1. Introduction
This section must be read and agreed to by an authorised representative in accordance with the constituent documents of the requesting organisation (You). Good360 Australia Limited (ABN 93 161 292 664) (Good360) reserves the right to terminate Your organisation’s registration if Your organisation does not meet the basic requirements or violates any of the conditions listed in this Agreement.
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 the terms and conditions in this Agreement.
You represent that You are listed on the Australian Charities and Not-for-Profit Commission Register or have Your income tax exempt status recognised on the Australian Business Register, or, 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.
You further represent that You have the authority to enter into this Agreement and the individual signing this Agreement has the authority to legally bind You.
2. Use & Storage of Goods
You understand and agree:
to use the Goods solely to further a purpose or service related to the core purpose and/or programs supporting Your tax exempt designation and, wherever and to the greatest extent possible, to support Your work to care for the ill, needy or youth within Australia;
that the Goods will not be used to further or with the intent to commit a terrorist act(s) or to associate with any criminal or terrorist activities;
that the Goods may not be transferred, sold, given or assigned to any other Not-for-Profit organisation or other entity unless Good360 has granted its express written authorisation, for example, by approving Your organisation as a Community Redistribution Partner (see cl 7 ‘Programs’ below);
that the Goods must be received and stored by You at a business location and not a personal residence;
that You will not sell, trade, barter or otherwise transfer the Goods in exchange for money, property or services;
that the Goods may not be used in conjunction with any fundraising activities and that You will not accept voluntary, recommended or required cash donations in direct or indirect exchange for the Goods;
that the Goods may not be given to or taken by Your volunteers, officers, directors, or employees, for personal use and that the Goods will not be returned to the donor or the donor’s retail store/s;
that Good360 may give specific authorisation for the Goods to be used as thank you gifts for volunteers for a restricted duration only during our annual Christmas Campaign period (Nov-Dec) and will advise Your organisation in advance when this is acceptable (e.g. by EDM). Any gifts to volunteers should be in compliance with Your gifts & honorariums policy and in compliance with any Australian Charities and Not-for-Profits Commission or Australian Taxation Office rules and Good360 takes no responsibility for any breaches of these regulations by You.
You agree to maintain adequate books and records of any Goods You may obtain from Good360 as required by applicable tax law and regulations, and to make such records available upon request to Good360 and/or the Australian Taxation Office.You further agree to provide adequate substantiation of Your distribution of the Goods to the Australian Taxation Office and/or Good360 promptly upon request.
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 authorisation.
You agree to adhere to a non-discrimination policy in accordance with applicable state, territory and/or federal law.
3. No Warranty
You understand and agree that any Goods You may receive via Good360 will be received by You in as-is condition and that Good360 makes no warranty, covenant or representation, expressed or implied, regarding the Goods, including without limitation, their design or condition or fitness for any particular purpose. Good360 shall not be liable for any direct or consequential damages or losses suffered or incurred by You or a third party as a result of the use or consumption of the Goods.
4. Order
Good360 orders are final and cannot be returned or exchanged.
Nothing in this Agreement requires Good360 to supply You with the Goods. Good360 may vary or cancel Your request for Goods by written notice at any time prior to dispatch of the Goods. Good360 reserves the right 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. In the event we reject Your request or limit the quantities, we will inform You.
You acknowledge that specific limitations or eligibility requirements may apply to certain Goods and may affect Your ability to order these Goods. For example, Goods may be restricted by quantities, geographic limits or Your cause/service area and planned use for the Goods. Good360 may ask You additional questions to determine Your eligibility to receive these Goods as needed.
You understand and agree that Good360 reserves the right at any time, in its good faith discretion, to:
rescind or modify these terms and conditions;
forbid You from receiving further donations from Good360 or from making further disposition of any remaining Goods;
require You to immediately return any Goods remaining in Your possession or control; and/or
take any additional action Good360 determines appropriate, including terminating Your Good360 membership.
If You fail to take any action required under clause 4.4 within 14 days of a written request by Good360, then You authorise Good360 to do so on your behalf, at Your cost, and for this purpose, You hereby irrevocably authorise Good360 or its agents to enter onto your premises for the purposes of taking possession or control of the Goods.
