Terms and Conditions

Terms and Conditions

The Community Hub

 

Acceptance of terms

This Agreement contains the complete terms and conditions (Terms of Use) that apply to your participation on the Australian Communities Foundation Community Hub (Community Hub). These Terms of Use apply in addition to any other terms and conditions which you are obliged to comply with when using the website owned and operated by the Australian Communities Foundation website (ACF Website) under domain name “communityfoundation.org.au”. If you wish to use the Community Hub, including its tools and services, please read these Terms of Use carefully. By accessing the Community Hub or using any part of the Community Hub or any content or services hereof, you agree to be bound by these Terms of Use. We may amend these Terms of Use from time to time by publishing the revised terms on our website. As such, we recommend that you revisit the terms each time you visit the Community Hub. If you do not agree with these terms, or any revisions made to them from time to time, then you should not continue to access or use the Community Hub.

Use of the Community Hub

The Community Hub allows donors (and potential donors) to access fund information and search and view grant opportunities that meet the requirements of the Australian Tax Office and applicable taxation legislation (for further details refer to the Sub-fund Manual accessible on the ACF Website), while grant seekers can submit a project or funding request to be listed on the funding request directory.

You are not permitted to:

  1. use the Community Hub, including its services and or tools, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Community Hub, its services, or tools;
  2. post false, inaccurate, misleading, defamatory, or libelous content;
  3. reproduce, retransmit, distribute, publish or circulate any such content without the consent of Australian Communities Foundation; or
  4. post any content in breach of any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy (including identifying any individual or their contact details without their consent).

You are responsible for the use of the Community Hub by anyone who uses it in connection with your account.

Registration information

To complete the registration process for the Community Hub, you must provide your name, a valid email address, and any other information specified in the form. You are responsible for keeping your password secure and for all activities and content that is uploaded under your account, whether authorised or not. Any information provided by you or gathered by the Community Hub (or third parties) during any visit to the Community Hub, shall be subject to the terms of the Australian Communities Foundation Privacy Policy.

Submissions

Any material you send to us via the Community Hub will be deemed to be non-confidential unless it is indicated otherwise.

Termination or suspension of service

Your personal account and access to the Community Hub may be terminated or suspended at any time and for any reason, without notice, including (without limitation):

  1. if you breach any of the Terms of Use;
  2. if you use a service for a purpose not authorised by Australian Communities Foundation; or
  3. for maintenance or security purposes.

All provisions of these Terms of Use which by their nature survive expiry or termination, will survive termination or expiry, including, without limitation, disclaimers and limitations of liability.

Limitations of liability

Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and the State/Territory fair trading authorities.

Subject to Your Consumer Rights, we make no representation that the operation of the Community Hub will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Community Hub, or any part of it, at any time and without notice to you. The information, content and services on the Community Hub are provided on an “as is” and “as available” basis. You acknowledge that we accept no responsibility for the completeness or accuracy of any of the information contained on or accessed through the Community Hub. Subject to Your Consumer Rights, and to the extent otherwise permitted by law, the Australian Communities Foundation excludes all liability for loss or damage arising from the use of, or reliance on the information contained in or accessed through, the Community Hub, whether or not caused by any negligence on our part or that of our agents or representatives. When you use the Community Hub and or participate therein, you understand and agree that you participate at your own risk.

You also acknowledge that, except in respect of grants made from the Impact Fund, the Community Hub is not involved in any way in the process of determining a grant seeker’s eligibility to receive a grant (other than in respect of the determination of that grant seeker’s Tax Concession Charity Status). This determination is made by the donors. The Community Hub has not thoroughly vetted, and does not make any other representations regarding, the grant seekers or donation account holders in respect of donor-advised grants. We are not liable in any way for any of the acts or omissions of any grant seeker or donor account holder, including in relation to any illegal or fraudulent misconduct.

Applicable law

Your use of the Community Hub is governed by and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Community Hub are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

The Community Hub may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Australian Communities Foundation makes no representations that the content of the Community Hub complies with the laws, including intellectual property laws, of any country outside Australia. If you access the Community Hub from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the Community Hub or where anything you publish or upload can be accessed.

Variations to Terms of Use

These are the current Terms of Use that apply to the Community Hub. Australian Communities Foundation reserves the right to amend these Terms of Use, and/or to introduce (or increase) fees in relation to some or all of the services provided through the Community Hub, at any time by publishing the varied Terms of Use and/or applicable fees on the Community Hub website. If any amendment materially impacts your rights or creates a new material obligation on you, we will take steps to notify you of the change.

Last Updated: March 2017.