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Policies

GIVIT Terms of Use

 

1. Introduction

1.1  About these terms

These terms apply to Donors and Support Organisations who use GIVIT. Before you can offer or request a Donation using GIVIT, you will be required to accept these terms. Your acceptance of these terms forms a binding agreement between you and us consisting of these terms.

1.2 About GIVIT

GIVIT connects Donors with Support Organisations, and facilitates Donations by Donors to GIVIT and Support Organisations. Support Organisations can use GIVIT to request Items and Services needed by them or a Recipient they are supporting. Donors can use GIVIT to offer Donations.  Donations can be either cash, Items or Services.  We will use cash donations to purchase Items and Services for people in need as requested by Support Organisations, unless the Donor chooses to support GIVIT’s work.  Items and Services given by Donors are donated by the Donor to the Support Organisation and are not supplied by us.  We do not represent, act for or endorse any Donor or Support Organisation.

1.3 Privacy

Details of how we handle personal information are set out in our Privacy Policy.

1.4 Contacting us

Our contact details are on our website (givit.org.au). Please contact us if you have any questions about GIVIT or these terms, or if you identify any behaviour that is inappropriate or contrary to these terms.

1.5 Definitions

Some words and phrases used in these terms have a defined meaning.  The definitions are contained in section 5 of these terms.

2. Terms for Donors

2.1 Who this section applies to

Section 2 of these terms applies only to Donors.

2.2 Making Donations

You may use GIVIT to give Donations of cash, and to offer Donations of Items and Services.

2.3 Offering Items

(a) By offering an Item, you are committing to donate the Item if a Support Organisation accepts your offer within 2 weeks.

(b) You must not offer an Item:

(i) on the Prohibited List;

(ii) you know is unsafe, not in reasonable condition, or not suitable for the purpose for which the Item is intended to be used; or

(iii) you do not own or which is encumbered in any way.

(c) An Item you offer might not be accepted by a Support Organisation, in which case we will remove it from GIVIT after a period of time.  In addition, we may remove Items from GIVIT at any time and for any reason without notice to you.

2.4 Delivery or collection of Items

(a) If you offer an Item and indicate you can deliver the Item, you must deliver the Item (or arrange for the Item to be delivered) to a Support Organisation within the delivery area you indicated within a reasonable time after the Support Organisation accepts your offer.  You are responsible for the delivery costs.  If you have indicated the Item is to be collected, you must make the Item available for collection by the Support Organisation that accepts your offer.  We are not involved in the delivery or collection of Items offered by Donors.

(b) You acknowledge you will not be provided with information about a Recipient and will not be permitted to deliver an Item directly to a Recipient, or otherwise have direct contact with a Recipient.  This is to protect the anonymity, safety and dignity of both you and the Recipient.

(c) You acknowledge a Support Organisation may refuse to collect or take delivery of an Item that is unsafe, not in reasonable condition, or not suitable for the purpose for which the Item is intended to be used.

(d) When you deliver an Item or make an Item available for collection, you must not include or require the Support Organisation to accept any item that was not part of the original Item offered without our express written consent.

(e) When an Item is delivered to or collected by a Support Organisation, the Item becomes the property of the Support Organisation.

2.5 Offering Services

(a) When offering a Service, you must:

(i)  indicate whether the Service is being offered for free or at a discounted fee (and in the case of a discounted fee, you are responsible for invoicing and collecting payment of the fee from the Support Organisation); and

(ii) ensure the person who will perform the Service is competent and suitably licensed and qualified (if applicable) to provide the Service, and has any insurance required by law to cover risks arising from the performance of the Service.

(b) You must not offer or provide a Service on the Prohibited List.

2.6 Cash Donations

You may use GIVIT to give a cash Donation. You will be able to choose whether your Donation is used to purchase Items requested by a Support Organisation, or to meet our operating costs. Where your Donation is to be used to purchase Items requested by a Support Organisation, 100% of your donation received by GIVIT will be used to purchase Items for the Support Organisation.  If the amount of the Donation exceeds the cost of the Items, any remaining balance will be used to purchase Items to meet requests by other Support Organisations.  All cash donations are processed in Australian dollars.

