Terms & Conditions of Participation

1. Participation Policy

2. Terms & Conditions

3. The Prohibited List

4. Privacy Statement


Participation Policy

Participants in the GIVIT Programme are required to comply with this policy.

1. Terminology

Expressions defined in the Terms & Conditions below have the same meaning in this policy.

2. Participants’ Obligations

2.1 Participants are reminded that each Participant is participating in the GIVIT Programme on a charitable basis. Accordingly, when participating in the GIVIT Programme, Participants must be courteous and polite in their dealings with one another. This includes being courteous and polite in all communication as well as being punctual when collecting or delivering Items.

2.2 It is Participants' responsibility to ensure that the collection or delivery of Items is carried out legally and safely.

2.3 Participants acknowledge and consent to their personal information being used, disclosed and otherwise handled in accordance with GIVIT's Privacy Policy.

3. Specific obligations for GIVIT Charities

3.1 When requesting that an Item be listed on the GIVIT List, GIVIT Charities must ensure that:

3.2 GIVIT Charities who request an Item on behalf of a client must:

3.3 GIVIT Charities who request an Item on behalf of a client, where the Item is a service, must:

3.4 GIVIT Charities must not select an Item from the GIVIT Warehouse unless they can meet the collection, delivery and/or storage requirements, if any, that are stipulated or that are a direct consequence of selecting that Item.

3.5 If a GIVIT Charity receives an Item through the GIVIT Portal which is a gift card or voucher that can be exchanged solely for one or more items on the Prohibited List (such as alcohol or cigarettes), the GIVIT Charity must take reasonable steps to ensure the gift card or voucher is not exchanged for an item on the Prohibited List.

3.6 GIVIT Charities authorise GIVIT to use their name and brands for the purpose of operating and promoting GIVIT and the GIVIT Programme, except those Charities that do not wish for their details to be disclosed.

3.7 GIVIT Charities must comply with the GIVIT Privacy Policy when being the recipient of and using personal information provided to them by GIVIT under a GIVIT Programme.


Terms & Conditions

GIVIT Listed Ltd ABN 21 137 408 201 (GIVIT, us or we) is the founder and administrator of the GIVIT Programme. These terms and conditions apply if you wish to participate in the GIVIT Programme. If you do not accept these terms and conditions, then we ask you to refrain from participating in the GIVIT Programme.

1. Definitions

A few definitions:

a. Donor means any person or a body corporate willing to donate an Item;

b. Child or children means a person or persons who are under the age of 18;

c. GIVIT Charities means charities, foundations and non-government and government organisations such as schools, housing providers, crisis accommodation facilities and emergency relief centres, community mental health agencies, education providers and groups that provide services to underprivileged or people in need;

d. GIVIT List means the list of Items requested by GIVIT Charities;

e. GIVIT Portal means the GIVIT List and the Virtual Warehouse or any other donation platform or services provided on our web sites - www.givit.org.au and www.givitkids.org.au or by any other means including mobile device application;

f. GIVIT Programme means the programme whereby Donors donate Items to GIVIT Charities using the GIVIT Portal. The GIVIT Programme includes the regular GIVIT Programme and the GIVIT Kids Program;

g. Items mean the goods and services on the GIVIT List and in the Virtual Warehouse;

h. Participant means Donors and GIVIT Charities; and

i. Virtual Warehouse means the list of Items that GIVIT Donors have pledged for donation.

2. Amendments to terms and conditions

GIVIT reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on its website. Your continued participation in the GIVIT Programme following such notification will represent acknowledgment by you to comply by these terms and conditions as amended.

3. How the GIVIT Programme works

The GIVIT Programme is designed to connect Donors and GIVIT Charities. There is no agency, partnership, joint venture or employment relationship intended or created by or arising out of the GIVIT Programme. We do not represent or act for either Donors or GIVIT Charities nor do we endorse any Donor or GIVIT Charity. We merely act as a passive conduit for the publication of information about goods and services put up for or requested for donation. We do not assist with the collection or delivery of Items nor do we provide storage facilities for any Item. As a result, the collection or delivery of Items is the responsibility of Participants. It is the responsibility of Participants to exercise caution and practice safe behaviour when participating in the GIVIT Programme.

4. Must be registered

To participate in the GIVIT Programme, GIVIT Charities must be registered with GIVIT. GIVIT reserves the right to refuse, suspend or end your registration at its sole discretion. While registration is free, it is non-transferrable. We ask that you keep your registration details up to date and that you do not share your registration particulars with any other person (i.e. your log-in details including your password). We may notify other Participants that your registration has been refused, suspended or ended.

