Mosman Park Hour Exchange
Terms & Conditions of Use

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1. OVERVIEW OF TERMS AND CONDITIONS

The function of Mosman Park Hour Exchange (“Hour Exchange”) is to facilitate the exchange of services within the community. Agreements shall be made by and between Hour Exchange participants involved in a transaction.

Mosman Park Hour Exchange, Hour Exchange Project Officer, Town of Mosman Park, Disability Services Commission and/or any other individual, agency or organisation overseeing the project will not be held responsible and will not assume any liability for claims, damages, losses or any other consequences which may arise from this agreement.

Hour Exchange is not involved in the actual transaction between participants. Hour Exchange makes no representation or warranty as to the skill, qualifications, expertise or availability of any Hour Exchange participant, nor the truth or accuracy of listings. Any employment relationship, partnership, joint venture agreement or other similar relationship between the participants and Hour Exchange is expressly negated. Any agency agreement is hereby expressly negated and the participants have no authority to bind Hour Exchange.

When a Member enters into an agreement with another Member, they may be creating a legally binding agreement with that other Member. Members are responsible for ensuring they comply with all obligations to that other Member.

If obligations are breached it is up to the participant and not Hour Exchange to enforce those obligations.

Members should be aware or make themselves aware of any laws relevant to them and/or the services that they provide.

Hour Exchange is also known as “Timebanking” and the two terms may be interchanged without loss of meaning.

2. ACCOUNT HOLDERS

2.1 Account Holders and Members

An Account Holder is a person over the age of 18 years who registers an account to advertise and trade. All Account Holders are automatically Members. Account Holders and Members must register using their legal names.

A Member is also the additional person(s) nominated within a Shared/Company/Organisation account. These type of accounts must be set-up by an Account Holder and may have additional Members. All additional Members must be nominated using real names; these members are also responsible for the account. These Terms and Conditions apply to all Members.

Accounts are not transferable - no third-party may trade through another Account Holder’s account.

Unless otherwise authorised by the Project Officer, an Account Holder may only operate one account in the system.

2.2 Eligibility


Account Holders must have a connection to Mosman Park:

Examples of a “regular visitor” includes those who frequently enter Mosman Park to visit friends/family, play sport, exercise, go to school, use community facilities, attend meetings, support local business and so on.

3. ACTIVITIES

Contributing one hour of time towards helping others (“an activity”) earns a one-hour contribution into the Hour Exchange, which can then be used to request an hour of skills/talents as offered in the listings from any another participant. Hours are divided into blocks of 15 minutes and can also be contributed/withdrawn in 15 minute increments.

3.1 Recording Activities 

Hours earned are entered into the system by the giver on the basis indicated on the website. This procedure may be changed by the Project Officer.

3.2 Credit/Debit Limits

3.2.1 Starting out

Account Holders shall be entitled to begin participating in Hour Exchange without earning any hours (having a positive balance) and may incur a maximum debit balance of 10 hours. The initial balance for all Account Holders is zero (0) hours.

3.2.2 Capped limits

The credit limit (maximum number of hours contributing in without withdrawing) is normally set at 20 hours and the debit limit (maximum number of is hours withdrawing out without contributing) normally set at 10 hours unless the Project Officer determines otherwise. The Project Officer may set and adjust the criteria according to which account limits are set. As a result debit and credit limits may vary from account to account.

3.2.3 Exceeding Limits

Account Holders who exceed credit/debit limits may have their accounts monitored by the Project Officer and may risk having their accounts terminated.

3.2.4 Donating excess hours

Account Holders who exceed the 20 hour credit limit are required to contact the Project Officer to donate a portion of their hours to another Hour Exchange member. The amount to be donated will normally be the amount by which the relevant limit has been exceeded, unless the Project Officer determines otherwise.

3.2.5 Donating hours

Account Holders may donate their accrued hours to another member by posting an Offering or contacting the Project Officer to identify a suitable recipient.

3.4 Account Information

All Account Holders understand that they are solely responsible for all the information provided to Hour Exchange. Hour Exchange acts as a passive holder of Account Holders’ information which is published and distributed.

Trading balances of all Account Holders are available to all Account Holders but details of individual activities and contact details are not.

3.5 Three Way Exchange

Example: Alexia is a Regular Visitor to Mosman Park. Every Thursday she collects her elderly mother from her mother’s Mosman Park home and they go shopping at the local supermarket. Alexia’s mother requires assistance to perform most household tasks.

In this example of a “three way exchange”, Alexia’s mother may not be physically able to contribute to the Hour Exchange, however as a Regular Visitor Alexia may register as an Account Holder and earn hours helping her mother’s neighbours (for example: giving others a lift to the supermarket at the same time). She can then withdraw any skill available from the Hour Exchange, either for herself or to assist with her mother’s unmet needs (e.g. changing a lightbulb).

4. OFFERINGS

Advertisements for skills, services, gifts and talents are known as “offerings”. Offerings must be honestly described.

4.1 Unsuitable Offerings

Offerings considered to be offensive to others, inaccurate, illegal, inappropriate or contrary to the ethics/objectives of the Hour Exchange may be vetted/deleted by the Project Officer at their absolute discretion. Before deletion, Account Holders will be notified and where appropriate given the opportunity to amend their Offering.

