Member Terms & Conditions
1 Introduction
(a) These terms and conditions (Conditions) are made between Good360 Australia Limited (ABN 93 161 292 664) (Good360/ We / Us / Our) and the membership organisation as specified when signing up on our website (You, Your).
(b) Please take the time to read these Conditions carefully. By becoming a member, and ordering from Us, You acknowledge and agree that You have read and understood these Conditions and agree to be bound by these Conditions.
(c) You warrant that the person executing these Conditions is an authorised representative in accordance with the constituent documents of Your organisation and has the authority to legally bind You.
(d) These Conditions govern the Your membership with Us.
(e) You agree and affirm that as a result of Your membership with Good360 You will be eligible to receive certain goods from Good360 (Goods). You agree that You will use the Goods in accordance with these Conditions.
(f) We may update these Conditions at any time by issuing the updated Conditions on our website and/or by sending an email to Your organisation’s registered email address with the updated Conditions. We may notify You of the updated Conditions next time You elect to log in and use Your membership. By continuing to access or use our websites (www.good360.org.au and https://catalog.good360.org.au) under Your membership after We have posted the changes on our website, You agree to be bound by the updated Conditions.
2 Requirements for membership and termination
(a) To be eligible for membership with Us, You must meet the requirements set out in this clause. For clarity, all applications for membership with Us are subject to Our approval which may be withheld at our absolute discretion.
(b) You represent and warrant that:
(i) You are listed on the Australian Charities and Not-for-Profit Commission Register; or
(ii) You have Your income tax exempt status recognised on the Australian Business Register; or
(iii) Your school holds an ACARA My School registry ICSEA index score of below 1000, or Your school is listed as ‘Special’ on the ACARA My School registry; and
(iv) You have:
(A) held the relevant registration, status or listing (Registration) set out in this clause for at least a period of 12 months prior to agreeing to these Conditions; and
(B) will continue to hold the Registration while a member of Good360.
(c) You represent and warrant that You have a genuine charitable need for the Goods that does not conflict with the overall charitable goal of Good360.
(d) It is a condition of membership that:
(i) You have at least 2 users registered on Your account with one of these being an executive of Your organisation (CEO, CFO, GM, Principal) (Nominated Personnel);
(ii) We are able to contact the Nominated Personnel in connection with these Conditions and any orders; and
(iii) You have a nominated contact with an active and valid email address that Good360 can use to contact You in order to participate and receive Goods (this contact can be a Nominated Personnel).
(e) Good360 may at its sole discretion accept membership of any organisation it deems appropriate.
(f) It is a condition of Your membership that the Goods are used strictly in accordance with these Conditions and specifically in accordance with clause 3.
3 Use & Storage of Goods
3.1 You acknowledge and agree that We give You the Goods subject to strict compliance by You with the following terms:
(a) You must only use the Goods:
(i) strictly in accordance with Your charitable purposes or service; and/or
(ii) to support care for the ill, those in need or disadvantaged youth within Australia;
(b) You may:
(i) use the Goods Yourself; or
(ii) subject to compliance with clause 3.3, give the Goods to an individual free of charge, costs or receipt of any benefit by You, whether financial or otherwise;
(c) You must ensure that the Goods are not used:
(i) to further or with the intent to commit any criminal act or to associate with any criminal or terrorist activities;
(ii) for commercial purposes by You or Your personnel (including individuals that You may give the Goods to in accordance with clause 3.3);
(iii) in a way that may cause Good360 to violate any law;
(iv) in a way which may cause You or Us to breach these Conditions;
(v) in a way which may or has the potential to adversely affect the reputation of Good360;
(d) You must not transfer, sell, give or assign the Goods to any other organisation or entity:
(i) without Our prior written consent;
(ii) unless, if applicable, You agree to any of Our additional terms and conditions;
(iii) unless You have been approved by Us as a Community Redistribution Partner (see cl 9 ‘Programs’ below); and
(e) You agree that Goods will not be used or shipped outside of Australia;
(f) The Goods must be received and stored by You at a business location and not a personal residence;
(g) You must:
(i) not sell, trade, barter or otherwise transfer the Goods in exchange for money, property or services;
(ii) not use the Goods for any fundraising activities; and
(iii) not accept voluntary, recommended or required cash donations in direct or indirect exchange for the Goods;
(h) Subject to clause 3.2, the Goods must not be given to or taken by Your personnel including volunteers, officers, directors, or employees, for personal or other uses.
