Terms and Conditions
The Giving Guide website with URL address https://www.gg.org.au (the website) is owned and operated by Charitable Governance Foundation Ltd (ABN 70 637 858 167) (“our”, “we”, or “us”).
By accessing our website, you agree to these terms and conditions of use. If you do not agree to these terms and conditions you must cease accessing or using our website. We may amend or add to these terms and conditions by publishing updated terms and conditions on our website. Materials and information on this website (content) are subject to change without notice.
We offer you access to the services available on our website. If not stated otherwise, new features that enhance or supplement our website are subject to these terms and conditions.
If you are under the age of 18, you should review these terms and conditions of use with your parent or guardian to make sure that you and your parent or guardian understand it.
1 Description and use of services
The website helps donors make informed decisions about making donations and enables charities to demonstrate their commitment to their purpose, donors and Australia.
We have collected, compiled and collated information from the Australian Charity and Not for Profits Commission (ACNC), the Australian Business Register (ABR) and publicly available information, which is accessible through a searchable database on our website.
Information from the ACNC is provided under a Creative Commons licence, the current version of which is the Creative Commons Attribution 4.0 International Licence (CC BY 4.0). The details of the relevant licence conditions are available on the Creative Commons website, as is the full legal code for the CC BY 4.0 licence.
2 Registered users
Some services are limited to registered users and representatives of accredited charities. For purposes of the terms and conditions, unless otherwise stated, the term ‘registered user’ includes charity representatives.
During the registration process, we will ask you to create an account, which includes a sign-in name, a password, and certain additional information that will assist in authenticating your identity when you log-in in the future (unique identifiers).
You will provide true, accurate, current, and complete information. Each sign-in name and password can only be used by one registered user. You are solely responsible for the confidentiality and use of your sign-in name and password, and unique identifiers, as well as for any use, misuse, or communications using one or more of them.
You will promptly inform us of any need to deactivate a sign-in name and password or change any unique identifier. We reserve the right to delete or change your sign-in name, password or unique identifier at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorised use of your account.
We are not obliged to accept any person as registered user. We may accept or reject any registration at our sole discretion. We can deactivate or delete any account at any time at our absolute discretion, including if we determine a registered user has violated the terms and conditions or any other policies mentioned on this website.
3 User content and warranty
As a registered user you may be permitted to submit relevant information and content (user content) on our website. By making available any user content on or through our site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the user content, with the right to exploit such user content on, through or by means of our website.
You represent, warrant, and covenant that:
- you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your user content and any other works that you incorporate into your user content, and all the rights necessary to grant the licenses and permissions you grant;
- use of your user content in the manners contemplated in the terms and conditions shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
- you shall not submit to the service any user content that would constitute a prohibited use of the service as set out below.
4 Third party applications and websites
Our website may contain links to third party websites or applications 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 website or application.
5 Permitted uses
You may access and use the website for the following purposes:
- to learn about charities for the purpose of evaluating them as recipients of charitable donations including grants;
- to learn more or exchange information about specific charitable organisations or general issues of interest to the charity community;
- to investigate charities for purposes of providing goods or services to them or for entering into other types of business relationships with them;
- to fulfill your business or organisation’s mission of making charitable donations;
- to conduct comparative research purposes;
- for your own internal business use; and
- in the case of governmental agencies, performing regulatory or research functions related to charities.
6 Prohibited uses
You will not:
- use the website other than as authorised by the Terms and Conditions;
- use the website for the benefit of any third party, unless previously permitted in writing, including not accessing or using the website to collect market research for competing business or businesses;
- modify information from the website except in connection with permitted use;
- tamper, alter, change or otherwise reverse engineer the website, including, without limitation, any interfaces or software programs comprised within, including to cover, obscure, block, or, in any way, interfere with warnings or promoted messages and/or safety features (e.g., attention banner) on the services
- take action that impedes or interferes with operating the website, including attempting to interrupt the operation of the services or causing a security breach of the services and/or content;
- re-distribute or publish any of our website content without written consent;
- use any data mining, web-scraping, spiders, robots, or similar data gathering and extraction methods with respect to the website;
- use the website directly or indirectly in competition with Giving Guide in any way whatsoever;
- use our service for illegal or unlawful purposes, or instigate or encourage others to commit illegal activities or cause injury or property damage to any individual;
- post, transmit, upload, e-mail or make content available that infringes copyright or proprietary rights of individuals or entities, including trademarks and the right of publicity;
- make available any content that is knowingly false, defamatory, contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity), promotes violence, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy; or discloses sensitive information about another individual, including that individual’s e-mail address, mailing or permanent address, phone number, credit card information, or any similar information;
- stalk, threaten, or otherwise harass another user or registered user;
- post any off-topic or irrelevant material to the website;
- acquire or attempt to acquire any resources or information through any means not intentionally made available through the services;
- gather for the purpose of “spamming” any email addresses that users post in any public posting areas;
- violate local, state, national, or international law;
- manipulate identifiers in a manner that disguises the origin of any content you transmit through any communications service; and
- impersonate any individual or entity or falsely state or otherwise misrepresent your affiliation with an individual or entity.
