1.1. SmartyGrants is Australia’s most widely used online grants management system currently accessible on the Internet domain smartygrants.com.au (“SmartyGrants”).
1.2. SmartyGrants is used by many different grantmaking organisations (the “Grantmakers”) that are each given their own SmartyGrants subdomain to receive and manage grant submissions.
2. Your agreement with us
2.2. A reference to “you” or “your” in these Terms is a reference to any person, accessing or using SmartyGrants.
2.4. Except to the extent that these Terms apply or as required by law, your use of SmartyGrants and receipt of any information from us does not create any legal relationship between you and us.
2.5. Our Community reserves the right to modify these terms without notice.
3. Your Obligations
3.1. By accessing and using SmartyGrants you warrant and agree that you:
a) have the power to form a binding agreement with Our Community, either in your individual capacity or as an authorised representative of your organisation.
b) are 18 years or over or you otherwise have the consent of your parents or guardian to use SmartyGrants.
c) are solely responsible for all your activities that occur on SmartyGrants;
d) will only use it in a private and secure manner.
e) only use it to view, cache, browse, display, interact with, edit, print or download a copy of any content featured on SmartyGrants to your computer;
f) will not use it for any purposes that are unlawful or may prejudice our reputation or interests of; and
g) keep all passwords, account names, tokens or log in identifications required to access SmartyGrants secure and confidential;
h) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
i) not hack into, change or otherwise knowingly transmit a virus or otherwise damage SmartyGrants or any information contained within it.
j) not use SmartyGrants for any activity which is obscene, indecent, offensive or defamatory;
k) refrain from tampering with, hindering the operation of or making unauthorised modifications to SmartyGrants;
l) refrain from using any part of SmartyGrants to send commercial electronic messages in contradiction of the Spam Act 2003 (Cth);
m) refrain from uploading onto SmartyGrants any material, or use SmartyGrants in any way:
i. which infringes the Intellectual Property Rights of any person; or
ii. which is unlawful or violates any law.
n) will not use SmartyGrants for any illegal activity or to violate laws in your jurisdiction.
o) will not exploit SmartyGrants to access unauthorised information.
3.2. By accessing and using SmartyGrants you acknowledge and agree that:
a) Our Community may prohibit any user from using SmartyGrants in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
b) You understand that Our Community uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run SmartyGrants.
4. Modification to SmartyGrants
4.1. Our Community reserves the right to modify, or suspend SmartyGrants for any reason, with or without notice to you.
5. User Content
5.1. Subject to the licences granted below, you own any remarks, ideas, graphics, photographs, or other information (collectively, “User Content”) you upload to SmartyGrants or communicate to the Grantmaker.
5.2. For the avoidance of doubt, these Terms do not prevent you from using any User Content posted by you in any other way.
5.3. You acknowledge and agree that your submitting of User Content to SmartyGrants is entirely voluntary, non-confidential, gratuitous, and non-committal.
5.4. You warrant that the User Content represents your own original work and/or you have all necessary rights to disclose the User Content to Our Community or the Grantmaker. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by the Grantmaker’s or Our Community’s viewing and/or use of the User Content.
User Content licence to Our Community
5.5. When you upload User Content to SmartyGrants, you grant Our Community an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license (with the right to sub-licence) to copy, distribute, publicly display, publicly perform and make derivative works of your User Content, solely to the extent necessary and for the express purpose of the provision and use of SmartyGrants.
What GrantMakers can do with your submission
5.6. You acknowledge that:
a) any User Content that you submit to a Grantmaker is subject to any terms or conditions contained in the form through which you submit information to the Grantmaker and in those circumstances – the Grantmaker’s terms will prevail over this agreement;
b) once you have successfully submitted any User Content to a Grantmaker, you give the Grantmaker an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license (with the right to sub-licence) to copy, distribute, publicly display, publicly perform and make derivative works of your User Content, solely to the extent necessary and for the express purposes of assessment, review and the effective management of grants.
5.7. If your User Content is the subject of a pending or issued patent, you undertake to disclose that fact to the Grantmaker.