3.2 Good360 may, at its absolute discretion, authorise in writing for the Goods to be used as ‘thank you’ gifts by You for Your volunteers. If this is the case, We will advise You of this permitted use in writing. Any gifts to volunteers by You must comply with Your gifts & honorariums policy and all applicable laws including the Australian Charities and Not-for-profits Commission Act 2012 (Cth) and associated legislation as applicable (ACNC Law) and/or the Income Tax Assessment 1997 (Cth) and the Income Tax Assessment Act 1936 (Cth) (Tax Law). Good360 takes no responsibility for any breaches of these laws by You.
3.3 If You provide the Goods to an individual accordance with clause 3.1(b), You must:
(a) make a reasonable assessment of the needs of the individual including determining that they would materially benefit from the Goods and that provision of the Goods is in line with the overall charitable objects of Good360;
(b) ensure that no more Goods are provided than reasonable required to the individual for their personal use;
(c) ensure that the individual agrees to only use the Goods for their personal use; and
(d) be able to provide Good360, on demand, evidence of the above where requested.
3.4 You must and must ensure Your personnel engage with Good360 and its personnel in a courteous and respectful manner.
3.5 You must comply with all applicable laws in carrying out Your obligations and exercising any rights under these Conditions.
3.6 You agree to maintain adequate books and records of any Goods You may obtain from Good360 as required by the Tax Law and the ACNC Law, and to make such records available upon request to Good360, the Australian Taxation Office or the Australian Charities and Not-for-profits Commission. You further agree to provide adequate substantiation of Your distribution of the Goods to the Australian Taxation Office, the Australian Charities and Not-for-profits Commission and/or Good360 promptly upon request.
3.7 You agree that unless You have a pre-existing relationship with a particular Good360 donor, You are refrained from the solicitation of products from Good360’s donors without Good360’s prior, written consent.
4 No Warranty
4.1 You understand and agree that any Goods You may receive via Good360 will be received by You in an ‘as-is’ condition and that Good360 makes no warranty, covenant or representation, expressed or implied, regarding the Goods, including without limitation, their design, quality, condition or fitness for any particular purpose.
4.2 Good360 is not liable for any direct, indirect or consequential damages or losses suffered or incurred by You or any third party as a result of the use or consumption of the Goods.
4.3 Once You have received the Goods, risk in the Goods will pass to You and You will not be permitted to return the Goods to Us or the donor of the Goods.
5 Order
5.1 Good360 orders are final and cannot be returned or exchanged by You.
5.2 Nothing in these Conditions requires Good360 to supply You with the Goods. Good360 may vary or cancel Your request for Goods at any time prior to You receiving the Goods.
5.3 Good360 reserves the right, without notice to You, to reject any request You place with Us, and may, in Our sole discretion limit or cancel orders including multiple requests of the same product or requests of large quantities that are being placed under the same account.
5.4 You acknowledge that:
(a) specific limitations or eligibility requirements may apply to certain Goods offered by Us to Our members (for example, Goods may be restricted by quantities, geographic limits or Your cause/service area and planned use for the Goods);
(b) We may offer different Goods to different members;
(c) We may in our absolute discretion determine which Goods You may access on our website or restrict the Goods which You may be able to view or request to order from Us; and
(d) We may ask You additional questions to determine Your eligibility to receive any Goods.
6 Termination, suspension and return of Goods
6.1 Good360 may:
(a) suspend (for any period of time); or
(b) terminate,
Your membership any time and for any reason, including without limitation if You do not comply with any of these Conditions. We are not required to give You notice of the termination or provide You with any reason for Our decision.
6.2 If We suspend or terminate Your membership for any reason or We have reason to suspect that You are not complying with these Conditions, We may:
(a) require You to immediately cease dealing with any Goods in Your possession;
(b) require You to return to Us at Your cost any Goods remaining in Your possession or control; and/or
(c) take any additional action Good360 determines appropriate.
6.3 If You fail to take any action required under clause 5.4 within 14 days of a written request by Good360, We may take such action as We deem reasonable to recover the Goods from You including any legal action.
7 Shipping & Handling
7.2 Delivery address must be open Monday-Friday, 9am-5pm. If a redelivery is required Good360 reserves the right to pass on any redelivery fees or take membership compliance actions outlined in clause 10 below.