2.7 Excess Donations

If the Donations for an Appeal exceed the requirements for the Appeal, we may use the Donations to support other vulnerable Australians in need, as determined by us in our discretion. Cash Donations will not be refunded.

2.8 Under 18 years

If you are under the age of 18, you need to make sure your parent or guardian reads these terms and agrees to them before you use GIVIT.

3. Terms for Support Organisations

3.1 Who this section applies to

Section 3 of these terms applies only to Support Organisations.

3.2 Becoming a Support Organisation

You can apply to register as a Support Organisation by completing the application form available on our website.  We may ask you to provide additional information relating to your application.  You must ensure all information you provide to us is current, truthful and complete.  We will evaluate your application and notify you of the outcome.  Our decision whether to approve your application is final.  If we approve your application, you will be entitled to use GIVIT as a Support Organisation.

3.3 Changes to your information or circumstances

(a) You must ensure information regarding your Support Organisation and registered users is kept current.

(b) You must promptly notify us if there are any changes to your circumstances that are relevant to your use of GIVIT as a Support Organisation.

3.4 Managing your use of GIVIT

You will need to appoint one or more administrators who will be responsible for managing your use of GIVIT. An administrator will be able to invite team members to register with GIVIT. Each administrator and team member will be provided with, or be able to select, a password to use GIVIT.  You must ensure passwords are kept secret.  Your administrators are responsible for removing access to GIVIT for team members that leave your organisation.  You are responsible for all use of GIVIT that is made by your administrators and team members, or by any person who uses their password, whether authorised by you or not.

3.5 Selecting Items and Services from the Virtual Warehouse

(a) You may select Items and Services from the Virtual Warehouse to meet the needs of Recipients or which will be used to support the work of your organisation.

(b) You must ensure you are able to collect the Items you select from the Virtual Warehouse if you commit to do so, or that you are within the delivery area indicated by the Donor.

3.6 Requesting Items and Services

(a) You may use GIVIT to request Items and Services that are genuinely needed by Recipients or will be used by you to support the work of your organisation.

(b)If you request an Item and indicate you will collect it, then you must ensure you have the means to collect the Item.

(c) You must not request an Item or Service:

(i) on the Prohibited List;

(ii) for resale, or that you reasonably suspect is likely to be resold by a Recipient or

(iii) for raffle or auction.

(d) We do not guarantee that Items or Services you request will be offered or given.

(e) You must promptly remove your request if an Item or Service is no longer needed.

(f) We may remove a request at any time in our discretion without notice to you.

3.7 Collecting and delivering Items

(a) You are responsible for collecting or accepting delivery of Items from Donors, and delivering them to Recipients.  Items are not permitted to be delivered by the Donor directly to the Recipient.  This is to protect the anonymity, safety and dignity of both the Donor and Recipient.

(b) You must endeavour to make arrangements to collect or accept delivery of an Item from a Donor, as indicated by the Donor in their offer, within a reasonable time.  The arrangements and cost of delivering Items are between you and the Donor.  We are not involved in the delivery or collection of Items.

(c) You are not required to collect or take delivery of an Item that is unsafe, not in reasonable condition, or not suitable for the purpose for which the Item is intended to be used.

(d) You must respond to the Donor's communications within a reasonable time, and be cooperative and courteous in all of your dealings with the Donor.  We ask that you report any inappropriate behaviour by the Donor to us.

(e) To protect the anonymity, safety and dignity of both the Donor and the Recipient, you must take reasonable steps to ensure the Donor of an Item does not know or find out the identity of the Recipient of that Item, and vice versa.

3.8 Items purchased by us using cash Donations

Where a Donor makes a cash Donation to cover the cost of an Item you have requested, we will purchase the Item, or a voucher for the Item, for you. We will liaise with you regarding the collection and delivery of these Items. If the amount of the cash Donation exceeds the cost of the Item, the excess may be used by us (in our discretion) to purchase Items to meet other requests by Support Organisations.

3.9 Gift cards and vouchers

Where an Item is a gift card or voucher, you must take reasonable steps to ensure the gift card or voucher is not used to purchase anything on the Prohibited List.

3.10 Services

(a) When you request a Service, you must:

(i) ensure there is a safe working environment for the Donor and comply with any workplace health and safety laws applicable to the provision of the Service;

(ii) take reasonable steps to avoid foreseeable harm, injury or loss to any person in connection with the Services;

(iii) satisfy yourself that the Donor has any required licences, qualifications and insurance to provide the Service; and

(iv) organise the provision of the Service, including directing and supervising the Donor in the provision of the Service.

