Terms of Service

For use of Volition.Tools

Welcome to Volition, an online supported decision-making tool that empowers decision makers with disabilities to direct the decisions and services that affect their lives.

Please read these terms and conditions carefully before using Our Service.

1. Definitions

1.1 In these Terms, the following words have these meanings:

“Account” means Your unique account to access Our Service or parts of Our Service and includes a Linked Account.

“Content” means any content (such as text, images, or other information), including Personal Information and Feedback, that You (as a Decision Maker or Supporter) access, post, upload, link to or otherwise make available on or through Our Service, regardless of the form of that content.

“Decision Maker” refers to the intended beneficial recipient of Our Service.

“Linked Account” has the meaning set out in clause 4.4 of these Terms.

“Objectionable Content” means any Content that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, racially or ethnically objectionable, false, misleading, in violation of any law or regulation, or that We otherwise reasonably believe is objectionable.

“Personal Information” means any information about an identifiable individual, for example, names, addresses and phone numbers.

“Service” refers to the ‘Volition’ digital application and data management platform We provide via the Website.

“Supporter” means a person who accesses or uses Our Service on behalf of a Decision Maker.

“Terms” mean these Terms of Service that form the entire agreement between You and Us regarding the use of Our Service.

“Third Party Service” means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through Our Service.

“Volition” (or "We", "Us" or "Our") refers to Volition Solutions Limited.

“Website” refers to Volition.tools (or any other website address we advise from time to time).

“You” means the person using Our Service, who could either be a Decision Maker or a Supporter.

2. About these Terms

2.1 You agree to these Terms: These Terms apply to Your use of Our Service. By accessing or using Our Service, You agree to follow these Terms.

2.2 If you don’t agree: If You disagree with any part of these Terms, then You need to stop accessing or using our Service.

2.3 Changes: We may modify and develop Our Service further.

3. Your Obligations

3.1 Use of Service: By using Our Service, You warrant:

(a) You are at least 18 years of age or have the permission of your parent or legal guardian to use Our Service. If You are under the age of 18, Your parent or legal guardian will be responsible for Your use of Our Service and any breaches by You of these Terms; and

(b) if You are a Supporter, that You have all necessary authority to access and use Our Service (including to access or input Content) on behalf of the Decision Maker whom you are supporting.

3.2 Further Information: If You are a Supporter, we may also request that You provide further evidence so We can determine if you have authority to act on behalf of a Decision Maker before granting You access to a Decision Maker’s Account. We may, at our discretion, restrict, suspend or remove Your access to a Decision Maker’s Account at any time for any reason (including where we believe you may not have authority to access the Decision Maker’s Account or otherwise to act on behalf of the Decision Maker).

3.3 Supporters: In using Our Service as a Supporter, You warrant that, at all times:

(a) the Content You input into Our Service about the Decision Maker:

(i) is true, accurate, reliable, and up to date;

(ii) is accessed or inputted by You in consultation with the Decision Maker, to the fullest extent practicable

(b) Your use and access of Our Service (including any Content You input into Our Service about a Decision Maker) is in the best interests of the Decision Maker.

3.4 Restrictions: You will not:

(a) attempt to scan, probe, test for vulnerabilities, tamper with, interfere with, or disrupt Our Service; or

(b) cause or permit Our Service or any part of it to be reproduced or reverse engineered.

4. User Accounts

4.1 Your details: When You create an Account with Us, You must provide Us with information that is accurate, complete, and up to date at all times.

4.2 Authentication: You are responsible for safeguarding access to your account. This includes safeguarding passkeys, passwords, magic links, or any other authentication method that You use to access Our Service, and any related activities or actions.

4.3 Unauthorised use: You must tell Us immediately if You become aware of any breach of security or unauthorized use of Your Account.

4.4 Linked Accounts: As a Supporter, You may request to create, access and/or use a Decision Maker’s Account. We may approve or reject Your request to link with a Decision Maker’s Account at Our discretion. If We approve Your request to create, access or use an account on behalf of a Decision Maker, then that Decision Maker’s account will become a “Linked Account”.

5. Your Content

5.1 Responsibility: You are solely responsible for the Content that You post to Our Service and for all activity that occurs under Your Account, including its legality, reliability, and appropriateness. For the avoidance of doubt, Supporters are solely responsible for any activity that occurs under their Account, including for any activity the Supporter undertakes in relation to a Linked Account.

5.2 Indemnity: You indemnify Us against any loss or damage we incur resulting from any:

(a) act or omission by You that is not expressly permitted under these Terms, or

(b) third party claim against us,

in relation to Content.

