DV Collective Portal Terms and Conditions
PART 1: GENERAL
1 General
1.1 The DV Collective portal (“Portal”) is owned and operated by The DV Collective Limited (ABN 83 664 392 189) ("DV Collective", "we" or "us").
1.2 "You" or "your" means a user of the Portal.
1.3 Your access to this Portal is subject to these terms (“Terms of Use”). By using this Portal, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, please do not use this Portal.
1.4 DV Collective may alter these Terms of Use from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms which apply at that time. Your continued use of this Portal following those changes indicates your acceptance of those changes.
1.5 Your use of this Portal does not create a client or professional services relationship between you and DV Collective.
2 Purpose
2.1 All funding applications and funding requests to DV Collective and DV Collective’s third party sponsors (“Funding Application”) will be accessed and processed by DV Collective through the Portal.
2.2 DV Collective reserves the right to approve or reject Funding Applications at its sole discretion. DV Collective does not guarantee that any Funding Applications accessed or processed on the Portal will be successful. Neither DV Collective or any partner or sponsor has any obligation to provide funding to you or to respond to Funding Applications.
3 Registration
3.1 You will need to register with us in order to access the Portal. In this case, we will issue you with a user name and password, or other appropriate log-in details for your account. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of the Portal by anyone using your log-in details.
4 Ownership of the Portal
4.1 All the intellectual property rights in and to the Portal, belong to us and our licensors. We may update and change the materials available on the Portal, including by removing materials, at any time in our discretion.
4.2 You may download or print sections of the Portal if needed for your own personal use, but otherwise you may not reproduce any part of the Portal without our express prior consent. To the extent that our Portal contains functionality that allows you to access or download specific materials through our Portal, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
5 Material that you submit to us
5.1 If you upload content on this Portal (including project proposals or reports related to your Funding Application) (“Material”):
(a) you remain the owner of your Material;
(b) you grant us a licence to use the Material for the purpose of reviewing your Funding Application and for our internal business purpose; and
(c) you acknowledge that we may also share your Material with our partners and sponsors for the purpose of reviewing your Funding Application.
5.2 By submitting Material to our Portal, you warrant that:
(a) subject to 5.2(c), the Material is free of sensitive personal information;
(b) you have obtained the necessary consents to share the information with us; and
(c) the Material does not include anything that is illegal or breaches the intellectual property, privacy or other rights of any other person.
6 Collection of information and privacy
6.1 As part of the Funding Application, DV Collective will require you to complete an electronic form on the Portal and in doing so may require you to provide personal information. Where applicable, we may request your consent for certain processing activities (eg. to receive marketing or promotional materials).
6.2 DV Collective will collect, store, use and disclose personal information or personal data, as the case may be, in accordance with the Privacy Act 1988 (Cth).
6.3 DV Collective may use “cookies” to make a record of your visit to this Portal and log your visit for statistical and business purposes. Such information may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous website visited and the type of browser used.
6.4 DV Collective may store your Funding Application and the Materials for as long as reasonably practicable, for its internal auditing and record keeping purposes.
7 Confidentiality
7.1 We may share confidential or business-sensitive information with you during your use of the Portal. You agree to keep any confidential information we share with you confidential and seek our prior written approval before any disclosure.
7.2 We will use all reasonable endeavours to keep the Materials and information you submit to us confidential.
8 Restrictions on use
8.1 Without limiting any other provision of these terms, you agree that you will not (and you agree not to allow any other individual or entity using your User ID to):
(a) download, modify or reverse engineer any part of the Portal;
(b) use any robot, spider, site search or other device to retrieve or index any part of the Portal;
(c) create user accounts under fraudulent or false pretences;
(d) create or transmit to any other uses of the Portal any unsolicited electronic communications, or otherwise interfere with other users’ enjoyment of the Portal
(e) use the Portal to violate the security of or gain unauthorised access to any computer or computer network or other device or system;
(f) use the Portal to violate any applicable laws or regulations; or
(g) transmit or upload to the Portal any item containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Portal or any other website, or any other computer or device or system, or the enjoyment of the Portal by others.
9 Linked/third party websites
9.1 The Portal may contain links to third party websites. These websites are not under the control of DV Collective and we are not responsible for the condition, the content or currency of any linked websites.
9.2 Links to third party websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by DV Collective of the websites or the products or services provided in them. Nor does DV Collective endorse, approve or recommend the owners or operators of the linked websites.
10 Limitation of Liability
10.1 While we will use reasonable care and skill in operating the Portal, we cannot promise that the Portal will always be avaliable or completely free of faults or errors.
10.2 To the maximum extent permitted by law:
(a) this Portal is provided on an 'as is' basis and DV Collective does not warrant, guarantee or make any representation regarding the result of your Funding Application or your use of the Portal or any linked websites or applications; and
(b) we exclude all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Portal.
10.3 To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through the Portal, we limit our liability for a breach to the re-supply of those goods or services, or payment for such re-supply.
11 Publicity
You must not use DV Collective’s logo, trade marks, trade names and brand names (“Branding”) or the Branding of any of our partners or sponsors in any material without our prior written approval.
12 Termination and Suspension
DV Collective reserves the right, without notice and in its sole discretion, to discontinue, terminate or suspend any service offered through or by this Portal, or your access to this Portal, at any time.
13 Governing Law
The Portal’s server is hosted by Squarespace. These Terms of Use are governed by the law applicable in the State of Victoria, Australia.
Membership Agreement
In order to become a member of the DV Collective, you will need to download and sign the following membership agreement, and then reupload the agreement here.