5. Participation

As a Participant in the GIVIT Programme, you agree to comply with the following:

a. our Participation Policy. Click here to read;

b. our Privacy Policy. Click here to read;

c. our Code of Conduct contained in the Child and Youth Risk Management Strategy that applies to you (i.e. code of conduct for children, code of conduct for parents, or code of conduct for charities); Click here to read;

d. any applicable regulations and laws relevant to your participation including food standards, workplace health and safety, child safety and protection, environmental and any approvals or permissions as required;

e. if you are a Donor, you must only donate Items that you own;

f. if you are a Donor and you are donating an Item that is a service you must ensure you or those persons carrying out the service are adequately qualified to do so;

g. if you are a Donor, you will commit to holding any Item you have pledged via the GIVIT Portal for a minimum of 3 weeks;

h. you agree not to impersonate any other person while participating in the GIVIT Programme;

i. you will not engage in any unsolicited advertising or provide promotional materials in the course of participating in the GIVIT Programme;

j. you will only use the GIVIT Portal for charitable purposes;

k. you will report any inappropriate behaviour by other Participants to us, including offensive, inconsiderate, intimidating or aggressive behaviour or donated items which have been misrepresented or are intentionally misleading;

l. if you are a GIVIT Charity you will respond to any Donor or GIVIT communication within a reasonable time. GIVIT Charities acknowledge that if a Donor has a bad experience while participating in the GIVIT Programme that this may deter them from any future participation in the GIVIT Programme;

m. if you are a GIVIT Charity, unless the Donor has otherwise given their express written consent, you will not use any of the personal information of a Donor obtained while participating in the GIVIT Programme for any other purpose other than to arrange for the collection or delivery of an Item. For the avoidance of doubt, this includes storing a Donor's personal information in a database for the purposes of using it to solicit further support or donations from the Donor;

n. for Items donated via the GIVIT Kids Programme, no personal information of a Donor will be provided to a GIVIT Charity. If you are GIVIT Charity and you receive personal information from a Donor in the GIVIT Kids Programme, such as their return mailing address, you must immediately destroy this information. Any donated Items that need to be returned must be returned to GIVIT's address, not the Donor;

o. you must not, at any time, hold yourself or organisation out as being an agent, a representative or an affiliate of GIVIT;

p. if you are a GIVIT Charity you will inform GIVIT immediately if there is any change to your working arrangements or contact information, or if you cease to represent or be employed by the charity, foundation or non-government organisation you acted for while participating in the GIVIT Programme;

q. if you are a GIVIT Charity you will not request Items which are on the Prohibited List (See Below);

r. if you are a Donor, you will not donate Items that:

- are not fit for the purpose that they are intended to be used; or

s. Donors will not include or add any other Item(s) which were not part of their original donation to the Virtual Warehouse or originally requested by the GIVIT Charity on the GIVIT List without our express written consent;

t. if you are a Donor, you acknowledge that if on inspection of a donated item, the GIVIT Charity does not deem it suitable for its intended purpose, they are under no obligation to collect or take delivery of the Item. Nor will you insist that collection or taking delivery of an Item (or any part thereof) is conditional upon taking and/or disposing of any items, or any part of the Item that the GIVIT Charity, upon inspection is not willing to take;

u. your participation is not for an improper purpose nor is your participation in the GIVIT Programme illegal or prohibited by laws which apply to you;

v. the GIVIT Portal may not be available at all times or at any specific time(s);

w. we do not undertake to retain records of specific donations made;

x. if you download any material from the GIVIT Portal, we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material on the GIVIT Portal;

y. you may not use our trade mark or represent that you are affiliated with GIVIT without our express written consent; and

z. we may withdraw any Items from the GIVIT Portal at any time, at our sole discretion. We are under no obligation to notify Participants if we withdraw an Item or a request.

