Terms of Service:
Target Support Services Trust’s mission is to bring an end to Adult Bullying in organisations.
For us to fulfil our mission, our WorkRight23 website, WorkRight23 platform, and services need to be safe, and we must ensure that they are used as intended.
These Terms of Service (“these Terms”) are a set of rules that we enforce to keep the website, platform, and services safe for our users, for us, and for third parties.
They also outline rights and responsibilities of you and of Target Support Services Trust.
Binding Agreement: By using the WorkRight23 website, platform and service, you agree to abide by these Terms and you consent to our Privacy Policy.
If you do not agree to these Terms, do not access or otherwise use any of our services.
1. Creating Your Account
- WorkRight23 platform is for individuals only
- Target Support Services are offered only in NZ
- Minimum age to use WorkRight23 platform
- Account information must be accurate
2. Use of the Website, Platform and Services
- Knowledge base accessible to registered members.
- Organizational Assessment accessible by members
- Reporting incident entries must only be made Targets and Bystanders (witnesses)
- No fraudulent accounts or activities
- Target Support Services Trust’s right to ban accounts
- GP referrals
3. User Entries and Links to Resources
- No responsibility for the content or actions of our users
- Links to third party resources
4. Options Coaches and Legal Options Advocates
- Target Support Services Trust’s Options Coaches
- Legal Options program for matched Targets
- Engagement of Legal Options Advocates
- Independent Legal Counsels
- Interacting with your Legal Options Advocate
5. Target Support Services Trust’s Rights and Licenses
- Our rights to the platform and services
- Your license to Target Support Services Trust for your content
6. Legal Protection of Target Support Services Trust
- No guarantee of continued service
- As is service
- No warranty
- No waiver
- No assignment
- Limitation of liability
- Indemnity
- Termination and survival
7. Dispute Resolution
8. Updating These Terms
9. How to Contact Us
1. Creating Your Account
WorkRight23 platform is by individual membership only
You will need an account for all activities on our platform including: 1) Access the knowledge base;
2) Complete an assessment; 3) Search for an organization’s assessment; and 4) Reporting on adult bullying in an organization past or current.
This is because we want to make sure that our services are kept safe. You must be an individual person to use the WorkRight23 platform.
You may not create an account or use the services for or on behalf of a company, organization, government, or other legal entity.
Target Support Services are offered only in NZ
While we would love to help Targets all around the world, our services are currently designed only for people who live in the New Zealand
regardless of your immigration status (just living in the New Zealand qualifies you for our service).
Minimum age to use WorkRight23 platform
You have to be at least 14 years or older to create an account.
Account information must be accurate
When creating and managing your account, you must provide accurate and complete information, including a valid name and contact information that is yours and not someone else’s.
When creating an account, don’t impersonate anyone, act on behalf of anyone or use a false name. When creating an entry, do not use fake contact information.
We will immediately terminate accounts that we suspect are fake, fraudulent, or set up on someone else’s behalf. You may not transfer your account to someone else or use someone else’s account.
2. Use of the Website, Platform and Services
Knowledge base accessible to registered members.
The Knowledge Base can be accessed only by a registered member. Some areas of the Knowledge Base are only accessible to Targets and Bystanders who are recording incidents.
Some areas of the Knowledge Base will have additional fees, once fee is paid, access will be granted.
Organizational Assessment accessible by members
Organizational Assessments can be completed only by persons who ‘worked’ for the organization. The work can be as a volunteer, employee, labour hire or contractor.
Search and review of an Organisation Assessment can only be done by a member.
Reporting incident entries must only be made Targets and Bystanders (witnesses)
Reporting entries must be made by the Target of adult bullying or by a first-hand witness (bystander) to the bullying behaviour.
Even if you consider yourself the supporter or ally of a Target, do not create an entry on behalf of someone else.
It is important that every entry is created and submitted by the Targets/Bystander themselves, so that these Target or Bystander
fully agree to submit their entry information and enter into the matching system, directly receive the advice of the Options Coach or Legal Options Lawyer,
and are fully empowered to make decisions for themselves. If we discover that an entry has been made by a person who was not the Target or Bystander,
these entries will be removed from the platform.
