Effective from 2 August 2016
The terms and conditions set out below (these terms) apply between Grant Ready Pty Ltd ACN 117 653 317 and City of Greater Bendigo (we, us or our) and the person or company to whom we have agreed to provide certain services and materials in accordance with these terms (you or your).
These terms govern your use of the online services that we supply to you (the Services) and the information, software, technology, ideas, algorithms, data, databases, documentation, training materials, templates, documents and other content that we make available to you via the Services (the Materials).
By using the Services or Materials (together, Bendigo Funding Finder), you acknowledge that you have read and understood these terms and you agree to be bound by all of them. If you don't agree to these terms, then:
you must not use the Services or Materials; and
if you have already started using the Services or Materials, you must immediately stop using them and must delete all copies of the Materials (in any form, whether printed or electronic) that are within your possession or control.
Subject to strictly complying with these terms, we grant you a non-exclusive, non-transferable, non-sub licensable licence to access and use Bendigo Funding Finder on a subscription basis solely for your own personal or internal business use in identifying, preparing, lodging and managing grant applications for you or your organisation. You are licensed to use Bendigo Funding Finder in Australia only.
3. Independent Advice
The Materials made available to you through Bendigo Funding Finder are guides only and are general in nature. We do not warrant or represent that you will be eligible for (or will receive) any particular grant. You assume all responsibility and risk for the use of Bendigo Funding Finder. You are responsible for making your own assessment of the suitability of particular grants, grant writers, draft grants and other Materials for your purposes. Any decisions that you make based on the Materials are your sole responsibility, and in exchange for using Bendigo Funding Finder you agree to indemnify hold us harmless against any claims for damages arising from such decisions.
We recommend that you obtain independent legal, accounting, taxation and other professional advice in relation to particular grants before applying for them.
We may provide you with contact details for, and referrals to, a number of professional grant writers who you can engage to assist with preparing and submitting grants (GrantWriters). Where you engage a Grant Writer, this is an independent contract between you and the Grant Writer. Bendigo Funding Finder does not endorse or approve any particular Grant Writer, and makes no representations, warranties or guarantees relating to the work product or performance of any Grant Writer.
4. Intellectual Property and Restrictions
All intellectual property rights in Bendigo Funding Finder are and remain our exclusive property (or that of our third party suppliers, as the case may be). You must not access, copy, store or otherwise use Bendigo Funding Finder in any manner or for any purpose not expressly permitted under these terms or with our prior written consent in each instance. When using Bendigo Funding Finder, you must comply with the law including, without limitation, copyright laws. Without limiting the preceding sentences, you must not (and must not allow any other person to):
use or attempt to use Bendigo Funding Finder for any unlawful purpose or in a way that breaches another person's rights, including copyright or other intellectual property rights;
use or attempt to use Bendigo Funding Finder in any way which in our reasonable opinion may damage, interfere or interrupt any part of Bendigo Funding Finder or our networks, data, equipment or facilities;
lease, lend, host or otherwise offer any part of Bendigo Funding Finder for any timesharing, service bureau, application service provider, software as a service or similar purpose;
use any part of Bendigo Funding Finder to or for the benefit of any other person;
sell, rent, lend or otherwise make available any part of Bendigo Funding Finder to any other person, in any form or by any means;
reverse engineer, decompile, disassemble or otherwise attempt to gain unauthorised access to, the source code of any part of Bendigo Funding Finder;
access any part of Bendigo Funding Finder through automated means;
systematically download any Materials, including through the use of website crawling or data mining software;
convert Material into an electronic format other than the one in which it was supplied;
download or store copies of the Materials for use in an archival database or other searchable database;
modify or make any alterations, additions or amendments to the Materials or create derivative works from any part of Bendigo Funding Finder;
combine the whole or any part of the data available on Bendigo Funding Finder with any other software, data, material or service;
disclose, publish, distribute or otherwise make available the Materials or any other part of Bendigo Funding Finder to any other person;
remove, alter, circumvent or tamper with any trade marks, copyright notices, security measures, copyright protection mechanisms, disclaimers or other legal notices that we have applied or imposed in relation to Bendigo Funding Finder; or
otherwise infringe any intellectual property rights subsisting in Bendigo Funding Finder.
You may only access Bendigo Funding Finder using the username and password that we have provided to you (or, if we permit you to modify your username or password, any replacement login details that you have saved for use with Bendigo Funding Finder). You must not share or disclose your username or password to any other person, you must keep your username and password confidential, and you will be responsible for the acts and omissions of any person using your username and password as if they were your acts or omissions.
