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Terms of Use

Effective from 6 December 2021

Application
By accessing this website, you will be using the online services and delivery platform of GrantGuru Pty Ltd Pty Ltd (ACN 117 653 317) (the Services). These terms and conditions (these Terms) govern the terms upon which GrantGuru (we, us or our) grant you access to 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 and/or Materials (together, the Site), 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:

  1. you must not use the Services or Materials; and
  2. if you have already started using the Services or Materials, you must immediately stop using them and must take all reasonable steps to delete all copies of the Materials (in any form, whether printed or electronic) that are within your possession or control.

If your access to the Site was previously suspended or terminated in accordance with clause ‘Termination of Licence’ of these Terms, you must obtain our express written consent before using the Site, Services or Materials.

Licence
Subject to you strictly complying with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable licence to access and use the Site (Licence) solely for your own personal or internal organisational use in identifying, preparing, lodging and managing grant applications for you or your organisation (Permitted Purpose). You are licensed to use the Site, Services and Materials, only for the Permitted Purpose.

You may not publish, reproduce, transmit, sell or otherwise redistribute the Site, the Services or the Materials for any commercial purposes. In your use of the Site, you must not decompile, reverse engineer, reproduce, disassemble, rent, lease, loan, sell or sublicense the Site (and any of its content or constitutive features, such as email notification).

You must not use any robot, spider, scraping, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of the Site, the Materials or the Services without our prior express written permission which may be withheld for any reason whatsoever.

You must not use or attempt to use the Site:

  1. for any unlawful purpose or in a way that breaches another person’s rights, including but not limited to, copyright or other intellectual property rights, which includes our own copyright or other intellectual property rights; or
  2. in any way which, in our reasonable opinion may damage, interfere or interrupt any part of the Site or the network, equipment and facilities.

You must not attempt to gain unauthorised access to any portion or feature of the Site by hacking, password “mining”, providing false or misleading information or any other illegitimate means.

Third party grant writer referral
We may provide you with contact details for, and referrals to, a number of professional grant writers who you may engage to assist with preparing and submitting grants (Grant Writer). Where you engage a Grant Writer, this is an independent contract between you and the Grant Writer. We make no representations, warranties or guarantees relating to the work product or performance of any Grant Writer.

Information as a guide only
The Materials made available to you through the Site are for guiding purposes 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 the Site. 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 Site are your sole and absolute responsibility.

We recommend that you obtain independent legal, accounting, taxation and other professional advice in relation to each particular grant before lodging an application.

Limitation of liability
You acknowledge that the Site is in constant active development. You are hereby informed and you acknowledge that the Site may not be error free and may not always operate as intended.

We will not be liable to you for any loss of data or corruption of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in any way arising from your use of or inability to use the Site.

You are responsible for making your own assessment of the suitability of the Site for your purposes and any information or advice generated from the use of the Site.

We will not be responsible for any loss or damage arising from circumstances outside our reasonable control.

To the extent permitted by law, you agree not to make any claim or commence any proceeding against us regarding the use of the Site, Services or the Materials.

Intellectual property and restrictions
The Site contains our proprietary material and may contain material licensed to us from third parties, all of which is protected by copyright and other laws.

We, alone or, where relevant, together with third parties, own all right, title and interest including intellectual property rights to the Site including software and the Materials included in the Site. Software used on the Site is protected by applicable copyright, patent or other intellectual property rights of us or third parties.

The Site may include links to material on third party websites. Use of such material is governed by terms of use and copyright policies as set out on those sites.

You may not use the Site in any way that infringes the copyright or other proprietary rights in the Site including Materials accessed through the Site. You may not remove or obscure any copyright notice or other notice on the Site or on Materials accessed through the Site.

Except where otherwise specified, the contents of the Site are protected by copyright.

Security
You may only access the Site using the username and password that we permit you to create and or modify from time to time. You must take all reasonable steps not to share or disclose your username or password to any other person and must keep your username and password confidential.

If you are accessing the Site as an employee, contractor or agent of a person or entity who has registered to the Site, you may only use the Site 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 Site 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 the Site is being used in an unauthorised manner.

