Terms of Use

Effective from 17 March 2014

    1. Application
      The terms and conditions set out below (these terms) apply between Grant Ready Pty Ltd ACN 117 653 317 (we, us or our) and the person or company to whom we have agreed to provide certain services and materials in accordance with these terms (you or your).These terms govern your use of the online services that we supply to you (the Services) and the information, software, technology, ideas, algorithms, data, databases, documentation, training materials, templates, documents and other content that we make available to you via the Services (the Materials).By using the Services or Materials (together, GrantGuru), you acknowledge that you have read and understood these terms and you agree to be bound by all of them. If you don’t agree to these terms, then:

        • you must not use the Services or Materials; and
        • if you have already started using the Services or Materials, you must immediately stop using them and must delete all copies of the Materials (in any form, whether printed or electronic) that are within your possession or control.
    1. Subscription
      Your access to GrantGuru is supplied as a subscription (the Subscription). GrantGuru is made available as an monthly subscription (each a Subscription Period) and the scope of Materials and Services made available to you will depend on the subscription level (the Subscription Level) you chose when you submitted your order for GrantGuru (Order).At the end of each Subscription Period, your Subscription will automatically renew for an additional Subscription Period unless terminated by either party by written notice to the other at least 30 days before the expiry of the then current Subscription Period.
    1. Fees
      During each Subscription Period, you will need to pay all fees applicable to the Subscription Level you chose (the Fees) promptly and in accordance with these terms.  Unless we have permitted you to select different payment terms in your Order, all Fees are payable monthly in advance.Except as expressly stated in these terms, and subject to the Statutory Rights referred to in clause 20, the Fees are not refundable. We may alter the Fees payable, in our discretion, by giving you at least 30 days’ prior written notice.
    1. GST
      The Fees are inclusive of GST.  If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the products or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment. In relation to any GST paid by a party under these terms, including any adjustment, the payee will provide the payor with a tax invoice.In these terms, “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of products or services under these terms.
    1. Licence
      Subject to you paying the Fees and strictly complying with these terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use GrantGuru during the Subscription Period solely for your own personal or internal business use in identifying, preparing, lodging and managing grant applications for you or your organisation.  Unless we expressly permitted you to specify a different territory in your Order, you are licensed to use GrantGuru in Australia only.
    1. Independent Advice
      The Materials made available to you through GrantGuru are guides only and are general in nature.    We do not warrant or represent that you will be eligible for (or will receive) any particular grant.  You assume all responsibility and risk for the use of GrantGuru. You are responsible for making your own assessment of the suitability of particular grants, grant writers, draft grants and other Materials for your purposes.  Any decisions that you make based on the Materials are your sole responsibility, and in exchange for using GrantGuru you agree to indemnify hold us harmless against any claims for damages arising from such decisions.We recommend that you obtain independent legal, accounting, taxation and other professional advice in relation to particular grants before applying for them.We may provide you with contact details for, and referrals to, a number of professional grant writers who you can engage to assist with preparing and submitting grants (Grant Writers).  Where you engage a Grant Writer, this is an independent contract between you and the Grant Writer. GrantGuru does not endorse or approve any particular Grant Writer, and makes no representations, warranties or guarantees relating to the work product or performance of any Grant Writer.
    1. GrantGuru Partners
      We may appoint and promote one or more independent authorised affiliates and resellers (each a GrantGuru Partner), who we permit to market and resell GrantGuru to selected clients of the GrantGuru Partner.  Where you have obtained access to GrantGuru through a GrantGuru Partner, you acknowledge and agree that the GrantGuru Partner:

        • is an independent contractor, and is not our employee, partner, agent or representative;
        • may receive a commission from us for facilitating and managing your Subscription;
        • may view and manage your GrantGuru account on your behalf, and contact you in relation to your Subscription;
        • may pay the Fees on your behalf, if you have agreed that the GrantGuru Partner can do this; and
        • may impose additional terms relating to your access to and use of GrantGuru (such terms to be consistent with these terms).

      Where a GrantGuru Partner pays the Fees on your behalf, unless otherwise agreed in writing by the relevant GrantGuru Partner, you must pay that amount to the GrantGuru Partner in accordance with the GrantGuru Partner’s payment terms.