5. Shipping & Handling
Where relevant, You may choose to have Your Goods delivered to You with a Delivery Fee 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.
Good360 does not take any responsibility for items that are damaged after they have been picked up from Good360’s warehouse.
You acknowledge that, unless otherwise notified to you by Good360, we will charge:
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 (HandlingFee); and/or
a delivery/shipping fee based on the dimensions and weight of the selected Goods for delivery to door service (DeliveryFee).
Your fees will either be calculated during checkout for online orders or advised in writing in advance by Good360 for non-online or custom orders (for example, truckload or direct from donor orders).
In relation to Good360’s Click & Collect service, You agree:
to collect Your order from the location You selected when You requested the Goods;
that You may be asked for photographic identification when You collect Your Click & Collect order;
that You must provide a copy of the invoice issued by Good360 when You collect Your Click & Collect order; and
to any other such requirements that are set out on our website when You select the Click & Collection option.
Click & Collect orders should be collected within 5 business days of placing Your order during Good360’s business hours. If the Goods are not collected within the agreed period, Your order will be cancelled and Good360 has the right to re-list those Goods on our catalogue for other participating organisations once the order is cancelled. You acknowledge that the Handling Fee and/or Delivery Fee will not be refunded if You fail to pick up Your goods within the required timeframe.
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 $60 to cover Good360’s costs in addition to any extra Handling Fee or Delivery Fee applicable.
Good360 reserves the right to change or discontinue the terms and conditions of the delivery and Click & Collect service at any time without notice.
Good360 reserves the right to change the Handling Fee, Delivery Fee or any other administration fees at any time.
6. Store Credit
Store credit can be purchased and used for Your shipping & handling. Store credit can only be used with a valid Good360 membership and any excess on Your account on expiry/termination of your membership will not be refunded.
7. Programs
In addition to the availability of Goods through Good360’s website catalogue (https://catalog.good360.org.au/), Good360 makes available programs under which certain Good360 members:
can obtain Goods directly from a Good360 donor (for example, via local store pickup or truckload delivery directly from donor to member); and/or
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)
In order to participate in a Program, You must obtain Good360’s approval, which may be withheld or granted at Good360’s discretion.
Good360 reserves the right to at any time in its sole discretion to:
terminate or modify any Program and add additional Programs;
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
terminate or suspend Your participation in any Program.
Participation in a Program is subject to the terms and conditions of this Agreement.
8. Indemnities
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.
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 willful 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.
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.
9. Communications
You agree to make no mention of Good360, its donation programs, or its donors without the express consent of all parties. Participating organisations are welcome and encouraged to publicise the positive impact of the donations they receive through Good360. However, as a courtesy and for legal reasons, we request that You coordinate all press statements that mention Good360, its donation programs or its donors, through our press office (contact@good360.org.au), which will respond within 48 business hours to any and all inquiries. Press statements include, but are not limited to: Press releases, Media advisories, Interviews, Blogs, Webcasts.
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.
11. General
No Merger:All of Your obligations set out in this Agreement (including any indemnities and/or releases You provide under this Agreement, and restrictions on the use of Goods set out in this Agreement) shall continue to apply even if Your membership expires or terminates.
Headings: Headings do not affect the interpretation of this document.
Amendment:Good360 periodically reviews and updates these terms and conditions and reserves the right to do so at any time. If we decide to change these terms and conditions, we will post those changes to our website. Such changes will be effective when posted on our website. We may also, in our sole discretion, notify You of such changes via email to Your email address that we have in our records. By continuing to access or use our websites (www.good360.org.au and https://catalog.good360.org.au) under Your membership after those changes become effective, You agree to be bound by the terms and conditions as modified by Good360 at any time.
Construction: Unless expressed to the contrary, in this Agreement:
words in the singular include the plural and visa versa;
if a word or phrase is defined its other grammatical forms have corresponding meanings;
includes means includes without limitation
a reference to:
a person includes that person’s legal personal representatives, successors, assigns and persons substituted by novation;
any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
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;
time is to local time in New South Wales;
‘$’ or ‘dollars’ is a reference to Australian currency;
This or any other document includes the document as novated, varied or replaced despite any change in the identity of the parties.
Last Updated:6 May 2019