(b) You are responsible for negotiating, entering and performing any contact with the Donor for the provision of the Service, including any amounts payable for the Service.  We will not be a party to the contract.

(c) You acknowledge that, where the Donor is a volunteer, the Donor might not be liable for civil liability arising from the provision of the Service, and such liability might automatically transfer to you as the community organisation that organised the Service.

(d) If the Service is to be provided directly to a Recipient, you must obtain the Recipient's consent to disclose any of their personal information, including residential address, to the Donor.

3.11 Protection of information

You must not use the personal information of the Donor for any purpose other than to arrange the collection or delivery of Items or the provision of Services. For clarity, you cannot store the Donor's personal information in a database for the purpose of contacting them to seek further support or donations.

3.12 Fees

We will not charge you any fees to use GIVIT.

3.13 Promotion

We may make reasonable use of your name and trademarks to promote GIVIT, unless you have asked and we have agreed not to do so.

4. Other terms

4.1 Your Content

(a) We may allow you to enter, create or upload Content.  You must ensure Content:

(i) is not offensive, defamatory, illegal or otherwise inappropriate;

(ii) does not contain another person's personal information, unless you have their express consent to include it; and

(iii) does not infringe another person's rights.

(b) You give us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to exercise intellectual property rights in Content to operate GIVIT.  If you have any moral rights in Content, you consent to us doing any act or omission in respect of Content that would otherwise infringe your moral rights.

(c) We may remove or edit any Content that does not comply with these terms.

4.2 Our trade marks

You must not use our name, brands or trade marks, or otherwise represent that you are sponsored, approved by or affiliated with us, without our express written permission.

4.3 Use of GIVIT

(a) You must not use GIVIT in a way that:

(i) would reasonably offend or upset another person;

(ii) interferes with another person's use of GIVIT;

(iii) breaches any obligation of confidentiality to another person;

(iv) involves the use of personal information contrary to our Privacy Policy;

(v) infringes the rights (including intellectual property rights) of another person;

(vi) is illegal; or

(vii) is otherwise harmful to our reputation or interests.

(b) You must not use GIVIT to send unsolicited marketing material to any person.

(c) You may make reasonable use of material and information we make available as part of GIVIT for the sole purpose of using GIVIT.

4.4 Suspending or terminating your use of GIVIT

We may suspend or terminate your use of GIVIT at any time at our discretion.

4.5 Links

Our website, apps or any other means by which we provide GIVIT may contain links to external websites. Links should not be construed as an endorsement, approval or recommendation of the owners or operators of linked websites, nor are we responsible for the content or privacy practices of these websites. We are not liable for any loss or damage, however caused, arising from the downloading or subsequent use of downloaded material from external websites.

4.6 Changes to GIVIT

Subject to section 4.7, we may change the way GIVIT works at any time and without notice to you. We may also suspend or end GIVIT. If we end GIVIT, this agreement immediately and automatically terminates.

4.7 Changes to these terms

We may change these terms from time to time.  We will endeavour to ensure you are aware of any changes to these terms that affect you.  The current terms will be published on our website.  You should check the terms on our website regularly, or contact us to obtain the current terms.  You are free to stop using GIVIT any time.  If we make a change to these terms that you do not agree with, then you should stop using GIVIT.  Otherwise, your continued use of GIVIT will mean you accept the change to these terms.

4.8 Disputes between Donors and Support Organisations

Where a Donor and Support Organisation are in dispute, they are responsible for resolving the dispute including all costs associated with doing so. We may endeavour to assist the parties to resolve the dispute, but we have no obligation to do so and no obligation to be involved in the dispute in any way at all.

4.9 Disclaimer and exclusion of liability

(a) While we will endeavour to make GIVIT available to you in accordance with these terms, we exclude all liability arising from or relating to your use of GIVIT.