7.3 Where relevant, You may elect to have Your Goods delivered to Your delivery address (as set out in clause 7.1) subject to payment of the Delivery Fee (if any) or collect Your Goods through the Click & Collect service when You place the request on our website. You acknowledge that delivery or Click & Collect requests cannot be modified or cancelled once Your request has been confirmed by Good360.
7.4 You acknowledge that Good360 may provide Your delivery information including order number and contact details to a third-party in cases where Goods will be delivered directly to You from a third party donor or in cases where You Click & Collect from a third party location;
7.5 Risk in the Goods transfers to You once the Goods are no longer in our control including:
(a) once the Goods are collected by a third party for delivery; or
(b) when You collect the Goods from Your selected Click & Collect location.
7.6 Good360 is not liable for any damage or losses incurred by Your or any third party during the transit of the Goods.
7.7 You acknowledge that, We may charge:
(a) a handling fee to cover Good360’s direct and indirect costs and expenses in respect of acquiring, processing, handling, packaging and/or coordinating the donation of the selected Goods (Handling Fee); and/or
(b) a delivery/shipping fee based on the dimensions and weight of the selected Goods for delivery to door service (Delivery Fee),
collectively, Fees.
7.8 We will advise You if any such Fee applies prior to finalising Your order for the Goods. You will be required to pay any such Fees to Us prior to any dispatch of the Goods by Us to You.
7.9 In relation to Good360’s Click & Collect service, You and acknowledge and agree:
(a) to promptly collect Your order at the time and from the location You selected when You requested the Goods;
(b) to bring an appropriate vehicle enabling you to collect the entire order;
(c) that You may be asked for photographic identification when You collect Your Click & Collect order;
(d) that You must provide a copy of the invoice issued by Good360 when You collect Your Click & Collect order;
(e) to any other such requirements that are set out on our website when You select the Click & Collection option;
(f) if the Click & Collect location is not at Good360, We will share Your order and contact details with the relevant third party organisation in order to facilitate your collection.
7.10 If the Goods are not collected at the agreed collection date/time, Your order will be cancelled and Good360 may re-list those Goods on our catalogue for other participating organisations.
7.11 You acknowledge that any Fees will not be refunded if You fail to pick up Your Goods within the required timeframe or You are not at Your delivery address at the specified time organised for delivery. Any rescheduling of collection date/time is at the discretion of Good360 and is not guaranteed. Any rescheduling/redelivery fees charged by third party delivery providers may be passed on to you.
7.12 You acknowledge that you cannot switch Your delivery method (i.e. from Click & Collect to deliver to door and vice versa) once Your order has been placed. If, in its sole discretion, Good360 agrees to switch Your order’s delivery method at Your request, You will be charged an administration fee of $100 to cover Good360’s costs in addition to any extra Handling Fee or Delivery Fee applicable.
7.13 Good360 reserves the right to change the Handling Fee, Delivery Fee or any other administration fees at any time.
8 Store Credit
Store credit can be purchased from Good360’s website and used for Your Fees. Store credit can only be used with a valid Good360 membership and will expire 3 years after purchase. Any excess on Your account on expiry/termination of Your membership will not be refunded.
9 Programs
9.1 On occasion, Good360 makes available programs under which certain Good360 members:
(a) can become a Community Partner of Good360; and/or
(b) can have a line of credit extended by Good360 in order to pay their Fees via invoice; and/or
(c) can obtain bulk Goods (Truckload/Bulk Program); and/or
(d) can participate in regular pickups of Goods from a donor’s retail store (Local Store Pickup Program);
(e) are permitted to transfer Goods to Not for Profits in the Good360 member’s local area (Community Redistribution Partner Program).
(each a Program and, collectively, Programs)
9.2 In order to participate in a Program, You must obtain Good360’s approval, which may be withheld or granted at Good360’s discretion.
9.3 Good360 reserves the right to at any time in its sole discretion to:
(a) terminate or modify any Program and add additional Programs;
(b) determine, and amend/modify, the terms and conditions of participation in a Program, including, without limitation, requirements for eligibility for participation in the Program with any such terms and conditions to be as set forth in a separate agreement, as posted on Good360’s website or as otherwise provided by or on behalf of Good360 to Program participants; and
(c) terminate or suspend Your participation in any Program.
9.4 Participation in a Program is subject to these Conditions and any additional criteria and conditions as set out in 9.3(b).
