Terms and Conditions

 

 

A. Terms of Access to the Website

    Generally
  1. This website (the Website) is owned and operated by DonateDirect Ltd ABN: 246 089 672 64 (DonateDirect) on the World Wide Web (WWW).
  2. The material on the Website is copyright © 2019 DonateDirect and/or other copyright owners.
  3. The Website is available for you to:
    1. access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page; and
    2. donate items to disadvantaged individuals or to a charity that in turn makes that item available to a disadvantaged individual conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page.
  4. By continuing to access the Website you are agreeing to the terms and conditions set out below.
  5.  

    Use of the Website
  6. 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:
    1. the reproduction of the material in any material form;
    2. the distribution of the material in any material form;
    3. re-transmission of the material by any medium of communication;
    4. uploading and/or reposting the material to any other site on the WWW;
    5. “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.

  7. 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.
  8. You may not modify or copy:
    1. the layout of the Website; or
    2. any computer software and code contained in the Website.
  9. 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:
    1. re-sold and/or re-distributed in any material form;
    2. stored in any storage media; and/or
    3. re-transmitted in any media,

    without the prior written consent of DonateDirect.

    Alteration of Terms of Access
  10. DonateDirect reserves the right to change these Terms of Access:
    1. with or without further notice to you; and
    2. without giving you any explanation or justification for such change.

    Termination of access
  11. DonateDirect may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and DonateDirect has no liability for any injury, loss, or damages of any kind arising as a consequence of terminating access to the Website.
  12.  

    Donor's Obligations

    Uploading information and donating items
  13. You represent and warrant in relation to any material and/or information you provide to the Website, and any items you to donate to a disadvantaged individual or to a charity that in turn makes that item available to a disadvantaged individual, that:
    1. you hold an unencumbered title in and are entitled or authorised to donate the item;
    2. subject to clause 11, the item is of acceptable quality and in good working order;
    3. any description you provide of the item is fair and accurate, given the condition and age of the item; and
    4. 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.
  14. You acknowledge that charities reserve the right to refuse to take possession of any donated item that is damaged, unsafe, or otherwise unfit for purpose.
  15.  

    Charity's Obligations

    Receiving donated items
  16. In circumstances where a charity takes 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.
  17. You reserve the right to refuse to take possession of any donated item that is damaged, unsafe, or otherwise unfit for purpose.
  18. You agree to not 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, including to arrange collection of the item.

 

    Donor's and Charity's Obligations with regard to Electrical Goods

    Donating or taking possession of electrical goods
  1. A donor donating any second hand electrical equipment must attach a label to the equipment stating that it is second hand.
  2. A charity passing on any second hand electrical equipment to a disadvantaged individual must attach a label stating that:
    1. the equipment is second-hand and has been inspected and tested, and is compliant with Australian/New Zealand Standard(AS/NZS) 3760; or
    2. 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.

     

    Disclaimers and Relevant Jurisdiction

    Disclaimer 1
  3. DonateDirect is making the Website available for others to donate items to disadvantaged individuals or to a charity that in turn makes that item available to a disadvantaged individual without assuming a duty of care to users.
  4. 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.
  5. 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.
  6. DonateDirect does not receive, take possession or ownership of, or transport donated items.
  7. To the full extent permitted by law, including the Australian Consumer Law, DonateDirect disclaims any and all warranties, express or implied, regarding:
    1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
    2. fitness for any particular purpose for any item contained on or referred to on the Website.
  8. 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 are the consequence of you:
    1. acting, or failing to act, on any information contained on or referred to on the Website;
    2. donating, receiving, taking possession of, or transporting, any item contained or referred to on the Website; and
    3. using or acquiring, or your inability to use or acquire, any item contained or referred to on the Website.

    Disclaimer 2
  9. DonateDirect does not warrant guarantee or make any representation that:
    1. the Website, or the server that makes the site available on the WWW are free of software viruses;
    2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
    3. errors and defects in the Website will be corrected.
  10. To full extent permitted by law DonateDirect is not liable to you for:
    1. errors or omissions in the Website, or linked sites on the WWW;
    2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
    3. defamatory, offensive or illegal conduct of any user of the Website,
    4. whether caused through negligence of DonateDirect, its employees or independent contractors, or through any other cause.
  11. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
  12. Relevant jurisdiction
  13. 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.
  14. 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.
  15. You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms of Access.