    1. Intellectual Property and Restrictions
      All intellectual property rights in GrantGuru are and remain our exclusive property (or that of our third party suppliers, as the case may be).  You must not access, copy, store or otherwise use GrantGuru in any manner or for any purpose not expressly permitted under these terms or with our prior written consent in each instance.  When using GrantGuru, you must comply with the law including, without limitation, copyright laws.  Without limiting the preceding sentences, you must not (and must not allow any other person to):

        • use or attempt to use GrantGuru for any unlawful purpose or in a way that breaches another person’s rights, including copyright or other intellectual property rights;
        • use or attempt to use GrantGuru in any way which in our reasonable opinion may damage, interfere or interrupt any part of GrantGuru or our networks, data, equipment or facilities;
        • lease, lend, host or otherwise offer any part of GrantGuru for any timesharing, service bureau, application service provider, software as a service or similar purpose;
        • use any part of GrantGuru to or for the benefit of any other person;
        • sell, rent, lend or otherwise make available any part of GrantGuru to any other person, in any form or by any means;
        • reverse engineer, decompile, disassemble or otherwise attempt to gain unauthorised access to, the source code of any part of GrantGuru;
        • access any part of GrantGuru through automated means;
        • systematically download any Materials, including through the use of website crawling or data mining software;
        • convert Material into an electronic format other than the one in which it was supplied;
        • download or store copies of the Materials for use in an archival database or other searchable database;
        • modify or make any alterations, additions or amendments to the Materials or create derivative works from any part of GrantGuru;
        • combine the whole or any part of the data available on GrantGuru with any other software, data, material or service;
        • disclose, publish, distribute or otherwise make available the Materials or any other part of GrantGuru to any other person;
        • remove, alter, circumvent or tamper with any trade marks, copyright notices, security measures, copyright protection mechanisms, disclaimers or other legal notices that we have applied or imposed in relation to GrantGuru; or
        • otherwise infringe any intellectual property rights subsisting in GrantGuru.
    1. Security
      You may only access GrantGuru using the username and password that we have provided to you (or, if we permit you to modify your username or password, any replacement login details that you have saved for use with GrantGuru).  You must not share or disclose your username or password to any other person, you must keep your username and password confidential, and you will be responsible for the acts and omissions of any person using your username and password as if they were your acts or omissions.If you are accessing GrantGuru as an employee, contractor or agent of a person who has subscribed to GrantGuru, you may only use GrantGuru for and on behalf of (and for the sole benefit of) that person.  As soon as your employment, contract or agency ends, you must immediately stop using the Services and Materials and must delete all copies of the Materials (in any form, whether printed or electronic) that are within your possession or control.You must notify us immediately if you suspect that the security of your username or password has been compromised or if you become aware that GrantGuru is being used in an unauthorised manner.
    1. System Requirements
      GrantGuru requires an Internet connection and a compatible Internet browser in order to function properly. We may make certain Materials available to you in particular file formats (eg. Adobe PDF, Microsoft Word, Microsoft Excel, Microsoft PowerPoint), and you’ll need a compatible file reader to view (and, if applicable, edit) these files.  You are responsible for any Internet connection and data usage charges you incur in accessing or using GrantGuru.The performance of GrantGuru will depend on a number of factors, including the quality and reliability of your Internet connection and the combination of hardware and software you use to access GrantGuru. You must check and confirm that your Internet connection, hardware and software are suitable for use with GrantGuru before submitting your Order.Because GrantGuru is made available to you over the Internet, we recommend that you protect your computer system with suitable firewall and antivirus software. We do not guarantee that you will not be exposed to computer viruses and other forms of interference as a result of accessing or using GrantGuru.
    1. Suspension and Modification
      We may suspend, modify or discontinue any or all aspects of GrantGuru (including adding and removing Materials and features) for any reason, at any time in our sole discretion and without prior notice to you.  We may suspend access to GrantGuru, in whole or in part, until further notice, with immediate effect:

        • to periodically maintain or improve GrantGuru and any related systems;
        • to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
        • if we believe that GrantGuru is being used in such a way as may constitute a breach of any provision of these terms; or
        • if you fail to pay all or part of any Fees by the due date.