6. Technical information and Security
6.1. The transmission of data over the internet is not always secure. Although we endeavour to secure SmartyGrants, we are not liable for any breaches of security and you use SmartyGrants entirely at your own risk.
6.2. We do not warrant that functions available on SmartyGrants will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.
6.3. Your ability to access SmartyGrants will depend on factors out of our control and we do not take any responsibility or provide any warranties that SmartyGrants will be accessible at all times.
6.4. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
7. Third Party Websites and Third Party Content
7.1. SmartyGrants contains links to third party websites. We are not responsible for the operation, security levels, content, or any other aspect of any third party websites.
7.2. Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of their services. We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked third party websites.
7.3. You must make your own enquires as to the suitability of the content of third party websites and any goods and services available for sale on them.
8. Disclaimers and releases
8.1. We only provide Grantmakers with the ability to construct forms using SmartyGrants. While we endeavour to ensure the accuracy and completeness of SmartyGrants’ forms, they may contain errors and omissions and are liable to change. You are responsible for the uploading and entering of all data onto SmartyGrants (including addresses, contact numbers and company details).
8.2. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on:
a) data loaded onto SmartyGrants (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material); or
b) SmartyGrants’ forms; or
c) any material of a third party website.
8.3. Our Community does not warrant that SmartyGrants will meet your requirements or that it will be suitable for your purposes. You agree that SmartyGrants is provided on an ‘as is’ basis and, to the full extent permitted by law, Our Community disclaims and excludes all representations, warranties and conditions, whether express, implied or statutory in relation to its operation;
8.4. Except to the extent required by law, the contents of SmartyGrants are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of SmartyGrants to the extent permitted by law. Where liability cannot be excluded, any liability incurred by us in relation to the use of SmartyGrants or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Laws.
8.5. You agree that SmartyGrants and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of SmartyGrants or any other third party linked website.
8.6. Under no circumstances will we be liable for any incidental, direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of SmartyGrants.
8.7. We are not responsible to you or anyone else for any loss suffered in connection with the use of SmartyGrants, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.
8.8. You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of or conduct on SmartyGrants.
9. User Conduct
9.1. Our Community has the right, but not the obligation, to remove User Content that has not been submitted to a Grantmaker, that Our Community determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene, unacceptable or otherwise objectionable, or that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of SmartyGrants. Our Community also has the right, but not the obligation, to limit or revoke the use privileges of anyone’s account that posts such User Content.
9.2. Examples of unacceptable User Content or behaviour on SmartyGrants include:
a) abuse, harassment, threats, flaming or intimidation of any person or organisation;
b) engaging in or contributing to any illegal activity or activity that violates others’ rights;
c) use of derogatory, discriminatory or excessively graphic language;
d) providing information that is false, misleading or inaccurate;
e) hacking or modifying SmartyGrants or another web site to falsely imply an association with Our Community;
f) implying or pretending to be affiliated with a company or organisation with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organisation
g) transmitting worms, viruses or harmful software;
h) sending spam; and
i) disclosing personal or proprietary information of another user, person or organisation.
10. Intellectual Property
10.1. SmartyGrants contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
10.2. You should assume that all intellectual property on SmartyGrants is owned by Our Community or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.
10.3. For the avoidance of doubt, Our Community claims no intellectual property rights over your User Content.
11. Suspension or Termination of Access
11.1. We reserve the right to suspend or terminate your account or access to SmartyGrants at our sole discretion if we believe that you have breached these Terms.
11.2. When that happens, we will endeavour to notify you of the breach and ways in which you can remedy them.
12. No Circumvention
12.1. Where we have suspended or terminated your account or access to SmartyGrants, you must not attempt to circumvent this action by registering or attempting to register on SmartyGrants under alternative username(s).
14. Other Terms
14.1. Any failure by Our Community to enforce or exercise a right provided in these terms is not a waiver of that right.
14.2. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
14.4. Governing Jurisdiction: This Agreement is governed by the law of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of its courts and will not object to the exercise of jurisdiction by those courts.