6. No liability, representations or warranties

a. You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of Items donated using the GIVIT Portal or in respect of a failure or omission on the part of another Participant to carry out and/or complete a donation.

b. You release us from all actions, claims and demands that you may have against us arising out of a failure by us to comply with these Terms and Conditions or a failure by another Participant to comply with these Terms and Conditions.

c. You acknowledge that we make no representation as to the ownership of or title in Items or their suitability, quality or safety nor are we responsible for any representations made by Participants including their ability to complete a donation through the GIVIT Programme.

d. Our websites may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that we are not responsible for the content or privacy practices associated with linked websites. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

7. Emergency response relief mode (hereinafter referred to as “Emergency Mode”)

In the event of an emergency (e.g. bushfires, floods or other natural disasters) we may initiate Emergency Mode for such period as determined by GIVIT. During Emergency Mode there will be a dedicated section in the GIVIT Portal to respond to such emergency, with an emergency specific GIVIT List, and the following further terms and conditions apply regarding Emergency Mode.

a. (New Items only) Donors must only donate new Items requested on the emergency GIVIT List. This is a necessary requirement, as in an emergency GIVIT Charities may not have time to check that Items are safe and of appropriate quality.

b. (Delivery Only within 48 hours): Donors must only donate Items that can be delivered to the relevant delivery point within 48 hours of making the donation, or that meets the delivery window specified within the request for an Item.

c. (Unappropriated donations) If there are any unappropriated donations at the conclusion of an Emergency Mode, GIVIT may apply these donations (whether it be Items and/ or cash) to the GIVIT Programme.

8. Cash donations

a. (Cash donations) Donors may, in addition to donating Items, donate cash to GIVIT to purchase Item/s on the GIVIT List or on a particular emergency GIVIT List. Whilst Donors may choose to donate cash towards Item/s on the GIVIT List or toward Item/s on a particular emergency GIVIT List, Donors may not specify a particular Item/s that such donation shall be used to procure. All cash donated for the purposes of meeting an emergency GIVIT List will be used for the purposes purchasing Items requested as a result of the relevant emergency. Should the cash donated exceed the amount necessary to procure the requested items, clause 7 (c) shall apply. Donors may also make cash donations for the purpose of assisting GIVIT to meet its running costs.

b. (Refund Policy): No refunds shall be made for cash donations.

c. All cash donations shall be processed in Australian Dollars (AUD).

d. Security: When donating cash to GIVIT your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact our customer support centre at info@givit.org.au. For further detail regarding the protection and retention of your personal details please refer to our Privacy Statement.

9. Governing law

These terms and conditions are governed by the laws in force in Queensland.

 

The Prohibited List

We seek essential items for people in need.

GIVIT has the right to refuse any pledges or requests for Items.

The following Items must not be pledges or requested via the GIVIT Programme:

· Drugs of any kind (including prescribed or over the counter), drug-like substances and drug paraphernalia

· Gift cards or vouchers that can be exchanged solely for one or more other items on the Prohibited List

· Illicit, inappropriate or pornographic material (in books, videos etc.)

· Any electrical equipment with removed serial numbers and/ or without a manual (unless with GIVIT's express written consent)

· Medical devices and equipment (unless with GIVIT's express written consent)

· Baby/ Child furniture and equipment that does not fit with current Australian Standards. See Product Safety Australia website.

· Motor Vehicles and Caravans, or any item requiring exchange of Registration

 

Privacy Statement

· GIVIT Listed Ltd of PO Box 3061, Newstead, QLD 4006 and its related and associated bodies corporate (us, we, our) maintain a policy of strict confidence concerning your (you, your) personal information. This Privacy Statement details how we generally manage your personal information and safeguard your privacy.

· Generally, personal information is information which enables the identification of people (whether they are alive or deceased) and commonly includes information such as names, email addresses, phone numbers and photographic images.

· The Privacy Statement applies to the collection, storage, use and dissemination by us of your personal information.

· Access to our websites (www.givit.org.au and www.givitkids.org.au) (referred to in this Privacy Statement as the Sites) is conditional on your acceptance of the terms of this Privacy Statement.

· Although we will comply with this Privacy Statement in respect of information provided to us by persons under the age of 18 years, those persons must obtain the consent of a parent or guardian prior to using the Sites and the parent or guardian will be responsible for appropriately supervising the person's use of the Sites.

· By participating in a GIVIT Programme, GIVIT Items Donors and GIVIT Charities (including persons engaged by a GIVIT Charity) have agreed to comply with this GIVIT Privacy Policy.

1. Personal information of GIVIT Donors.

GIVIT is committed to protecting the privacy and confidentiality of our Donors and supporters.

What personal information do we collect?

We only collect personal information that is necessary for our work. The personal information we collect may include your name, address, email address, telephone number, payment information about any monetary donation/s, and any communications you have with us.

How do we use your personal information?