      We will try to provide you with reasonable notice of such suspension.  Although we will endeavour to minimise disruptions to GrantGuru, unscheduled outages may occur from time to time.

    1. Cancellation
      This clause 12 is to be read subject to the Statutory Rights referred to in clause 20.  You can cancel your Subscription via the GrantGuru user interface or by notifying us in writing, with at least seven days’ notice prior to the commencement of the subsequent subscription period.  Refunds for pre-paid fees will not apply to the cancellation except at our discretion and unless notified in writing.We can immediately cancel your Subscription at any time by giving you written notice for any reason (eg. if there are changes in law or circumstance relating to the ongoing availability of GrantGuru).  If we do that, we will refund to you, on a pro-rata basis, any part of the Fee that you have already paid that relates to the unused portion of the current Subscription Period.
    1. Audit
      You authorise us, our officers, employees, agents and independent contractors to enter any premises which you occupy at any time and from time to time during any Subscription Period without notice during business hours to verify that your use of GrantGuru is consistent with these terms. You agree to co-operate with us in order to facilitate the verification process by affording access to your computer systems for this purpose. You indemnify us from all liability arising out of anything lawfully done by or on behalf of us in pursuance of our rights under this clause 13.
    1. Indemnity
      To the maximum extent permitted by law, you indemnify us and our officers, employees, agents, GrantGuru Partners, affiliates, resellers, partners and suppliers against all loss, liability, cost claim or demand (including claims by third parties) arising out of or in connection with your use of GrantGuru or the Partner Materials, or your breach of these terms. This indemnity includes legal costs on an indemnity basis and any GST payable by us in relation to this indemnity.
    1. Termination
      Without prejudice to any other right at law, we may terminate your Subscription by giving written notice if you have failed to remedy a material breach of any of these terms within 14 days of being given written notice of the breach. Instead of terminating, we may choose to suspend your Subscription until we are reasonably satisfied that you have remedied the breach.We can terminate your Subscription for any reason, or no reason at all, by giving you 30 days’ prior written notice.
    1. Consequences of Suspension, Termination and Expiry
      On the suspension, termination or expiry of your Subscription pursuant to these terms:

        • we will disable your access to GrantGuru and any personalised data, lists settings etc. that you have created in GrantGuru will no longer be available; and
        • you must promptly return or destroy (at our direction) any Materials in your possession or control.

      If we have suspended your Subscription for failure to pay all or part of the Fees by the due date, we may, at our sole discretion, resume your access to GrantGuru for the remainder of your current Subscription Period, provided you pay in full all Fees outstanding in relation to your Subscription.

    1. Injunctive Relief
      You acknowledge and agree that there is no adequate remedy at law for a breach of clauses 8 or 9, that such a breach would irreparably harm us.  In the case of such breach, you agree that in addition to any other remedies available to us under these terms or at law, we are entitled to obtain temporary or permanent injunctive relief from any court of competent jurisdiction immediately upon request (and without the need to post a bond or security).
    1. Your Content
      Where GrantGuru allows you to upload, store or send any documents, data, content or communications using GrantGuru (Your Content), you acknowledge and agree:

        • that you are solely responsible for Your Content;
        • that Your Content must be owned or validly licensed by you, or otherwise be in the public domain;
        • not to upload to, distribute through, or otherwise publish through GrantGuru any content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party (including intellectual property rights and rights relating to confidential information), or that would otherwise give rise to liability, or violates any law;
        • that you must separately back up Your Content independently of GrantGuru; and
        • that we may use Your Content to supply GrantGuru to you.

      By uploading Your Content to GrantGuru, you grant us a perpetual, royalty-free, non-exclusive right and licence to use, reproduce and modify Your Content for the purpose of supplying GrantGuru to you.

      We will not otherwise monitor, edit, or disclose Your Content unless you have asked us to do so, we are required in the course of normal maintenance of GrantGuru and our systems or we are required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us; (b) protect and defend our rights or property; or (c) act in an emergency to protect the personal safety of our users or the public.

    1. Hyperlinks
      GrantGuru may contain hyperlinks and URLs to Internet sites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website. We provide these links to you as a convenience only, and the inclusion of any link does not imply our sponsorship or endorsement of the linked website, or approval of any material on the website. Subject to the Statutory Rights referred t