Terms and Conditions – PafGUIDE™ subscribers
1. AskRight Pty Ltd ABN 59 107 169 942 (AskRIGHT™) is a fundraising consultancy that builds the capacity of non-profit organisations so that they can raise more money. The Complete Guide to Australia’s Private & Public Ancillary Funds (PafGUIDE™) is a unique information service developed and offered by AskRIGHT. This Agreement sets out the terms and conditions for those that subscribe to the PafGUIDE (Subscriber) and any bundled services.
2. Subject to payment of the subscription, AskRIGHT grants to the Subscriber a personal, non-exclusive, non-transferable licence to allow approved individuals (Nominated User/s) only to use the PafGUIDE for the period covered by the subscription solely for the purpose of identifying potential funding sources for the Subscriber’s charitable activities (Approved Purpose).
3. The PafGUIDE is a continuing project. AskRIGHT may (but is not obliged to) update the information in the PafGUIDE from time to time.
4. The Subscriber acknowledges and agrees that title to and ownership of all intellectual property (including copyright) in the PafGUIDE, its contents, and any updates which may be provided to the Subscriber is vested in AskRIGHT. Nothing in this agreement is intended to vest any intellectual property rights in any material in the Subscriber.
5. The Subscriber also acknowledges and agrees that the information contained in the PafGUIDE comprises confidential information of AskRIGHT, excluding any information which is in the public domain or which enters the public domain other than as a result of any breach of this agreement.
6. The initial term of this subscription begins on the date the Nominated User/s receive access details and continues for twelve (12) months, then continues monthly unless cancelled by either party or by failure to pay the required subscription. AskRIGHT may immediately and without further notice terminate access to the PafGUIDE if the Subscriber fails to make a subscription payment when due, becomes bankrupt, insolvent, or subject to external administration, fails to remedy to the satisfaction of AskRIGHT, or any breach of this agreement within seven (7) days' notice given to the Subscriber by AskRIGHT.
7. Upon cancellation of the agreement by the Subscriber the remaining balance of the twelve (12) month contract amount must be paid to AskRIGHT.
8. Access to the PafGUIDE is restricted to the Nominated User/s. Additional fees apply for access to the PafGUIDE by more than one Nominated User. The Subscriber can change the Nominated User/s because of change in role, change of personnel, or to provide access during a period of annual leave.
9. The Subscriber agrees:
• To use the PafGUIDE only for the Approved Purpose;
• To maintain the subscription for at least twelve months;
• To advise AskRIGHT within thirty days of any change of Nominated User/s, update to contact details for Nominated User/s, or any actual or suspected misuse or unauthorised disclosure of the PafGUIDE and its contents, any update, or any infringement or suspected infringement of the intellectual property rights of AskRIGHT by any person;
• NOT to provide access details to any person other than the Nominated User/s;
• NOT to copy or permit to be copied all or any part of the PafGUIDE, its contents, or any update by any means whether handwritten, electronic, or mechanical; except for reasonable single print use by the Subscriber;
• To provide any assistance reasonably necessary to AskRIGHT in relation to any legal action that AskRIGHT might take for unauthorised use, disclosure, or copying of all or any part of the PafGUIDE, its contents, any update, or any intellectual property;
• NOT to disclose, show, or lend all or any part of the PafGUIDE, its contents, or any update to any person other than an officer or employee of the Subscriber, or a professional adviser to the Subscriber, with a need to know that information provided that the Subscriber must procure that any person to whom information is disclosed keeps that information confidential and complies with this agreement as if that person were a party to it, except as required by law. To the extent that the Subscriber is required by law to disclose any information contained in the PafGUIDE, the Subscriber will give prior notice to AskRIGHT and take all steps reasonably necessary to preserve the confidentiality of the information to the maximum extent practicable.
• To be listed privately and publicly as an AskRIGHT client
11. This Agreement does not create a relationship of employment, trust, agency, joint venturer or partnership between the parties to this Agreement or between any of the parties to this Agreement and the Recipient.
12.In the event of any dispute between any of the parties arising out or in connection with this Agreement, a senior representative of the party raising the dispute must send it in writing to the principal address of the other party involved in the dispute (dispute notice). The appropriate representatives will endeavour to resolve the dispute within two weeks of the dispute notice having been received by the other party. If the parties fail to resolve the dispute, the dispute will be subject to the exclusive jurisdiction of the courts of Queensland and any courts having appellate jurisdiction therefrom.
13.The laws of Queensland govern any dispute or matter arising in connection with this Agreement.
14.If it is discovered or suspected that access has been granted to other persons than the Nominated User/s, AskRIGHT may immediately and without further notice terminate access to the PafGUIDE.
15.If it is discovered or suspected that a user has scraped/copied/mined/saved or otherwise duplicated the data of the PAFGuide, AskRIGHT may immediately and without further notice terminate access to the PafGUIDE.
16.If it is discovered or suspected that an organisation with a subscription is a for profit entity or consultancy, AskRIGHT may immediately and without further notice terminate access to the PafGUIDE.
17.The Subscriber agrees and acknowledges that AskRIGHT has significantly invested in the research and production of the PafGUIDE and reserves the rights to take any available legal action (including seeking an injunction) in relation to any suspected, anticipated, or actual breaches of this agreement or its intellectual property rights.
18.The Subscriber may not assign all or any of its rights under this agreement. AskRIGHT may assign all or any of its rights under this agreement.
© AskRIGHT Pty Ltd 2020
PafGUIDE™ is the property of AskRIGHT and subject to registered trade mark applications including Australia and New Zealand.