7 Intellectual Property
Our services contain intellectual property, such as software, text, graphics, images, sound recordings, audio-visual works, and other material provided by us or by third parties on our behalf (i.e. content). Content may be owned by us or by third parties. Unauthorised use of our content or user content may violate copyright, trademark, and other laws. You have no rights in or to content, and you will not use content except as permitted under these terms and conditions.
No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use content in any way for any public or commercial purpose. The use or posting of content for any purpose is expressly prohibited.
If you breach any part of the these terms and conditions, your permission to access and/or use the content and the services automatically terminates and you must immediately destroy any copies you have made of the content.
Nothing about the services should be construed as granting, by implication, estoppel, or otherwise, any license or right for you to use them without our prior written permission specific for each use. All goodwill generated from use of the services inures to our benefit.
Our services may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of our content may be retransmitted without our formal written consent for every instance.
You understand and agree that, when you apply to become a registered user that we may send you communications from time to time, including product announcements, including announcements concerning modifications, enhancements, and/or upgrades to the website; service announcements, including conditions or other possible interruptions that may affect use of and/or access to the website and/or any services or other products offered by us; and other administrative updates. Registered users agree to receive such communications as a condition of using the website.
Although we encourage correspondence you should not send us content that contains confidential information. As described under prohibited uses, you should not send content you do not have the right to make available. All communications sent to us, including, but not limited to, feedback, questions, comments, suggestions, is open to use including any content contained in your communications for any purpose, including but not limited to, the development, production, and marketing of products and services that incorporate such information without payment or implied obligation.
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, members and volunteers harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- your breach of the terms and conditions;
- your access to, use, or misuse of content, user content, or the services; and
- your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests helping our defence of such matter.
10 No warranties
We make no warranties or representations about the contents of our services. We shall not be subject to liability for any delays or interruptions of the services from whatever cause. You agree that you use the website its content and services at your own risk.
We do not guarantee the services will operate error-free or that the services, its servers, content, or user content are free from computer viruses, similar contamination or destructive features. If your use of content, user content, or the services results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The content, the user content, and the services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. We will not be liable for any damages whatsoever resulting from the use, inability to use, disclosure, display, or maintenance of any content, user content, or the services, whether based on warranty, contract, tort (including negligence), or otherwise.
Although we endeavour to represent information as accurately as possible our services may contain technical inaccuracies, typographical errors or omissions. We deny any responsibility for any such typographical, technical, or other errors. We reserve the right to make changes, corrections, and/or improvements to the services at any time without notice.
11 Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense suffered by you or any third party, arising from or in connection with your use or inability to use our website. We are not liable if any content is inaccurate, incomplete or out-of-date.
You agree any cause of action arising out of our services must be commenced by you within 6 months after the cause of action accrues otherwise the action is permanently barred.
We will review all claims of copyright infringement received and remove any content or user content deemed to have been posted or distributed in violation of such laws.
If you believe services or work have been copied in a way that constitute a copyright infringement please provide notice in accordance with the requirements of the Copyright Act 1968 (Cth).
Please also provide your current details to make contact with you including your name, address, telephone number and e-mail address.
13 No Waiver
Our failure to act on or enforce any provision of the terms and conditions shall not be construed as a waiver of that provision or any other provision. Waivers will only be effective against us unless made in writing, and no waiver shall be construed as a waiver in any other instance.
14 Entire Agreement
Except as expressly agreed in writing by both parties, the terms and conditions constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or coexisting agreements, whether written or oral, between the parties with respect to the services.
In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These terms and conditions are governed by the laws of New South Wales. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia.
17 Removal of content and refusal of service
We reserve the right, in our sole and absolute discretion, to remove any content that does not adhere to the terms and conditions. We may also deny access to the services, or any portion of the services, without notice to any user.
18 Complaints, questions or notices
- If you find something that violates these terms and conditions, please let us know by contacting email@example.com with the subject line “Terms and Conditions”. We will review the content for potential violations (provided, however, that we shall not be required to monitor or remove any content submitted by a third party application).
For any questions and notices, please contact us at: firstname.lastname@example.org