If you are accessing Bendigo Funding Finder as an employee, contractor or agent of a person who has subscribed to Bendigo Funding Finder, you may only use Bendigo Funding Finder for and on behalf of (and for the sole benefit of) that person. As soon as your employment, contract or agency ends, you must immediately stop using the Services and Materials and must delete all copies of the Materials (in any form, whether printed or electronic) that are within your possession or control.
You must notify us immediately if you suspect that the security of your username or password has been compromised or if you become aware that Bendigo Funding Finder is being used in an unauthorised manner.
6. System Requirements
Bendigo Funding Finder requires an Internet connection and a compatible Internet browser in order to function properly. We may make certain Materials available to you in particular file formats (eg. Adobe PDF, Microsoft Word, Microsoft Excel, Microsoft PowerPoint), and you'll need a compatible file reader to view (and, if applicable, edit) these files. You are responsible for any Internet connection and data usage charges you incur in accessing or using Bendigo Funding Finder.
The performance of Bendigo Funding Finder will depend on a number of factors, including the quality and reliability of your Internet connection and the combination of hardware and software you use to access Bendigo Funding Finder. You must check and confirm that your Internet connection, hardware and software are suitable for use with Bendigo Funding Finder before submitting your Order.
Because Bendigo Funding Finder is made available to you over the Internet, we recommend that you protect your computer system with suitable firewall and antivirus software. We do not guarantee that you will not be exposed to computer viruses and other forms of interference as a result of accessing or using Bendigo Funding Finder.
7. Suspension and Modification
We may suspend, modify or discontinue any or all aspects of Bendigo Funding Finder (including adding and removing Materials and features) for any reason, at any time in our sole discretion and without prior notice to you. We may suspend access to Bendigo Funding Finder, in whole or in part, until further notice, with immediate effect:
to periodically maintain or improve Bendigo Funding Finder and any related systems;
to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
if we believe that Bendigo Funding Finder is being used in such a way as may constitute a breach of any provision of these terms; or
We will try to provide you with reasonable notice of such suspension. Although we will endeavour to minimise disruptions to Bendigo Funding Finder, unscheduled outages may occur from time to time.
This clause 8 is to be read subject to the Statutory Rights referred to in clause 16. You can cancel your Subscription via the Bendigo Funding Finder user interface or by notifying us in writing.
You authorise us, our officers, employees, agents and independent contractors to enter any premises which you occupy at any time and from time to time during any Subscription Period without notice during business hours to verify that your use of Bendigo Funding Finder is consistent with these terms. You agree to co-operate with us in order to facilitate the verification process by affording access to your computer systems for this purpose. You indemnify us from all liability arising out of anything lawfully done by or on behalf of us in pursuance of our rights under this clause 9.
To the maximum extent permitted by law, you indemnify us and our officers, employees, agents, Bendigo Funding Finder Partners, affiliates, resellers, partners and suppliers against all loss, liability, cost claim or demand (including claims by third parties) arising out of or in connection with your use of Bendigo Funding Finder or the Partner Materials, or your breach of these terms. This indemnity includes legal costs on an indemnity basis and any GST payable by us in relation to this indemnity.
Without prejudice to any other right at law, we may terminate your Subscription by giving written notice if you have failed to remedy a material breach of any of these terms within 14 days of being given written notice of the breach. Instead of terminating, we may choose to suspend your Subscription until we are reasonably satisfied that you have remedied the breach.
We can terminate your Subscription for any reason, or no reason at all, by giving you 30 days' prior written notice.
12. Consequences of Suspension, Termination and Expiry
On the suspension, termination or expiry of your Subscription pursuant to these terms:
we will disable your access to Bendigo Funding Finder and any personalised data, lists settings etc. that you have created in Bendigo Funding Finder will no longer be available; and
you must promptly return or destroy (at our direction) any Materials in your possession or control.
13. Injunctive Relief
You acknowledge and agree that there is no adequate remedy at law for a breach of clauses 4 or 5, that such a breach would irreparably harm us. In the case of such breach, you agree that in addition to any other remedies available to us under these terms or at law, we are entitled to obtain temporary or permanent injunctive relief from any court of competent jurisdiction immediately upon request (and without the need to post a bond or security).