Variations of terms
Changes to these Terms may be made from time to time. At any time and from time to time, we may (without giving any reason or justification) in our sole and exclusive discretion:

  1. change, limit, suspend, or discontinue any aspect of the Materials and the Services, including the availability of any feature, database or content; or
  2. change these Terms.

If you have given us a valid email address, and if sufficient time permits, we may notify you of these changes before amending or varying these Terms. We may also announce changes on the Site. If we do change the Terms, you are free to decide to stop using the Site. Your continued use of the Site after changes to the Terms take effect will constitute your agreement to the revised Terms.

Suspension and modification of the Site
We may suspend, modify or discontinue any or all aspects of the Site (including adding and removing Materials and features) for any reason, at any time in our sole and exclusive discretion and without prior notice to you. We may suspend access to the Site, in whole or in part, until further notice, with immediate effect:

  1. to periodically maintain or improve the Site and any related systems;
  2. to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority; or
  3. if we believe that the Site is being used in such a way as may constitute a breach of any provision of these Terms.

We may try to provide you with reasonable notice of such suspension. Although we will endeavour to minimise disruptions to the Site, unscheduled outages may occur from time to time.

Termination of Licence
Without prejudice to any other right at law, we may terminate your Licence 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 Licence until we are reasonably satisfied that you have remedied the breach.

We can terminate your Licence for any reason, or no reason at all, by giving you 14 days’ prior written notice.

If we are of the genuine and reasonable belief that you have or will breach clause ‘Intellectual property and restrictions’ or clause ‘Security’ or the Permitted Purpose of the Licence, we may terminate your Licence without any notice whatsoever.

On the suspension, termination or expiry of your Licence pursuant to these Terms:

  1. we will disable your access to the Site and any personalised data, lists settings etc. that you have created in the Site will no longer be available; and
  2. you must take all reasonable steps to promptly return or destroy (at our direction) any Materials in your possession or control.

Injunctive relief
You acknowledge and agree that there is no adequate remedy at law for a breach of clause ‘Intellectual property and restrictions’ or clause ‘Security’ of these Terms, that such a breach would cause irreparable harm to us and third parties. 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) and you will not object to us doing so.

Indemnity
You agree to indemnify us against all costs, expenses, loss or liability that we may suffer resulting from your breach of these Terms or your misuse of the Site, the Services or the Materials.

Our content
Where the Site allows you to upload, store or send any documents, data, content or communications using the Site (Your Content), you acknowledge and agree:

  1. that you are solely responsible for Your Content;
  2. that Your Content must be owned or validly licensed by you, or otherwise be in the public domain;
  3. not to upload to, distribute through, or otherwise publish through the Site 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;
  4. that you must separately back up Your Content independently of the Site; and
  5. that we may use Your Content to supply the Site to you.

By uploading Your Content to the Site, you grant us a perpetual, royalty-free, non-exclusive right and licence to use, reproduce and modify Your Content for the purpose of supplying the Site to you and at all times, in accordance with our Privacy Policy.

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 the Site and our systems or we are required to do so by law or in the good-faith belief that such action is necessary to:

  1. comply with the law or comply with legal process served on us;
  2. protect and defend our rights or property; or
  3. act in an emergency to protect the personal safety of our users or the public.

Hyperlinks
The Site may include links to third party sites and material. We do not control those sites and as such, are not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of the Site.

Warranties
These Terms do not exclude or limit any guarantee, condition, warranty, right or liability implied into it by law, the exclusion of which would contravene the law or cause these Terms to be void (Consumer Laws). These Terms are to be read subject to such Consumer Laws if and when applicable.

We do not give any guarantee, undertaking or warranty that the Site, the Services and the Materials will be continuously available, uninterrupted or error-free and make no warranties other than those set out in these Terms.

Privacy
Our Privacy Policy tells you more about how we collect, use and handle personal information you provide to us. By using the Site or otherwise providing personal information to us, you agree to be bound by the terms of our Privacy Policy.

Governing law and jurisdiction
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.

Severability
If any provision of these Terms is illegal, unenforceable or void in any jurisdiction to which they are applied, 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.

General
These Terms embody the entire agreement between you and us regarding the Site and supersede any and all prior understandings and agreements, oral or written, relating to it. The headings contained in these are inserted for convenience only and do not constitute part of these Terms.