5.3 Warranty: You represent and warrant that:

(a) You own the Content or are otherwise authorised or licensed to provide it to us;

(b) You grant us a non-exclusive, worldwide, perpetual, royalty-free licence to use Your Content to the extent necessary for us to provide Our Service;

(c) Your Content will not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person; and

(d) You will not post or transmit any Objectionable Content.

5.4 Objectionable Content: We reserve the right, but not the obligation, to, in Our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and refuse or remove any Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if You post Objectionable Content.

5.5 Liability: You agree that We will not be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any use or reliance on the Content.

6. Protecting Your Personal Information

6.1 Privacy Act: We will comply with Our obligations under the Privacy Act 2020, the Health information Privacy Code 2020, and any other applicable law when We handle any Personal Information that We receive or process in connection with these Terms.

6.2 What we collect: As part of Our Service, We may collect and process Personal Information, including name, age, email address, diagnosis and medications, and any health, disability, care and life preferences.

6.3 What we use it for: We will only use Your Personal Information to the extent necessary for us to provide Our Service, or to comply with legal or regulatory requirements. If We need to use Your Personal Information for any other purpose, we will let you know in advance.

6.4 Disclosure: We will not share Your Personal Information with any third party (other than with authorised Supporters) unless: (i) You have authorised Us to do so (including where You choose to share information with a third party via Our Service), (ii) disclosure is necessary for Us to engage third parties to perform services for Us, or (iii) We are required to do so by law.

6.5 Third parties: Where We engage a third party to provide Services to Us (e.g. hosting or storage), we will ensure that they agree to: (a) only use Personal Information to the extent necessary to perform their functions (and not for other purposes), and (b) process the Personal Information in accordance with applicable privacy laws.

6.6 Storage: All Personal Information We collect is securely collected and held by Us and by our hosting providers (some of whom may be located outside New Zealand).

6.7 Access and correction: You can ask Us to provide You with access to review and correct any Personal Information about You or that You have input into Our Service on behalf of a Decision Maker by contacting us at info@volition.org.nz.

7. Content Backups

7.1 Loss of data: Although We perform regular backups of Content, We do not guarantee there will be no loss or corruption of data.

7.2 Support: We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. You acknowledge that, to the fullest extent permitted by law, We have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

8. Intellectual Property

8.1 Our Rights: You acknowledge that We own or licence all intellectual property rights in Our Service and Our original content (excluding Content provided by You or other users), features and functionality.

8.2 Your right to use: We grant You a non-exclusive, non-transferable licence to access Our Service in accordance with the terms of this Agreement.

8.3 Branding: You may not use our name or trademarks in any manner without Our prior written consent.

9. Links to Other Websites

9.1 Third Party Links: You acknowledge that Our Service may contain links to Third Party Services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party Services. We recommend that You read the terms and conditions and privacy policies of any Third Party Services that You visit.

9.2 No liability: We will not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such Third Party Services.

10. Termination

10.1 Termination: We may restrict, suspend or terminate Your Account immediately, without prior notice or liability, for any reason whatsoever, including (without limitation) if You breach these Terms.

10.2 Cancellation: If You wish to discontinue using Our Services let Us know by contacting Us at info@volition.org.nz at any time. Upon termination or expiry of these Terms, Your right to use Our Service will cease immediately.

11. Exclusion of warranty and liability

11.1 Early Public Release: You acknowledge that Our Services are continuously under development. Accordingly, We provides Our Services on an “as is” basis, without any warranty of any kind other than as expressly set out in these Terms. You acknowledge that any use of Our Services is at Your own risk.

11.2 Liability: To the maximum extent permitted by law, We will not be responsible or liable for any direct, indirect, consequential or incidental loss or damage arising out of or in connection with these Terms.

11.3 Liability cap: To the extent that Our liability under these Terms cannot be excluded, Our maximum liability will not exceed $100.

11.4 Implied warranties: Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This section does not limit Your rights under the CGA, except where You use Our Service for business purposes, in which case We expressly contract out of all provisions of the CGA to the extent permitted by law.

12. General

12.1 Governing law: These Terms will be governed by the laws of New Zealand. The New Zealand Courts have exclusive jurisdiction.

12.2 Dispute resolution: If You have any concern or dispute about Our Service, You agree to first try to resolve the dispute informally by contacting Us.

12.3 Severability: If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12.4 Waiver: The failure to exercise a right or to require performance of an obligation under these Terms will not affect a party's ability to exercise such right or require such performance at any time afterwards, nor will the waiver of a breach constitute a waiver of any subsequent breach.

12.5 Contact us: If you have any questions about these Terms, You can contact us by sending us an email: info@Volition.org.nz