The personal information we collect is used to enable us to do our work and as such can be used for a number of purposes including to:

(a) process donations and registrations

(b) issue receipts

(c) facilitate a delivery or pick up of an item that you have donated

(d) respond to your comments or questions

(e) provide follow up information about GIVIT's work or your donated item

(f) enhance your use of and/or improve the Sites

(g) allow the functions and services offered on the Sites to be provided to you; research the GIVIT community’s attitudes

(h) seek your ongoing support, or

(i) assist in internal reporting activities.

We never rent, sell, lend or give away our GIVIT list recipients' personal information or any other personal information collected from any of our activities.

Disclosure

We disclose personal information to third parties but only where the disclosure is necessary to enable us to do our work.

Most frequently this consists of disclosing the personal information of GIVIT Items Donors being disclosed to the GIVIT Charity who has selected the donated item to facilitate in the pick up/delivery of the donated item. In these circumstances, the GIVIT Charity must only use that information for the limited purpose of facility pick up/delivery of the item. For donations made under the GIVIT Kids programme no personal information of a donor will ever be provided to a GIVIT Charity.

Other than mentioned in the paragraph above, we do not pass on GIVIT Donor personal information to any other third parties (unless required by law), or publish them on our Sites without explicit Donor permission (unless required by law).

If you have made a monetary donation to GIVIT and have received a receipt for taxation purposes, by law we must keep a record of your details for seven years.

2. Personal information received from GIVIT Charities and their clients

GIVIT is the recipient of personal information from GIVIT Charities in the form of the personal information of employees, volunteers, agents and clients of a GIVIT Charity when it is undertaking its work.

GIVIT is committed to protecting the privacy and confidentiality of these people.

In some cases GIVIT Charities and the organisations supported by GIVIT will not wish for their details to be disclosed - in which case, this information shall not be disclosed.

How do we use GIVIT Charity personal information?

GIVIT Charities’ personal information is collected and used by GIVIT in order to allow GIVIT to undertake its work and only with the GIVIT Charities consent. This means that GIVIT Charity personal information will be used for a number of purposes including:

(a) To assess if you, and the organisation you represent, meet GIVIT eligibility criteria for registering as a GIVIT Charity;

(b) For the purposes of facilitating a pick up or delivery of an item that has been donated - in which case limited information is provided only to the GIVIT Donor;

(c) To enhance your use of and/or improve the Sites;

(d) To allow the functions and services offered on the Sites to be provided to you;

(e) For internal reporting purposes;

(f) To continuously develop and improve GIVIT services;

(g) To assess the effectiveness of GIVIT services; and

(h) To assess the need in the GIVIT community and communities into which GIVIT may expand

Disclosure

GIVIT Charities information and personal information is never disclosed to other organisations or individuals without the Charity's consent (and if appropriate the consent of the organisation they are representing), unless we are required to do so by law.

Any personal information that GIVIT may collect in relation to a Charity’s client (which is not generally required for GIVIT services) shall not be disclosed without their express consent. Further, we insist that GIVIT Charities do NOT disclose their client's personal information to GIVIT Donors.

3. Cookies

When you visit the Sites the server may attach a "cookie" to your computer's memory. A "cookie" assists us to store information on how visitors to a Site use it and the pages that may be of most interest. This information may be used to make assumptions about who uses your computer and to provide users of your computer with information that we think may interest the users of your computer. However, this information is not linked to any personal information you may provide and cannot be used to identify you. You should be able to configure your computer so that it disables "cookies" or does not accept them.

4. Use and disclosure of information

We will not disclose personal information to any third party other than as set out in this Privacy Statement.

GIVIT may also disclose Donor personal information and GIVIT Charity personal information to our related bodies corporate.

5. Accuracy of your information

All reasonable steps are taken by us to ensure that your personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us (see below).

6. Your consent

By your use of the Sites or your participation in any service or promotion you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Statement.

7. Storage and security

We will use all reasonable endeavours to keep your personal information in a secure environment. If you reasonably believe that there has been an unauthorised use or disclosure of your personal information, please contact us (see below).

8. Variation and consent to variation

We may at any time vary the terms of this Privacy Statement. You should check this Privacy Statement regularly so that you are aware of any variations made to this Privacy Statement. You will be deemed to have consented to such variations by your continued use of the Sites following such changes being made.

9. Contacting us

If you have a complaint if you believe your privacy has been breached, or wish to update your details, please contact our Privacy Officer

(a) by post addressed to the Privacy Officer, GIVIT, PO Box 3061, Newstead, QLD 4006; or

(b) by email to info@givit.org.au