Connecting Up Inc, SAcommunity & TechSoup New Zealand
Website Terms and Conditions

Definitions

“directory” means any directory accessed through the site containing information about non-profit organisations.

“site” means any part of this web site and any other web site operated by or on behalf of us including the SAcommunity web site;

“supplies” means any donated, discounted or other products, software, licences and services and any validation tokens (or similar recognition of NFP status) which are promoted, offered, sold or otherwise made available from this site;

“suppliers” means the suppliers who have agreed to offer donated, discounted or other supplies through the site;

“use” includes access or use or attempted access or use of any part of the site and includes (without limitation) access to and use of site content, download of any content from the site, completion and submission of any online form available at or through the site, submission of any email to an email address identified at or through the site, participation in any online forum or similar facility available at or through the site and purchasing or ordering any supplies made available through the site;

“we”, “us” and “our”  means Connecting Up Australia Inc (ABN 13 903 061 955) of Level 8, 108 King William Street Adelaide South Australia, SAcommunity and any related entities and their respective officers, employees, agents and contractors including (without limitation) site hosts, operators and developers, contributors of site content and suppliers; and

“you” and “your” means any person or other entity who or which seeks to access and use the site.

Scope of these conditions

You must read and agree to these terms and conditions before making any other use of the site.  If you do not agree to these terms and conditions, you must not use the site.  By making any use of the site, you thereby accept and agree to be bound by these terms and conditions. 

These terms and conditions apply to all use of the site including your use of sections of the site which are subject to additional specific conditions.  Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific conditions and you agree to be bound by those specific conditions with respect to your use of the relevant section(s) of the site even if you fail to review the specific conditions.   Without limitation, if you use this site to purchase or obtain supplies, you thereby also agree to all specific conditions governing that purchase or acquisition.

Acquisition of supplies generally

Unless otherwise stipulated by us, any registration or proposed registration through the site and any acquisition or proposed acquisition of supplies listed on or made available through the site is subject to the following conditions:

• Restriction to approved NFP’s – You may not seek the supply of any donated or discounted supplies or any validation token from this site unless you do so in your capacity as an officer or employee of an approved not for profit organisation (“NFP”).  It is not permissible for contractors or agents of an NFP to seek approval or represent an NFP with respect to any interactions with us.  The contact details submitted in relation to any communication with us must be the contact details of an authorised officer or employee of the NFP.   In order to become an approved NFP, you must provide information in accordance with our requirements.  You warrant that all information submitted by you in connection with our NFP approval process is complete and accurate.
• Restriction to Aust and NZ – Unless otherwise specified on the site, supplies may only be acquired by NFP’s located in Australia or New Zealand for use in those regions.
• Administration fees – As part of your acquisition of any supplies, you must pay the applicable administration fee to us.
• Payment processing and credit card fees – We may add any third party payment processing or credit card processing fees to the amount payable by you for any supplies.
• Shipping costs – You will be responsible to meet all costs of shipping supplies to you.
• Fulfillment – Supplies will be shipped directly to you by the relevant supplier.  We will endeavor to communicate orders placed using the site to suppliers without delay.   However, we will not be liable for any non-delivery or delay in delivery caused by suppliers, postal and courier companies or any other circumstances.  If a supplier is no longer able to provide supplies you have ordered, we will offer you the option of acquiring alternative supplies or providing you with a refund.
• Returns – We do not accept return of supplies.  Your rights with respect to defective supplies will depend on the policies of the relevant supplier.
• Warranty issues – Any warranty issues will depend on the warranties offered by the supplier.  Subject to supplier’s warranties and any non-excludable rights, all warranties relating to supplies are hereby excluded and the provisions of the clause below (Liability arising from use of the site) apply.
• Currency - All transactions are in Australian Dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of a transaction.
• We may utilise the services of third parties with respect to the processing of payments.  Where applicable, you must comply with all relevant requirements of these third parties.  We will not be responsible for any delays or deficiencies in the performance of such third parties.
• Credit Card Use – If credit card payment is facilitated by the site, we undertake to use credit card details only as specified by you in relation to purchases made on the site.  Illegal use of credit cards is a serious crime.  We will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
• Errors in description or pricing – Errors may occur in the description or pricing of supplies.  We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.

Use of supplies

Without limiting any other limitations and restrictions, you must only use supplies in accordance with any instructions provided with those supplies.  You should not use any supplies if you have any concerns regarding the instructions.  Your evaluation of the suitability of supplies for use and your decision to use supplies or to make supplies available to others for their use is entirely your responsibility.

Directory services

You warrant that any information you submit for inclusion in the directory is complete and accurate and that you have obtained all necessary consents and approvals from any individual in relation to whom personal information is submitted.