No fraudulent accounts or activities
We believe targets and bystanders and we expect that all entries created by our users are truthful. If we suspect that an account or entry has been created fraudulently,
or that our platform is used in a way that is not aligned with our mission to support Targets, we may immediately terminate the account.
Target Support Services Trust’s right to ban accounts
Target Support Services Trust has discretion in enforcing these Terms. We may terminate or suspend your access to our website, platform and services or disable your account at any time,
and with or without notice to you, for any material or repeated violation of these Terms, or for engagement by you in fraudulent or illegal activities.
Upon any such termination we may delete your account, passwords, and entry information and we may prevent you from further access to the platforms and use of our services.
Your entry information may still be stored on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party
for termination of your account, removal of your entry information or blocking of your access to our platforms and services.
GP Referrals
When/if your GP provides a referral for you to the WorkRight23 Platform, your GP will confirm that
you agree to share the outcomes of your mental health checks as well as current status state of you
reporting with your GP. This will enable another point of care assisting for your overall wellbeing.
3. User Entries and Links to Resources
No responsibility for the content or actions of our users
The WorkRight23 platform enables any individual to create entries to document their bullying and to identify their perpetrator. This enables targets to gain access to the advice in the Knowledge Base,
from an Options Coach, or from a Legal Options Advocate and to potentially coordinate their actions to seek justice with targets who have also named the same perpetrator.
We do not investigate claims or accusations made by our users in their entries. We simply match Targets who named the same Perpetrator and refer each of them to third party
Legal Options Advocate to advise them. We are not in a position to monitor or determine the veracity or accuracy of entries. As such, we are not responsible for the reliability, validity,
accuracy, or truthfulness of any entry. We make no representation or promise that a target with whom you have been matched has a valid claim.
Links to third party resources
When you use our platform, you will find content and links to other websites and publications that we suggest as resources for Targets.
While we are careful about curating resources that will be helpful, we do not own or control these websites or publications, and therefore we are not responsible
for the content or any other aspect of these third party sites, including their collection of information about you. You should read their terms and conditions and privacy policies.
4. Options Coach and Legal Options Advocate
Target Support Services Trust’s Options Coaches
If you are a Target and have create entries and if you answered yes to thinking or being suicidal or you show a decline in attitude on the mental health assessments,
a key will be sent to an Workright23 Options Coach will contact you using the contact details you submitted when registering as a member.
The Options Coach will refer a target to helpful resources and may with the Targets permission, have a mental health professional contact the target or support person.
Throughout the process, the Target will remain in control of their choices and options. They will never be obligated to take the advice of the Options Coach or follow through
with advice or suggestions from the Options Coach. Our goal is to empower the Target with information so that you retain agency in deciding if and how you move forward.
Legal Options Program for matched Targets
Target Support Services Trust partners with attorneys and employment advocates (“Legal Options Advocates”) who have agreed to advise matched users of the WorkRight23 platform on
their options to seek justice. If you are a Target and have create entries and if you are matched with another Target who also created an entries and reported the same Perpetrator,
a Legal Options Advocate will reach out to you using the contact details you submitted when registering as a member. The Legal Options Advocate will offer you legal advice on your
options to move forward and seek justice. The Legal Options Advocate will help you understand these options, and their pros and cons, to help you to decide what the right course of
action for you is. Matched Bystanders (witnesses) will only be contacted after the Targets have made their decision to move forward. Bystanders will be provided with options as a witness.
Your recorded incident records will be delivered to your legal Advocate upon your written authority.
Throughout the process, both the Target and Bystander will remain in control of their choices and options. They will never be obligated to take the advice of the Legal Options Advocate
or follow through with advice or suggestions from the Options Coach or Legal Options Advocate. Our goal is to empower the Target and Bystander with information so that you retain
agency in deciding if and how you move forward.
Engagement of Legal Options Advocate
You will be asked to sign an engagement letter with your Legal Options Advocate. You will not have to pay any fees to the Legal Options Advocate.
All fees are paid by Target Support Services Trust’s or are part of Legal Options Advocate’s participation in our program.
