TERMS AND CONDITIONS

Important note:

These Terms of Access form a legal agreement between you and DonateDirect Ltd. You should read these Terms of Access before using this website. In particular, you should be aware that:

• if you are donating or accepting donations of electrical items you must comply with the labelling requirements in section 7;
• if you are accepting large furniture which may cause injury if tipped over, we recommend that you advise the ultimate recipient to securely attach the item to a wall; and
• if you are accepting donations on behalf a community organisation, you must not provide personal details of the donor to the disadvantaged individual to whom items are to be provided or direct the individual to whom items are to be provided to collect the item from a donor.

Accessing the Website

1. General

1.1 This website (the Website) is owned and operated by DonateDirect Ltd ABN: 24 608 967 264 (DonateDirect) on the World Wide Web (WWW).

1.2 The material on the Website is copyright DonateDirect and/or other copyright owners.

1.3 The Website is available for you to:

(a) access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page; and

(b) if you are a donor, donate items to community organisations who in turn make the items available to disadvantaged individuals; and

(c) if you are a community organisation, to obtain donated items.

By continuing to access the Website you are agreeing to the terms and conditions set out below.

2. Use of the Website

2.1. If you are using the Website as an employee or volunteer for a community organisation to seek donations, you must only use the Website with approval from your organisation and if your organisation has registered as a community organisation with DonateDirect. In these terms, a community organisation means any organisation which provides support or services to disadvantaged individuals.

2.2. Except for the limited use set out in paragraph (b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(a) the reproduction of the material in any material form;

(b) the distribution of the material in any material form;

(c) re-transmission of the material by any medium of communication;

(d) uploading and/or reposting the material to any other site on the WWW;

(e) “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

2.3. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

2.4. You may not modify or copy:

(a) the layout of the Website; or

(b) any computer software and code contained in the Website.

2.5. DonateDirect reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(a) re-sold and/or re-distributed in any material form;

(b) stored in any storage media; and/or

(c) re-transmitted in any media,

without the prior written consent of DonateDirect.

2.6 If you are donating items and upload information or images to the Website (“Content"), you grant us a non-exclusive licence (including a right to sublicense) to use, reproduce and publish the Content on the Website for the purposes of operating our service.

3. Passwords

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).

4. Termination of access

DonateDirect may terminate access to the Website at any time without giving any explanation or justification for the termination of access.

Donor’s Obligations

5. Uploading information and donating items

5.1. You agree not to:

(a) donate any items through the Website which are on the list below of items we do not accept; or

(b) deliver any donated items directly to a disadvantaged individual on whose behalf a community organisation contacts you through the Website.

5.2. You represent and warrant in relation to any material and/or information you provide to the Website, and any items you list on the Website for donation:

(a) you hold an unencumbered title in and are entitled or authorised to donate the item;

(b) the item is of acceptable quality and in good working order;

(c) any description you provide of the item is fair and accurate, given the condition and age of the item; and

(d) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to the Australian Consumer Law and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

5.3. You acknowledge that we reserve the right to refuse that an item be listed for donation on the Website for any reason and that community organisations reserve the right to refuse to take possession of any donated item that is damaged, unsafe, or otherwise unfit for purpose.

Community Organisation’s Obligations

6. Receiving donated items

6.1. In circumstances where you take possession of a donated item, you agree that any such items will be passed onto a disadvantaged individual who has a genuine need for that item.

6.2. You may refuse to take possession of any donated item that is damaged, unsafe, or otherwise unfit for purpose.

6.3. You agree not to:

(a) resell any donated item;

(b)accept any donated items which are on the list below of items we do not accept;

(c) provide the personal details of the donor of a donated item, including the donor's name, address, telephone number and email address, to the disadvantaged individual who is the ultimate recipient of the donated item for any purpose; or

(d) direct the ultimate recipient of the donated item to collect the item from the donor directly.

6.4. You agree to only use the personal details of a donor, and to only contact donors through the Website, for the purpose of facilitating a donation.

