Donation Terms

Introduction

These terms and conditions apply when Superyard Online Pty Ltd (ABN 15 648 269 612) (“we,” “us,” or “our”) is donating materials (“Donation Terms”). By accepting our Donations, you acknowledge that you have read, understood, and agree to be lawfully bound by these Donation Terms, Terms of use of our website, and our Privacy Policy which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not accept any donations from us.

Definitions

“Donation” refers to the materials or goods available for endowment by us to you through our Website;

“Donation Account” shall mean an electronic account opened by or for the User on the Website for browsing and availing various Donations offered on the Website;

“User”, “You” and “Your” refers to a party who is registered to access any Donations from us; and shall include a company, partnership, sole trader, person, body corporate or association; or any of that party’s agents, employees, or contractors.

“Website” refers to www.superyard.com.au owned and managed by us.
“Warehouse” means the location as notified by us, where you can view and collect Donations.

Purpose of Donations

The Donation is being made for a sustainability purpose and no other use of the Donation shall be permitted.

Donation Registration Process

Donation Accounts can be created through the dedicated page on our Website or by contacting Superyard via email at info@superyard.com.au.

Through your Donation Account, you have the option to express interest in specific types of Donation material to help us understand the demand.

We will invite Users to our Warehouse to inspect the available Donations.

During the Warehouse visit, you can confirm the Donations selected.

The details of the Donation will be recorded by us, and you will receive a copy of the list of items selected.

We will reserve the Donations selected at our Warehouse, for collection.

Donation Occurs on Collection

The Donation will be made only upon collection by you.

Free and clear title of the Donation will transfer to you at the point of collection at our Warehouse.

You will be required to sign a collection docket or a document of that nature upon collection.

Revocation

In the event that you breach this Agreement, we may revoke the Donation and may require you to immediately return the Donation to us.

Ongoing Maintenance Costs

After collection of the Donation, you are solely responsible for any expenses associated with the ongoing maintenance and upkeep of the Donation.

Your Obligations

You must:

  • comply with all applicable laws and regulations, permits, licences, registrations, authorisations, consents or other certifications that you are required to have in order to receive the Donation (including compliance with laws and regulations for not-for-profits).
  • notify us as soon as possible if there is any change in relation to your tax status, or any applicable permits, licences, registrations, authorisations, consents or other certifications, which affect the capacity to receive or manage the Donation.
  • return the Donation to us in the event that the Donation is received in error (for example, as a result of fraud or incorrect information).
Warranties

You warrant and represent that:

  • You have all applicable permits, licences, registrations, authorisations, consents or other certifications that you are required to have in order to receive the Donation in Australia.
  • All information which you have provided to us is true and correct and is not misleading.
  • You will only use the Donation in accordance with the purpose set out in this Agreement.
  • The Donation will not be transferred, sold, traded, bartered, gifted or assigned to any other entity (unless expressly permitted under these Donation Terms, or unless necessary in order to comply with the purpose as set out in these Donation Terms).
  • Your staff, employees, officers, directors, volunteers, representatives or other personnel will not use the Donation for their personal use or enjoyment.
  • You will comply with all applicable laws and regulations in relation to receiving donations in Australia.
  • You will keep adequate records as required by any applicable Australian laws or regulations, including but not limited to taxation laws and regulations, and will provide such records to us or any relevant authority upon request.
Acknowledgements

You acknowledge and agree that the Donation is provided “as-is”.

We do not provide any warranties, covenants or representations, whether express or implied, regarding the Donation, including but not limited to in relation to the suitability or fitness for any particular purpose of the Donation.

You are responsible for the correct storage, usage, servicing and responsible disposal of the Donation, in accordance with any relevant manufacturer guidelines or instructions (where applicable).

Indemnity

You acknowledge and agree that we will not be liable for any direct or consequential claims, losses, costs, damages, expenses or other liabilities suffered or incurred by you or any of your staff, employees, officers, directors, volunteers, representatives or other personnel or any third party, as a result of your use of the Donation.

You indemnify and keep us indemnified (including any of our staff, employees, officers, directors, volunteers, representatives or other personnel), from and against any claims, losses, costs, damages, expenses or other liabilities, whether direct or indirect, including but not limited to claims by any third parties as well as any legal fees or costs we incur, and including but not limited to claims, losses, costs, damages, expenses, or other liabilities which may arise from or relate to:

  • the Donation;
  • any negligence or wilful misconduct (including by any of our staff, employees, officers, directors, volunteers, representatives or other personnel);
  • your breach of these Donation Terms;
  • any errors or inaccuracies in any information that you provide to us;
  • any claim, dispute, or liability relating to any infringement of intellectual property rights that arises out of or relates to any information you provide to us;
  • a breach of any law or regulation by you or any of your staff, employees, officers, directors, volunteers, representatives or other personnel;

Except to the extent that such claims, losses, costs, damages, expenses or other liabilities are directly attributable to our negligence or wrongful act or omission.

Liability

In the event that we are liable to you for anything in connection with this Agreement, our total liability to you shall be limited to the value of the Donation.

No Services

There are no services, sale, promotion, or anything of a similar nature related to the Donation, except the services offered on our Website. The Donation has been given without any further agreement of services or retribution to us and is given freely and wilfully by us and received by you.

Privacy

We take our privacy obligations very seriously and we comply with Australian privacy law.

For accessing the Website, you may be required to provide specific information and to create a User ID and password to establish a Donation Account.

By accessing or using our Website and our Warehouse, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

You accept that the details you provide about establishing Donation Account are correct and that you will keep your details up to date. You are responsible for the security of all your usernames, passwords, and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorised or not) of your accounts. You agree to notify us immediately if you know or suspect that anyone other than you knows your user ID or password at support@superyard.com.au. We may at our discretion suspend or terminate any of your usernames and passwords at any time with or without notice.

General

GOVERNING LAW: These Donation Terms shall be governed by and construed under the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. The courts of New South Wales shall have exclusive jurisdiction over any dispute arising from these Donation Terms.

ASSIGNMENT: We shall have the right to assign or transfer this agreement to any third party at our sole discretion.

AMENDMENTS: These Donation Terms may only be amended in writing in a document that is signed by both Parties.

SEVERABILITY: If any provision of these Donation Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

ENTIRE AGREEMENT: These Donation Terms constitutes the entire agreement regarding Donations and supersedes any prior or contemporaneous understandings, whether written or oral.

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