4.2 Able to be revoked

An Offering advertised on the system amounts to an invitation to do business only and shall not constitute an irrevocable offer to all.

5. DISPUTE RESOLUTION

When a Member enters into an agreement with another Member, they may be creating a legally binding agreement with that other Member. Members are responsible for ensuring they comply with all obligations to that other Member.

If obligations are breached it is up to the participant and not Hour Exchange to enforce those obligations.

Members should be aware or make themselves aware of any laws relevant to them and/or the services that they provide.

5.1 Dispute mediation

If any dispute should arise between Members the matter shall be referred to the Project Officer for mediation.

5.2 Dispute decisions

By accepting these Terms & Conditions, all Members agree that the Project Officer’s decision will be final and binding on all parties.

6. INACTIVE ACCOUNTS

6.1 What is an inactive account?

If there has been no activity regarding a particular account for a period of 12 months then the account will be considered to be inactive. After having given reasonable notice to the Account Holder the Project Officer shall be entitled to close the account, and any credit balance will be forfeited.

6.2 Inactive accounts with debit balance

Account Holders with an inactive account that shows a debit will not be entitled to re-activate their account with Hour Exchange until that account has been restored to zero (0) hours.

7. LEAVING HOUR EXCHANGE; ACCOUNT CLOSURE

If an Account Holder wishes to leave Hour Exchange voluntarily, they shall apply to the Project Officer for closure of their account. In such an event, the Account Holder will be required to restore the account balance to 0 hours.

8. SUSPENSION AND TERMINATION

8.1 Suspension

The Project Officer can suspend an account of any Account Holder who breaches any material trading rule or who acts in a way considered to be offensive to others, inaccurate, illegal, inappropriate or contrary to the ethics/objectives of the Hour Exchange. A copy of these objectives is available from the Project Officer.

8.2 Termination

The Project Officer shall notify any Account-holder if their account has been suspended. The Account Holder shall have fourteen (14) days to appeal the suspension of their account. If no appeal is raised then the Project Officer will terminate the account.

9. CHANGES TO TERMS & CONDITIONS

The Project Officer shall be entitled to change the Terms & Conditions at any time, with public notice to all Members. In such event, the applicable terms will be those prevailing at the time of the action or transaction involved.

10. PRIVACY 

10.1 What will Hour Exchange do with private information?

Hour Exchange will collect and store the information voluntarily provided by Members to maintain registrations, upload offerings and generate reports on the progress/viability of the project.

10.2 Who will private information be provided to?

Information will be provided to relevant authorised staff for the sole purpose of the project.

10.3 Consent

Signing these Terms & Conditions indicates each participant’s consent to these disclosures.

10.4 Where will the information be stored?

Any information provided by Members will be stored on a secure database that will only be accessed by authorised personnel and is subject to privacy restrictions.

10.5 What will the information be used for?

Information collected will only be used for the purpose for which it is collected.

10.6 How do I access my own information?

Any information provided by an Account Holder to Hour Exchange can be accessed during office hours and updated by contacting the Project Officer. By signing these Terms & Conditions, Account Holders understand that their information will be provided to Town of Mosman Park and Disability Services Commission who are piloting this program in Western Australia. Personal information provided to the researchers will be unidentifiable and kept confidential.

11. DISCLAIMERS AND INDEMNITIES

Neither Hour Exchange nor the Project Officer are parties to any transaction between Account Holders or Members, and accept no responsibility for the performance of Hour Exchange parties nor as to their identity or trustworthiness nor as to the nature of any activities they undertake.

Neither Hour Exchange nor the Project Officer accepts responsibility for any loss or damage occasioned to any account-holder as a result of information received via the system becoming available to other account-holders or outsiders.

Account Holders agree to indemnify and hold harmless Hour Exchange and the Project Officers and any of their employees or agents from activities agreed with other members, or from incidents of loss, damage or injury arising out of the use of the system. By accepting these Terms & Conditions, an Account Holder will indemnify Hour Exchange for any loss, damage, injury or death caused as a result of the services provided by the participant, or any breach of the terms of this agreement, even if that loss or damage is suffered after the termination of this agreement. To the extent permitted by law, the Account Holder agrees that Hour Exchange has no legal responsibility for the actions of Account Holders and/or Members.

Each Account Holder is responsible for any tax implications or liabilities in relation to transactions entered into as a result of participating in Hour Exchange. Hour Exchange does not warrant or represent that it has examined the tax implications of any transactions that an Account Holder or Member may enter into. It is each Account Holder’s responsibility to ensure that they are aware of any tax obligations and that they meet those obligations.

12. UNDERTAKING AND ACCEPTANCE

I/we accept the above Terms and Conditions and undertake further to:

By clicking below, I/we acknowledge that I/we have read the above Terms & Conditions and are bound by them to Hour Exchange and the Project Officer, as well as to other users.

All Members within a Shared/Company/Organisation account have been made aware of and agree to be bound by these Terms & Conditions.

I/we acknowledge further that these Terms and Conditions may be changed by the Hour Exchange Project Officer from time to time and I/we understand and accept that it is my or our responsibility to keep abreast of any changes. Participation will be subject to the terms of use prevailing at the time.