROADS are trade marks of Crossroads Foundation Limited.

Access to Offers and Requests Database and variation of terms and conditions

28. The acceptance or rejection of any Application is solely within our discretion.

29. Your access to the Offers and Requests Database will be limited unless and until we have received and processed your Application and any requested documentation.

30. We may vary any of these terms and conditions at any time and will give notice of any variation by posting a notice on the Website. Your continued use of the Website after the posting of such notice will constitute your acceptance of the variation.

31. We may at any time and without cause terminate or limit your access to the Website. Without prejudice to the foregoing, we may at any time terminate or limit your access to the Website if you are in breach of any provision of this User Agreement.

32. We reserve the right to modify or remove any Information posted by you on the Website.

33. We do not guarantee continuous, uninterrupted or secure access to the Website or the Offers and Requests Database.

34. We are not obliged, in any circumstances, to refund any fee paid for the use of the Offers and Requests Database.

Miscellaneous

35. Any notices to us must be given by post to 2 Castle Peak Road, Tuen Mun, HONG KONG. Any notices to you will be given by post or by email to the postal address or email address provided in your Application. In the case of notice by post, notice will be deemed given 7 days after the date of posting, and in the case of notice by email, notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

36. If and to the extent that any provision of this User Agreement is held to be illegal, void or unenforceable, such provision will be given no effect and will be deemed not to be included in this User Agreement but without invalidating any of the remaining provisions of this User Agreement.

37. No failure or delay by us in exercising any right or remedy provided by law under or pursuant to this User Agreement will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any other or further exercise of it or the exercise of any other right or remedy.

38. Our rights and remedies under or pursuant to this User Agreement are cumulative, may be exercised as often as we consider appropriate and are in addition to our rights and remedies under general law.

39. This User Agreement sets out the entire User Agreement and understanding between the parties in respect of the subject matter of this User Agreement.

40. This User Agreementand the relationship between the parties is governed by, and will be interpreted in accordance with, Hong Kong law.

41. Each of the parties agree that the courts of Hong Kong are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this User Agreement or otherwise arising in connection with this User Agreement and for such purposes irrevocably submit to the jurisdiction of the Hong Kong courts.

Terms and conditions last revised: Friday 20th February, 2009