10 Impact Stories and Compliance
10.1 Members must provide Good360 with at least one (1) impact story per every two (2) orders in accordance with the template impact form that will be provided to You from time to time. Some Goods may require an individual impact story or have additional restrictions if ordered and these will be detailed in the product detail page of those Goods or in a pop-up/checkout question that will be provided to You. You must ensure that You obtain the consent of all relevant individuals for Good360 to use the relevant impact story for our business and promotional purposes.
10.2 You agree to provide any information We may require in undertaking an investigation (whether that is random spot checking or due to a complaint/identified breach) and acknowledge that Good360 regularly monitors compliance of members. Without limiting any other rights We may have, We may place Your account under suspension during compliance investigations without notice. We may undertake a variety of actions resulting from investigations at our sole discretion, including:
(a) phone call to You detailing issue;
(b) suspension of account for any period of time;
(c) removal or temporary suspension from certain programs or products;
(d) downgrade/restriction of account and access to Goods;
(e) require additional impact stories above standard requirement;
(f) termination of membership;
(g) return of all Goods; and
(h) injunction/legal action.
11 Indemnities
11.1 You understand and agree that You are responsible for the correct storage, disposal and use of the Goods in accordance with the applicable manufacturer’s instructions and guidelines in relation to each of the Goods You receive. You agree to waive any and all claims against and release Good360 and the relevant donor from all liability associated with the use of the Goods.
11.2 You agree to indemnify and release Good360, its donors, its affiliates, and each of its respective officers, directors, employees, agents, counsels, successors and officers, from and against any loss, cost, damage, expense, or liabilities (including reasonable legal fees) incurred in connection with any and all claims, including third party claims, that result from or relate to Good360’s negligence or wilful misconduct, the manufacturing of the products donated via Good360, or arising from or relating to Your use of the Goods or the violation of these terms and conditions.
11.3 You agree that Good360 is not liable to You under these terms and conditions or otherwise for any loss or liability however arising for loss of profits, delay, loss or corruption of data, loss or reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of indirect, consequential or special loss or damage which may be suffered or incurred or which may arise directly or indirectly in relation to these terms and conditions or any request for Goods.
12 Privacy
Good360 collects Your personal information for the purposes of the terms and conditions in this Agreement and may, for this purpose, disclose such information to third parties assisting in the charitable purpose of Good360. Provided You have agreed, we may also use any personal information for future promotional, marketing and donation purposes.
Good360’s privacy policy (located at https://good360.org/privacy-policy) contains information about how You may complain about a breach of privacy and sets out how Good360 will deal with that complaint.
13 Communications
13.1 You agree to make no mention of Good360, its donation programs, or its donors without Our express written consent.
13.2 You can coordinate any press statements and publications (including press releases, media advisories, interviews, blogs, webcasts) that mention Good360, its donation programs or its donors, through our press office (contact@good360.org.au). We will aim to respond within 48 business hours to Your inquiries.
13.3 You may mention Us on social medial releases by tagging Us in Your posts which We approve.
13.4 Dispute Resolution
You agree to take all reasonable measures to resolve any disputes that may arise under this Agreement. You also agree and understand that this Agreement may be enforced by legal action, including but not limited to injunctive or other equitable relief. This Agreement will be construed according to the laws of New South Wales. In the event that a court holds You in breach of this Agreement, You agree to reimburse Good360 for its reasonable legal fees and costs incurred as a result of Your breach of this Agreement.
14 General
14.1 No Merger
All of Your obligations set out in these Conditions (including any indemnities and/or releases You provide and restrictions on the use of Goods) continue to apply even if Your membership expires or terminates.
14.2 Construction
Unless expressed to the contrary, in these Conditions :
(a) words in the singular include the plural and vice versa;
(b) if a word or phrase is defined its other grammatical forms have corresponding meanings;
(c) includes means includes without limitation;
(d) a reference to:
(i) a person includes that person’s legal personal representatives, successors, assigns and persons substituted by novation;
(ii) any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
(iii) an obligation includes a representation or warranty and a reference to a failure to comply with an obligation includes a breach of representation or warranty;
(iv) time is to local time in New South Wales;
(v) ‘$’ or ‘dollars’ is a reference to Australian currency;
(vi) This or any other document includes the document as novated, varied or replaced despite any change in the identity of the parties.
Last Updated: 31/10/2024
