The Complete Guide to Australia’s Private and Public Ancillary Funds™
Terms and Conditions
By logging in you agree to abide your employer’s contract with AskRIGHT regarding the Complete Guide to Australia’s Private and Public Ancillary FundsTM, which includes the following:
The Complete Guide to Australia’s Private and Public Ancillary Funds™ (The Guide) is a project of AskRIGHT Pty Ltd ABN 59 107 169 942 (AskRIGHT).
Subject to payment of the Licence Fee, AskRIGHT grants to the organisation (Organisation) a personal, non-exclusive, non-transferable licence to allow approved individuals of the Organisation (Nominated User) only to use The Guide, its contents and any updates which may be provided to the Organisation by or on behalf of AskRIGHT from time to time solely for the purpose of identifying potential funding sources for the Organisation’s charitable activities (Approved Purpose) on the terms of this Licence Agreement.
In consideration of the grant of the licence under this agreement, the Organisation must pay the Licence Fee to AskRIGHT within thirty (30) days of the date of the invoice for the Licence Fee issued by AskRIGHT to the Organisation.
The Complete Guide to Australia’s Private and Public Ancillary Funds™ is a continuing project. AskRIGHT may (but is not obliged to) update the information in The Guide from time to time.
The Organisation acknowledges and agrees that title to and ownership of all intellectual property (including copyright) in The Guide, its contents and any updates which may be provided to the Organisation is vested in AskRIGHT. Nothing in this agreement is intended to vest any intellectual property rights in any material in the Organisation.
The Organisation also acknowledges and agrees that the information contained in The Guide (and in any updates) 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.
The initial term of the licence begins on the date this agreement is signed by the Organisation and ends twelve (12) months from this date unless earlier terminated by AskRIGHT in accordance with this agreement. Online access to The Guide will be granted by AskRIGHT to nominated user/s following payment of the Licence Fee. The licence will be automatically renewed for a period of twelve (12) months on each anniversary of the date of signing of this licence agreement unless terminated earlier or either party gives notice to the other party thirty (30) days prior to this date that it does not wish to renew the licence for a further term of twelve (12) months. In the event the licence is renewed, the Organisation must pay the renewal fee specified in an invoice issued by AskRIGHT plus any applicable GST within thirty (30) days of the date of the invoice issued by AskRIGHT.
AskRIGHT may immediately and without further notice terminate this agreement if the Organisation fails to make any payment under this agreement when due, becomes bankrupt, insolvent or subject to external administration or fails to remedy to the satisfaction of AskRIGHT or any breach of this agreement within seven (7) days' notice of that breach being given to the Organisation by AskRIGHT.
Upon the expiration or termination of this Agreement for any reason the Organisation must:
- immediately cease using The Guide and return to AskRIGHT all materials, specifications and copies of The Guide or any part of The Guide;
- promptly pay all money owing to the licensor whether or not the money would then be due for payment;
- execute all documents and do all things necessary to divest the Organisation of any rights of any nature relating to the guide and the Organisation appoints AskRIGHT as the attorney of the organisation to execute all documents and do all things which are necessary for that purpose.
User licences for The Guide are for use by Nominated Users only and are not to be used as simultaneous user licences. With the approval of AskRIGHT the Organisation can change the Nominated Users because of change in role, change of personnel, or to provide access during a period of annual leave.
The Organisation agrees:
- To use The Guide only for the Approved Purpose;
- To pay all fees and licence fees with the time period specified for doing so on any invoice issued by AskRIGHT;
- To advise AskRIGHT within seven (7) days of any change of Nominated User at the Organisation, or change of contact details for a Nominated User at the Organisation or any actual or suspected misuse or unauthorised disclosure of The Guide, its contents or any update or any infringement or suspected infringement of the intellectual property rights of AskRIGHT by any person;
- NOT to provide access details to other than the Nominated Users;
- NOT to copy or permit to be copied all or any part of The Guide, its contents or any update by any means whether handwritten, electronic or mechanical; except for reasonable single print use by the Organisation;
- To provide any assistance reasonably necessary to AskRIGHT in relation to any legal action that AskRIGHT might take in relation to unauthorised use, disclosure or copying of all or any part of The Guide, its contents or any update or any intellectual property; and
- NOT to disclose, show or lend all or any part of The Guide, its contents or any update to any person other than an officer or employee of the Organisation, or a professional adviser to it, with a need to know that information provided that the Organisation 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 Organisation is required by law to disclose any information contained in The Guide or in any update, the Organisation will give prior notice to AskRIGHT and take all steps reasonably necessary to preserve the confidentiality of the information to the maximum extent practicable.
The Organisation agrees and acknowledges that AskRIGHT has invested significantly in the research and production of The Guide and reserves its 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.
The Organisation indemnifies AskRIGHT against:
- all losses incurred by AskRIGHT;
- all liabilities incurred by AskRIGHT; and
- all costs actually payable by AskRIGHT to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by AskRIGHT in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
arising directly or indirectly as a result of or in connection with:
- the Organisation's use of or reliance upon The Guide; and
- the Organisation's breach of this agreement.
The Organisation may not assign all or any of its rights under this agreement. AskRIGHT may assign all or any of its rights under this agreement.
The law of Queensland governs this agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.