Since Legal Option Advocates are attorneys or Employment Advocates and you will be communicating with them to seek and receive legal advice, the secrecy of your communications
about your legal options will be protected under the attorney-client privilege, as long as you don’t disclose the content or nature of these communications with anyone else, including another Target.
If you desire, your Legal Options Advocate may also work with the Legal Options Advocate of other Targets who designated the same Perpetrator that you designated.
This facilitates the coordination of actions between you and the other Target(s), based on your respective desired outcomes. If, after being advised by your respective Legal Options Advocate,
both you and the other Target agree, you can share your identities and you can meet and communicate via the Legal Options Advocate. This would all be done after signing a special
type of agreement between you, the other survivor, and both Legal Options Advocate, referred to as “common interest representation agreement”. This would enable you to share
information without losing the protection of the attorney client privilege.
The scope of legal advice services provided by the Legal Options Advocate will be limited. They will only help you understand all aspects of the various options you may have to
move forward and seek justice. If, after talking with your Legal Options Advocate, you wish to pursue a specific action, the Legal Options Advocate will endeavour
to refer you to a relevant lawyer or resource.
Independent Legal Counsels
Legal Options Advocate are assigned cases based on the location the offence occurred.
We will be selective in accepting advocates in our Legal Options Program, to ensure that we work with advocates who understand how to work with Targets and who also aligned with our mission.
However, Legal Options Advocates remain independent lawyers or employment advocates. This means that you will have a direct relationship with your Legal Options Advocate,
and if you are not satisfied with the services of your Legal Options Advocate, your recourse will be against the Legal Options Advocate and not against Target Support Services Trust.
Target Support Services Trust makes no representation guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be
provided by any of the attorneys, law firms, or legal service providers who participate in our Legal Options Program. Target Support Services Trust does not sanction any advice given,
statements made, or work product delivered to you by any Legal Options Advocate.
Target Support Services Trust does not offer any legal advice, mediation, or counselling through the WorkRight23 platform or services. Content available on our website and through
posted resources is for information only and does not constitute legal advice.
Interacting with your Legal Options Advocate
Your Legal Options Advocate is there to advise you as you are their client, and we expect that your Legal Options Advocate will deliver you advice in a trauma-informed manner.
If you are not satisfied with the services of your Legal Options Advocate or do not like the way your Legal Options Advocate is interacting with you, please let us know by
emailing us at support@WorkRight23.org.nz. Do not include any information about your Perpetrator or the adult bullying incidents.
We understand that speaking with an Options Coach or Legal Options Advocate may be a very difficult challenge for Targets. We however request that you remain cordial with your Legal Options Advocate.
You may not be disrespectful, offensive, rude, aggressive, or threatening in any way when interacting with your Legal Options Advocate.
If this happens, the Legal Options Advocate will have the right to no longer provide services to you and Target Support Services Trust will not provide another Legal Options Advocate.
5. Target Support Services Trust’s Rights and Licenses
Our rights to our platform and services
All rights, title, and interest in and to the WorkRight23 platform and services including our website, future applications, the databases, and the content our employees
or partners provide through our website and services are and will remain the exclusive property of Target Support Services Trust and its licensors.
The platform, website, and services are protected by copyright, trademark, and other laws of New Zealand. Nothing gives you a right to use the WorkRight23
name or any of the WorkRight23 trademarks, logos, domain names, and other distinctive brand features.
You may not do any of the following while accessing or using the WorkRight23 website, platform, and services:
1. Access, tamper with, or use non-public areas of the platform, computer systems, or the technical delivery systems of Target Support Services Trust
service providers or access our APIs via any means other than through the intended use of the WorkRight23 platform and website
2. Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems
3. Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any infrastructure, server configuration or private keys
of Target Support Services Trust, its users, or its Legal Options Advocates.
4. Access or search or attempt to access or search our platform database by any means (automated or otherwise); scrape, spider, use a robot, or use other
automated means of any kind to access the website, platform or services
5. In any way use the Target Support Services Trust services to send altered, deceptive, or false source-identifying information (such as sending email communications
falsely appearing as WorkRight23); or interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation,
sending a virus, overloading, flooding, spamming, mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.