Donor's and Community Organisation's Obligations with regard to Electrical Goods

7. Donating or taking possession of electrical goods

7.1. A donor donating any second hand electrical equipment must attach a label to the equipment stating that it is second hand.

7.2. A community organisation passing on any second hand electrical equipment to a disadvantaged individual must attach a label stating that:

(a) the equipment is second-hand and has been inspected and tested, and is compliant with Australian/New Zealand Standard(AS/NZS) 3760; or

(b) If it has not been tested, a clear statement on the label stating the equipment is second-hand, with additional words as follows:

DANGER – DO NOT USE OR CONNECT TO SUPPLY – THIS SECOND-HAND ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZS 3760.

7.3. If you are donating or accepting possession of electrical items, we recommend that you print a copy of the manufacturer’s instructions to accompany the items.

Community Organisation’s obligations with regard to furniture

8. If you are accepting possession of large furniture which may cause injuries if tipped over (such as large entertainment units), we recommend that you advise the ultimate recipient of the donated item to securely attach the item to a wall.

Items we do not accept

9.1 For safety reasons, we are not able to accept or facilitate donations of items listed as not being accepted at https://www.donatedirect.org.au/how-to-donate-items.

9.2 We may update the list of items we do not accept on the Website at any time.

Privacy

Privacy

10. Your use of the Website is governed by our privacy policy available at https://www.donatedirect.org.au/privacy-policy

Intellectual Property

11. If you have registered with DonateDirect as a community organisation we may refer to you as a community organisation who uses our service on our website or in other promotional material and you grant us an irrevocable, non-exclusive, non-transferable, royalty-free, fully-paid-up, perpetual licence to use your organisation’s name and logo for that purpose.

Liability, Jurisdiction and Amendments

12. No advice or warranty

12.1. DonateDirect is making the Website available for others to donate items to disadvantaged individuals or to a community organisation that in turn makes that item available to a disadvantaged individual without assuming a duty of care to users.

12.2. DonateDirect is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

13. Ownership and possession of items

13.1. DonateDirect does not take possession of, or risk, ownership or title in donated items. Donations between individuals and the donor and donations are made absent attribution of value and any consideration passing between, to or through DonateDirect.

13.2. DonateDirect does not receive, take possession or ownership of, or transport donated items.

14. Exclusion of warranties and liability

14.1. The Website, and all content and services provided or made available through the Website, are made available to you on an 'as is' and 'as available' basis.

14.2. To the maximum extent permitted by law, including the Australian Consumer Law, DonateDirect disclaims any and all warranties, express or implied, including warranties regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and

(b) fitness for any particular purpose for any item contained on or referred to on the Website.

14.3. To the maximum extent permitted by law, DonateDirect does not warrant guarantee or make any representation that:

(a) the Website, or the server that makes the site available on the WWW are free of software viruses;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

(c) errors and defects in the Website will be corrected.

14.4. To the maximum extent permitted by law, DonateDirect will not be liable under any circumstances for any injury, loss or damages of any kind recognised by law (even if it has been advised of the possibility of such injury, loss or damages) which arises in connection with your use of the Website or any services made available through the Website, including as a consequence of you:

(a) acting, or failing to act, on any information contained on or referred to on the Website;

(b) donating, receiving, taking possession of, or transporting, any item contained or referred to on the Website; and

(c) using or acquiring, or your inability to use or acquire, any item contained or referred to on the Website.

14.5. Without limiting clause 13.4 and to the maximum extent permitted by law, DonateDirect is not liable to you for:

(a) errors or omissions in the Website, or linked sites on the WWW;

(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(c) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of DonateDirect, its employees or independent contractors, or through any other cause.

15. Third party links

15.1 The Website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person

16. Relevant jurisdiction

16.1. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

16.2. These Terms of Access will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.

16.3. You agree to the non-exclusive jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms of Access.

17. Alteration of Terms of Access

17.1. DonateDirect reserves the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change,

by posting an updated version of these Terms of Access on the Website. If you do not agree to any changes to these Terms of Access, you must not continue to use the Website.