1.1. The following Terms apply to your use of the Site, and the making of Donations through the site/
1.2. This is a website operated by Geelong Foodshare ABN 42 506 412 570 (We, us) under the domain name “geelongfoodshare.org” (Site).
1.3. Your use of the information, graphics and materials on the Site is governed by these terms of use. You agree that your use of the Site indicates your acceptance of these terms.
LINKS TO OTHER WEBSITES
2.1. The Site may contain links to websites operated by third parties (Third Party websites). We do not endorse, or approve of the operators of Third Party websites, or the information, graphics and material on those Third Party websites (Third Party Material).
2.2. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party websites or that Third Party Material does not infringe the intellectual property rights of any person.
2.3. All statements relating to goods and services available on Third Party websites are the responsibility of and given by the Third Party.
CONTENT
3.1. While we make every effort to ensure information is free from error, we do not warrant the accuracy, adequacy or completeness of content or material on the Site. All information is subject to change without notice. We do not guarantee that the Site will be free from viruses, or that access to the Site will be uninterrupted.
3.2. You represent and warrant that you have all rights to content (including any text, data, graphics, images, video, audio, articles and other materials) you give us in the course of accessing the Site and your grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to access, display, reformat, modify, create derivative works or, excerpt, translate, distribute or otherwise use such content in connection with the Site.
LIMITATION OF LIABILITY
Subject to any liability implied by law and which cannot be excluded, we (and our officers, employees, contractor or agents) are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of, or material on, the Site.
TERMINATION
These terms of use (and the agreement constituted by your use of the information, graphics and materials on the Site) and your access to the Site may be terminated at any time by us without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by us will survive termination, however, you will no longer be authorised to access the Site.
COPYRIGHT AND TRADEMARK
6.1. Copyright in the material on this website is owned or licensed by us.
6.2. Except where necessary for viewing the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on the Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
6.3. We reserve any rights not expressly granted in these terms of use.
ACCEPTANCE AND CHANGES
These are the current terms of use. They replace any other terms of use for the Site published on the Site. We may at any time vary the terms of use by publishing the varied terms of use.
DONATIONS
8.1. We are registered as a charity with the Australian Charities and Not for Profits Commission.
8.2. The Organisation will not accept a Donation where:
8.2.1. there is a reasonable belief that the donor is in vulnerable circumstances or lacks capacity to make a decision to donate; or
8.2.2. accepting the Donation would compromise the interests and objectives of our purpose and cause;
8.2.3. the cost of accepting the Donation will be greater than the value of the Donation; or
8.2.4. there is reason to believe that accepting the Donation may give rise to litigation.
8.3. The Organisation will consider all requests for a refund for Donations and will ensure genuine errors are corrected. However, we are under no obligation to give refunds and the decisions on refunds will be at our discretion. If you would like to request a refund in respect of a Donation, please provide details of the Donation, the amount, the date and the circumstances justifying your request.
8.4. If a Donation is refunded, the associated tax receipt is no longer valid and should be securely destroyed.
8.5. It is your responsibility to submit correct receipts to the Australian Taxation Office.
ONLINE PRESENCE
9.1. You must not, and not allow others to use or permit anyone else to access the Site:
9.1.1. to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
9.1.2. to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
9.1.3. for any purpose that is unlawful or fraudulent, attempts to access unauthorised data or configurations or interferes with the functionality of the Site;
9.1.4. to send unsolicited mail messages;
9.1.5. with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
9.1.6. in breach of these Terms.
9.2. We grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to these Terms.
9.3. All IPR in the Site, materials, information and content on the Site, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You must not, and must not attempt to, obtain any ownership or title to any such property. All rights are reserved.
9.4. If you communicate with us, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Site and developing your ideas and suggestions.
WARRANTIES
To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms.
INDEMNITY
You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against the Organisation where such loss or liability arose out of, or in connection with your acts or omissions or breach of these Terms, or in respect of a Donation.
VARIATIONS
We may amend these Terms at any time by posting such amendments on the Site. Any amendments only apply prospectively from the date of amendment.
FORCE MAJEURE
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
SEVERABILITY
If any portion of these Terms are deemed by a Court of competent jurisdiction to be invalid, then the remainder of these Terms shall remain in full force and effect and the offending provision or provisions severed.
GOVERNING LAW
These Terms will be governed by the Laws of Victoria.
WAIVER
A provision of these Terms, or right, power or remedy created under them, may not be varied or waived except as agreed in writing.
UNFAIR TERMS TO BE READ DOWN
17.1. If any law making unfair contract terms void or unlawful could apply to a term in these Terms, the following rules apply to interpreting that term.
17.1.1. if the law would make the term void because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term will be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way;
17.1.2. if the law would make the term void because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term will be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void.
17.2. If, despite the application of this clause, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void. These reading down rules apply before any other reading down or severance provision in these Terms.
INTERPRETATION In these Terms:
18.1. headings, bold type and square brackets are for convenience only and will not affect interpretation of these Terms;
18.2. words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
18.3. a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them; and
18.4. a reference to any of the words “include”, “includes” and “including” is read as if followed by the words “without limitation”.
DEFINITIONS
19.1. Donation means a donation made, or to be made, by you to us.
19.2. IPR means any intellectual property rights and includes all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.