Your license to Target Support Services Trust for your content
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Target Support
Services Trust to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits
to it as we see fit. This includes using your testimonials to promote our platform. You also agree to all such uses of your content with no compensation paid to you.
We promise however that we will never post any sensitive information that identifies you without your consent. See our Privacy Policy for more details.
6. Legal Protection of Target Support Services Trust
No guarantee of continued service
We may decide to cease making available the WorkRight23 platforms, website, or services or any portion of the services at any time and for any reason.
Under no circumstances will Target Support Services Trust or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.
We will not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our
reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of
telecommunications or data networks or services, or refusal of approval or a license by a government agency.
As is service
Use of the WorkRight23 platform, website and services is at your own risk. These (including the content you find) are provided on an “AS IS” and “AS AVAILABLE” basis.
Target Support Services Trust and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
No warranty
Target Support Services Trust and its affiliates, suppliers, partners and agents make no warranty that (i) its website, platform or any services provided will meet your requirements;
(ii) the website, platform or services will be uninterrupted, timely, secure or error-free or that Target Support Services Trust will fix any errors;
(iii) you will obtain any specific results from use of the website, platform or services; or (iv) any content on the website, platform or services is accurate,
complete, reliable, current or error-free. Any content obtained through use of the website, platform or services is obtained at your own discretion and risk and
Target Support Services Trust shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other
destructive code resulting from use of the website, platform or services.
No waiver
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide
to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.
No assignment
These Terms, and any rights and licenses granted to you under these Terms, may not be transferred or assigned by you, but may be assigned by us to another organization,
company or person without restriction.
Limitation of liability
To the fullest extent permitted under law, Target Support Services Trust and its affiliates, suppliers, partners and agents have no obligation or liability
(whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or
consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from
or related to your use of the website, platform, or services, or any content provided, even if we have been advised of the possibility of such damages in advance.
This limitation applies to damages arising from (i) your use or inability to use the website or platform and access the services; (ii) cost of procurement of
substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the platforms; (iv) third party
content made available to you through the platform or services; or (v) any other matter relating to any aspect of the website, platform or services, including
any future applications, email communications, and Target Support Services Trust or WorkRight23 content on third party sites.
Notwithstanding anything to the contrary contained herein, Target Support Services Trust liability and the liability of each of its affiliates, suppliers, partners,
and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100).
Indemnity
You agree to indemnify, defend (if we so request), and hold harmless Target Support Services Trust and its affiliates, suppliers, partners, and agents from and against any
claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the information you post or submit, your use of and connection to
the WorkRight23 website, platform, applications, or services, your violation of these Terms or your violation of any rights of any third party. Your indemnification
obligation will survive the termination of these Terms and your use of the website, platform and services.
Termination and survival
These Terms are in force and applicable to you for as long as you continue to use the WorkRight23 website and platform and as long as you have an account.
Sections 3 through 7 shall survive the expiration or termination of these Terms.
7. Dispute Resolution
Target Support Services Trust is a New Zealand based Charitable Trust organization and these Terms are governed by laws of New Zealand, without regard to their conflict of law principles.
If a court having proper authority decides that any portion of these terms, policies, and guidelines are invalid, only the part that is invalid will not apply and the rest will still be in effect.
In the event of any dispute between you and us arising from or relating to these Terms or your use of the WorkRight23 platform, website or Trust service, we shall use our respective
best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute,”
specifically setting forth the precise nature of the dispute. Please send any Notice of Dispute to us via email at support@WorkRight23.org.nz. Following WorkRight23’s receipt of the
Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute
that is satisfactory to both parties.
If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent
claim, legal proceedings, or litigation arising in connection with the WorkRight23 services will be brought solely in the court located in New Zealand, and you consent to the jurisdiction
of and venue in such court and waive any objection as to inconvenient forum.
8. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and WorkRight23 reserves
the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means
such as by posting a notice through our website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our website, platform or services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
9. How to Contact Us
We would love to hear your questions, concerns, and feedback about these Terms and our website, platform, and services.
If you have any questions or suggestions for us, or need help, feel free to contact our support team at support@WorkRight23.org.nz.
Because email communications are not always secure, please do not include sensitive information in your messages to us.
Last updated on 10 May 2021