You acknowledge that the directory may include some personal information including names of officers and associated contact details which we will store and make available for public access and viewing.  Our retention and use of personal information is subject to our privacy policy.

Warranties

The site contains information, advice, text and other materials that are provided for your convenience and enjoyment. Information may contain errors, omissions, inaccuracies or outdated information.  We make no representation or warranties as to the completeness, accuracy, adequacy, currency or reliability of any information and shall not be liable for any lack of the foregoing.  Descriptions of, or references to, products or publications within the site do not imply endorsement of that product or publication.

We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those rights and remedies can not be excluded by agreement (“non-excludable rights”).

Subject to any non-excludable rights: (a) the site and its contents are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the site) are excluded.

If you find any errors or omissions, please report them to us.

Liability arising from use of the site and supplies

Subject to any non-excludable rights: (a) your use of the site and supplies is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the site or your use of the site and supplies; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any supplies, or arising from your inability to participate in any promotion offered on the site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in site performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the site or your attempted use of the site.

If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information or supplies again or payment of the cost of providing the information or supplies again (at our election).

Indemnity

You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site and supplies.

Inappropriate use and content

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.  You must not attempt to modify or damage the site and must not use the site in connection with any mass distribution of email (spam) or denial of service attack.  You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.  You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).

We are not liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and the risk of injury from such content rests entirely with you.

Third party material

The site may include content or references supplied by users or other third parties (“third party material”).  We do not monitor and accept no liability for third party material.  Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material.  We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material.  Your access to and reliance on third party material is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trade mark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.

Links to third party web sites

Any links to third party web sites from the site are provided solely as a convenience to you.  We make no representation as to the intellectual property rights of any material available on the linked third party web sites. We do not review and monitor any linked third party web sites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site and accept no responsibility for any broken or redirected links.  The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.  It is your responsibility to evaluate the content and usefulness of information obtained from other sites.  Your access to and reliance on any third party web site is entirely at your own risk.

You acknowledge and agree that we may receive payments or other benefits in connection with links to third party sites or the inclusion of third party material in the site.

Links from other sites to the site

Other sites may only link to the site with our prior written permission.  Any site that links to the site must link to the relevant home page.  We may revoke or withdraw our consent to a link at any time in which case the link must be promptly removed. Any site that links to the site must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about supplies; (f) use our name or logos without our prior written permission; or (g) contain content that could be construed as obscene, libelious, defamatory, pornographic or inappropriate for all ages; or (h) contain material that would violate any laws.

Viruses

We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Copyright, trade marks & limited right to use materials

We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.  Unless otherwise expressly stipulated by us, you may only use material available on the site for your personal use and may only print or make an electronic copy of the material for this purpose.  You must not sell or otherwise commercially exploit any material or information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.  Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission.  If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.

Privacy

Privacy of your information is subject to our Privacy Policy. 

We may require certain personal information from you in order for you to access and use our services.  If you do not provide the information we require, we will not be able to provide access to and use of those services. 

You authorise and consent to our collection, retention, use and disclosure of your submitted information   in accordance with these provisions and the provisions of our Privacy Policy.  To the extent that you submit personal information about anyone else to us, you warrant that you have obtained all necessary consents and approvals for (a) the disclosure of that personal information to us; and (b) the collection, retention, use and disclosure of that information by us in accordance with our Privacy Policy.  

By submitting any information to us, you consent to (a) our sending of commercial electronic messages (including emails and SMS messages) and communicating with you by other available means regarding our and third parties’ products and services using the email address(es), phone numbers and other contact details you disclose to us; and (b) our use of any submitted information to tailor our messages to suit your particular circumstances; and (c) third parties sending electronic messages (including emails and SMS messages) and communicating with you by other available means regarding third parties’ products and services using the email address(es), phone numbers and other contact details you disclose to us.  You warrant that this consent is given with respect to any email address, mobile phone number or other contact details you disclose to us (including by simply sending us an email).  You and any other disclosed addressee may “opt-out” of the receipt of these kinds of messages at any time by notifying us that your consent is withdrawn.  The withdrawal of consent will take effect five business days after we receive your notification. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to these terms and conditions or our Privacy Policy. You may not opt out from these announcements, which are not promotional in nature, as they contain important information about changes to our services. However, if you do not wish to receive these announcements, you have the option to cancel your registration.

Governing law

The site is administered by us from offices in South Australia.  These conditions and your use of the site and any disputes between you and us shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law.  Any legal proceedings arising out of or in connection with the use of the site or supplies must be commenced in the appropriate court in the State of South Australia.  You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.

Severance

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes to site content and access rights

We may modify the content, nature or accessibility of the site or any parts of the site as and when we see fit.  These conditions will continue to apply even if you cease to be permitted or able to use all or any parts of the site.

Revision of these conditions

We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound.  Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.