- These terms form a binding agreement between Grant Ready Pty Ltd (ACN 117 653 317) ("GrantReady") and the subscriber to the GrantGuru database ("the subscriber").
Copyright and Disclosure
- Copyright in the GrantGuru database and the web site on which it appears (the database") as a whole, and all of its content other than content identified as having originated with a third party, is owned by GrantReady. The database was first published in Melbourne in 2007. The database and its content may not be reproduced or disclosed except as set out in these terms of subscription, or with GrantReady's written consent.
- The subscriber may reproduce material included in the database only to the extent necessary to identify, prepare and lodge grant applications on its own behalf.
- The subscriber may only disclose information or material included in the database which is not in the public domain to the extent necessary to make and lodge grant applications on its own behalf.
- The subscriber must not disclose its user name or password to a third party, give a third party access to any area of the database which requires a password for access, or disclose to a third party the functionality of any area of the database which requires a password for access.
Warranties, Limitation of Liability and Indemnity
- The data base is designed to provide you with initial information about available grants. GrantReady gives no express warranties and makes no representations in relation to the database including (without limitation) that:
- the information contained in the database is complete, accurate or up to date;
- that the subscriber will be eligible for or will receive a grant;
- that the subscriber will not be exposed to computer viruses and other forms of interference as a result of using of the database; or
- that information transmitted via the data base will be secure from unauthorized interception.
- GrantReady excludes all implied warranties in relation to the database, other than warranties implied by the Trade Practices Act and other applicable legislation which may not lawfully be excluded by agreement.
- GrantReady assumes no liability for any commercial decisions made by the subscriber in reliance on the database.
- To the maximum extent permitted by law, GrantReady's liability, on any legal basis, for any loss, damage, costs or expenses ("loss") incurred by the subscriber arising out of or in connection with the database is limited to the refund of the amount paid by the subscriber to GrantReady. This limitation extends to loss caused by the negligence of GrantReady or its officers or employees.
- To the maximum extent permitted by law, the subscriber indemnifies GrantReady against all loss (including claims by third parties) arising out of or in connection with the subscriber's use of the database, or the subscriber's breach of these terms of subscription. This indemnity includes legal costs on an indemnity basis and any GST payable by GrantReady in relation to this indemnity.
Transfer and Refund Policy
- The GrantGuru subscription is not transferable to a third party without GrantReady's written consent. Subscription fees are not refundable (unless applicable legislation requires GrantReady to refund them).
- GrantReady may terminate the subscription without notice to the subscriber if the subscriber breaches these terms of subscription. If GrantReady terminates the subscription, it may retain any subscription fees received prior to the date of termination.
- If a party considers there is a dispute relating to the database or these terms of subscription, ("dispute") it shall give the other party written notice of the dispute. If the parties have not resolved the dispute within 30 days of the notice being given, the party who gave the notice shall initiate mediation before a mediator chosen by the parties or, where the parties cannot agree, by the Australian Commercial Disputes Centre (ACDC). The parties will use their best endeavors to settle the dispute promptly. The mediation will be conducted in Melbourne in accordance with ACDC Mediation Guidelines provided they do not conflict with the provisions of this paragraph. If the dispute is not resolved in 60 days after mediation is initiated, mediation will terminate unless the parties otherwise agree.
- A party must not commence legal proceedings against the other party in relation to a dispute until the procedure set out in paragraph 14 has been complied with, unless the relief sought by the party includes the grant of urgent interlocutory relief.
- These terms are governed by the law of Victoria. 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.
- If any provision of these terms is illegal, unenforceable or void in any jurisdiction, 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.