(b) We are not responsible for Items or Services.  Support Organisations are responsible for checking Items prior to collecting or accepting delivery of them.  We make no representation and give no warranty, guarantee or assurance about Items or Services, including that Items and Services will be as described by a Donor, suitable for any specified purpose or their intended purpose, of merchantable quality, compliant with any applicable laws or standards, that Items come with full title and ownership or that Services will be performed with due care and skill and within a reasonable time.  We exclude all liability for loss or damage of any kind, including personal injury or death, caused by Items or Services or the persons providing them, or the use of Items or Services.

(c) We are not responsible for the actions of Support Organisations or Donors.  We make no representation and give no warranty, guarantee or assurance about the truth or accuracy of any information provided by Support Organisations or Donors, including the experience or qualifications of Donors or their ability to give any Item or perform any Service offered.  We expect Support Organisations and Donors to comply with these terms, but we are not responsible if they do not.  We exclude all liability for loss or damage of any kind caused by the acts or omissions of Support Organisations or Donors, including any act or omission that is contrary to these terms, negligent, defamatory, illegal or infringes the rights of another person.

(d) Each Support Organisation indemnifies and will defend us and our officers, employees and agents ("those indemnified") against loss or liability suffered or incurred by those indemnified due to a claim by any person in connection with an Item or Service requested, organised or provided by or on behalf of the Support Organisation, except to the extent the claim was caused by an act or omission of those indemnified that was unlawful or constitutes wilful misconduct or gross negligence.

(e) Our website, apps or any other means by which we provide GIVIT might not be available at all times and might not be free from errors.  We exclude all liability arising from the unavailability of GIVIT or our website, apps or others means by which we provide GIVIT.

(f) We exclude liability for any loss or damage which is incidental, consequential, special, exemplary, punitive or indirect.

(g) Any term, condition or warranty which would otherwise be implied into this agreement is excluded.

(h) To the extent our liability cannot be excluded, our liability to you for breach of these terms, or in tort (including negligence) or for any other common law or statutory cause of action is limited to $100.

(i) The exclusions and limitations in this section 4.9 operate for the benefit of GIVIT and its employees, agents, officers or directors, and to the maximum extent permitted by law.

4.10 General

(a) You cannot transfer or assign your responsibility for, or your rights under, these terms without our prior written consent.  We can transfer or assign our responsibility for, or our rights under, these terms at any time to any person without telling you.

(b) There is no agency, partnership, joint venture or employment relationship intended or created by or arising out of use of GIVIT.  You must not hold yourself or your organisation out as being our agent or representative.

(c) We can exercise our rights at any time within the limits of the law.  If we delay or fail to exercise our rights, this does not mean we give up those rights.

(d) When we are required by law to give information to you, you consent to that information being given by an electronic communication.

(e) These terms are governed by the laws applying in Queensland, Australia.  You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in any action or legal process concerning these terms.

(f) In these terms, headings are for convenience only and do not affect interpretation, and unless the context requires otherwise:

(i) a reference to a document (including these terms of use) is to that document as varied, novated, ratified or replaced from time to time;

(ii) "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

(iii) a word importing the singular includes the plural (and vice versa);

(iv) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and

(v) "includes" in any form is not a word of limitation.

5. Definitions

In these terms, the following words and phrases have the meaning given to them below.

"Appeal" means a request for Donations for a specific purpose, as determined by us from time to time.

"Content" means any text, images or other content you enter, create or upload using GIVIT.

"Donation" means a cash donation, or an Item or Service, offered or given to a Support Organisation or GIVIT (including where an Item or Service is offered or given for a discounted fee).

"Donor" means a person who offers or gives a Donation.

"GIVIT" means the platform operated by us that connects Donors and Support Organisations.

"Item" means any goods offered or given by a Donor or requested by a Support Organisation using GIVIT.

"Prohibited List" means the list of Items and Services that cannot be requested, offered or given or otherwise dealt with using GIVIT as determined by us from time to time. The Prohibited List is available here.

“Recipient” means the person or persons being assisted by a Support Organisation.

“Service” means any service offered or given by a Donor or requested by a Support Organisation using GIVIT.

"Support Organisation" means an organisation we approve as a Support Organisation for GIVIT.

"Virtual Warehouse" means the list visible to registered Support Organisations of available Items and Services offered by Donors.

"we" and "us" means GIVIT Listed Ltd ABN 21 137 408 201.

"you" means the person who is using GIVIT as a Donor or Support Organisation.

 

 

 

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