14. Your Content
Where Bendigo Funding Finder allows you to upload, store or send any documents, data, content or communications using Bendigo Funding Finder (Your Content), you acknowledge and agree:
that you are solely responsible for Your Content;
that Your Content must be owned or validly licensed by you, or otherwise be in the public domain;
not to upload to, distribute through, or otherwise publish through Bendigo Funding Finder any content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party (including intellectual property rights and rights relating to confidential information), or that would otherwise give rise to liability, or violates any law;
that you must separately back up Your Content independently of Bendigo Funding Finder; and
that we may use Your Content to supply Bendigo Funding Finder to you.
By uploading Your Content to Bendigo Funding Finder, you grant us a perpetual, royalty-free, non-exclusive right and licence to use, reproduce and modify Your Content for the purpose of supplying Bendigo Funding Finder to you.
We will not otherwise monitor, edit, or disclose Your Content unless you have asked us to do so, we are required in the course of normal maintenance of Bendigo Funding Finder and our systems or we are required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us; (b) protect and defend our rights or property; or (c) act in an emergency to protect the personal safety of our users or the public.
If any law or regulation, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of products or services ordered by you which cannot be excluded, restricted or modified (Statutory Rights), we do not exclude any Statutory Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Statutory Rights:
Bendigo Funding Finder is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied;
we do not warrant that Bendigo Funding Finder will be accurate, current, complete, free from all errors or free from computer viruses;
we do not warrant that your access to Bendigo Funding Finder will be uninterrupted, secure, complete or error free;
we do not warrant that information will continue to be available to us to enable us to keep Bendigo Funding Finder up-to-date; and
all representations are expressly excluded and you have not relied on any representations in ordering Bendigo Funding Finder.
Subject to any Statutory Rights and to the maximum extent permitted by law:
we and our Representatives will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Services or Materials, (b) the unavailability or interruption to the supply of Bendigo Funding Finder or any features thereof, (c) your use or misuse of Bendigo Funding Finder (regardless of whether you received any assistance from us or our Representatives in using or misusing Bendigo Funding Finder), (d) your use of any equipment in connection with Bendigo Funding Finder, (e) the content of the Materials, (f) any delay or failure in performance beyond the reasonable control of us or our Representatives, or (g) any negligence of us or our Representatives in connection with the performance of our obligations under these terms (other than liability for death or personal injury).
the aggregate liability of us and our Representatives whether for breach of this agreement or in tort (including negligence) or for any other common law or statutory cause of action shall not exceed the lesser of your actual direct damages or the amount you paid for the relevant Subscription in the Subscription Period immediately preceding the date the claim arose;
we and our Representatives will not be liable for any loss of revenues, profits, opportunities, data or anticipated savings or for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with Bendigo Funding Finder or the failure of us or our Representatives to perform our obligations (regardless of any negligence of us or our Representatives); and
the liability of us and our Representatives for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply of the good or service ordered by you again or paying for their resupply.
In this clause 17, "Representatives" means our officers, directors, employees, contractors, agents, successors and assigns.
19. Force Majeure
We may cancel or suspend delivery of Bendigo Funding Finder in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
If you breach these terms and we incur expenses in enforcing our rights under these terms (eg. expenses incurred by us in recovering any Fees that you owe to us), you must pay to us any reasonable costs on demand (including all legal costs on a full indemnity basis).
21. Changes to Terms
We may amend these terms by posting an updated version online, which will take effect on such posting unless stated otherwise. Your continued use of Bendigo Funding Finder, submission of Orders or payment of Fees after the date on which these terms are updated is deemed acceptance of those changes. If you do not want to accept the changes, you may terminate any current Subscription affected by written notice to us within 30 days after the date on which these terms were last updated.
22. Governing Law
These terms are governed by and construed according to the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the federal courts of the Commonwealth of Australia.
If any provision of these terms is illegal, unenforceable or void in any jurisdiction, then, with respect to that jurisdiction only, that provision shall be read down if possible so that it is no longer illegal, unenforceable or void in that jurisdiction. If it is not possible to read down that provision, it shall be severed from the remaining provisions of these terms, with respect to that jurisdiction only.
These terms embody the entire agreement between you and us regarding Bendigo Funding Finder and supersede any and all prior understandings and agreements, oral or written, relating to it. Your Subscription cannot be resold, assigned, sub-licensed or otherwise transferred by you without our prior written consent, which may be withheld at our discretion. Failure of either party to enforce any of these terms does not constitute a waiver of such term or of the right to enforce such term. The headings contained in these are inserted for convenience only and do not constitute part of these terms. Monetary amounts are expressed in the currency indicated, or, if no currency is indicated, in Australian dollars. You are an independent entity without authority to bind us contractually or otherwise and you are not our partner, agent or employee by virtue of these terms.