Conditions of Participation
1 The Project
(a) The Project has been developed and is facilitated by corporate2community (C2C). C2C will manage the Project.
(b) The Project is provided by C2C on a not-for-profit, pro-bono basis.
(c) C2C will use reasonable endeavours to assist in ensuring the Project is facilitated in a timely and professional manner, however the manner of your involvement in or engagement with C2C and participants of the Project is your sole responsibility.
(d) You agree that your participation in the Project may be advertised on social media platforms or in other promotional materials (both offline and online).
(e) It is your sole responsibility to enquire into, obtain and/or pay all fees and costs associated with any approvals, permits or any other documentation required by any act, ordinance, rule, regulation, delegated legislation, codes or requirements of any Commonwealth, State and Local Government departments, bodies, and public authorities relating to your involvement with the Project or your involvement with any participant of the Project.
2 Documents and Information
You must cooperate with, and provide information and documents to, C2C and other participants of the Project as reasonably required. Any loss resulting from your failure to provide information and documents, or otherwise engage in the Project in the required manner, is your responsibility. You agree that C2C has no liability for any such loss occasioned.
3 Warranties, Liability and Indemnities
(a) C2C makes no warranty or representation regarding the suitability or adequacy of the Project and you agree to become involved in, engage with or otherwise use the Project at your sole risk and discretion. Any conditions, warranties or other terms implied by statute or common law are excluded from these T&C’s to the fullest extent permitted by law.
(b) C2C does not guarantee that any result, effect, objective or outcome can or will be achieved.
(c) All information provided to you, by C2C or any other participant of the Project, is to be used or relied upon by you at your sole discretion.
3.2 Compliance with all laws
Throughout the Project, you, and the community or organisation you are acting on behalf of, must comply at your own cost and expense with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, State and Local Government departments, bodies, and public authorities or other authority.
You, or if you are acting on behalf of an organisation or community that organisation and community, indemnifies C2C from and against all actions, costs, charges, claims and demands in relation to compliance with this clause 3.2.
3.3 Limitation on liability
C2C has no liability to you, to the maximum extent permitted by law, whether arising in contract, tort, negligence, breach of statutory duty or otherwise in relation to the Project or any goods or services donated by or provided between participants of the Project (or the risk, upkeep, transportation, maintenance, costs or insurance of any such goods or services).
You, or if you are acting on behalf of an organisation or community that organisation and community, indemnify and hold C2C harmless from and against all claims and losses arising from loss, damage, liability or injury to C2C, its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to C2C in connection with the Project.
3.5 Limitation of C2C’s power
C2C does not incur any liability on behalf of any participant of the Project.
4 Intellectual Property and Confidential Information
If C2C provides a participant of the Project with any confidential information relating to C2C or any other participant of the Project, the participant will keep this information confidential and will not disclose it to any third party, subject to clause 4.3.
C2C will keep all information received from participants of the Project confidential in accordance with the Australian Privacy Principles and the Privacy Act 1988, subject to clause 4.3.
Notwithstanding clauses 4.1 and 4.2, C2C or a participant of the Project may disclosure confidential information:
(a) as required by law;
(b) to legal advisors, accountants, auditors, financial advisers or other advisers who are under a duty of confidentiality; or
(c) with the express consent of the party who originally disclosed and/or owns the confidential information.
C2C reserves the right to amend these T&C’s from time to time without notice.
No failure or delay by C2C in exercising any right, power or privilege under these T&C’s will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
If any provision of these T&C’s is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these T&C’s and rendered ineffective as far as possible without modifying the remaining provisions of these T&C’s, and will not in any way affect any other circumstances of or the validity or enforcement of these T&C’s.
5.4 Law and jurisdiction
These T&C’s take effect, are governed by, and will be construed in accordance with the laws from time to time in force in Victoria, Australia.