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INFORMATION FOR SUBSCRIBERS OR REGISTRANTS
of Gateway For Giving™ |
Gateway For Giving™ (hereafter written as GFG) is a web-based subscription service offering assistance, information and structured training and organisational development programs to Australian professional advisers and not-for-profit organisations. The service is aimed at Australian professional advisers and not-for-profit organisations, although the information may be of relevance to anyone interested in strategic giving – especially those with a philanthropy vehicle.
GFG has been developed by the company Enrich Australia Pty Ltd ABN: 93 107 571 844 (hereafter written as “Enrich”):
These Terms and Conditions set out the terms on which subscriptions to GFG are issued.
Subscribers will subscribe or register online and access will be by password issued to individual contact people in organisations or issued direct to an individual for personal subscribers. Subscriptions may be purchased for one or more sections of the site.
A full annual subscription to GFG entitles the subscriber to access the site at any time, make full use of the resources and facilities contained in their relevant site section or sections, participate where applicable to the Charitable Planning Information Helpdesk, and to seek assistance by email with specific issues related to the management and operation of their organisation or their work relating to philanthropy and client/donor giving as per and limited by the guidelines and conditions outlined on the Helpdesk below and summarised on the relevant pages on the GFG website.
All potential subscribers and registrants must read, ensure that they understand, and confirm that they accept the terms and conditions for use of the GFG service before they are able to subscribe or register on the GFG. Any misuse of the site or breach of these terms and conditions may result in cancellation of a subscription without refund or cancellation of a registration.
Philanthropy Helpdesk
A subscribing organisation or individual with a full subscription may make a reasonable number of assistance requests to the Philanthropy Helpdesk (hereafter written as “PH”) during the term of an annual subscription. This “reasonable number” will be at the discretion of the Helpdesk mediator in consultation with the subscriber, but a reasonable number will be interpreted as twelve (12) contacts or approximately one (1) hour of support.
All communication using the PH will be by email. GFG staff may offer to make phone contact with a subscriber to follow up on a more complex issue as part of an assistance response and the subscriber has the option of accepting or rejecting this offer. The time allocated to a phone conversation with a member is included in the allocated one hour.
The PH provides general information and tips on client giving strategies only and will not provide technical or legal advice, particularly on Trustee Law. For this, members are requested to consult the Gateway For Giving Reference Paper for general information, and to seek advice from qualified legal sources if specific advice is required
GFG may ask a subscriber to resubmit to the PH, as separate inquiries, any assistance request it has submitted which the GFG administrator has determined to be comprised of a number of unrelated inquiries.
The PH will acknowledge and endeavour to respond to inquiries within 48 hours of the time of receipt of the assistance request. Where more complex research is required, GFG staff will inform the subscriber of such a delay.
Passwords
Passwords are allocated to each individual GFG site user, and organisations with multiple users must nominate an administrator to take responsibility for allocating and updating passwords for individual users and ensuring that only password holders make use of the GFG site and services.
Intellectual property
All content on GFG that is made available to view is owned by or licensed to Enrich Australia, except material posted by subscribers. Subscribers are permitted to print a hard copy of any material from GFG for their personal use or use within their organisation.
No downloaded material may be modified or adapted without the written consent of Enrich Australia. In some cases permission will be given for modification or adaptation provided that the source of the original material is identified on every page of the modified or adapted document.
Enrich Australia cannot and does not grant any permission or authority in respect of the copyright on the material owned by other parties which is used on our site, which is posted to our site by others, or which appears at third-party internet sites. We strongly recommend that you seek written permission from the copyright holders before making use of those materials.
Enrich Australia's privacy policy governs the way GFG may use the subscriber's information. This privacy policy may be viewed on the GFG website and below.
By subscribing to the GFG site, subscribers will automatically receive communications such as e-newsletters, updates and other material from time to time. The option to remove a subscriber's email from this list may be made by contacting the administrator via the contacts details made available on the homepage or on the newsletter registration page.
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| B] ACCEPTANCE OF THE TERMS AND CONDITIONS |
| 1) Use of the Website and Assistance Services |
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Access to the website and entitlement to use of the CPIH is made by initial payment of the relevant subscription and in the case of renewals by an annual subscription payable within four (4) weeks of the due date.
Subscribers may increase their subscription level at any time, but no refunds will be made for cancelled subscriptions or reduced usage levels.
Only password holders may use the GFG site and services and we may refuse to answer inquiries that we believe are not submitted by a legitimate password holder or which fall outside the scope of the Helpdesk service.
Enrich Australia reserves the right to alter the Helpdesk service or change the annual subscription fee from time to time. Any such changes will be advised on the GFG website.
Enrich may wish to update or change these terms and conditions from time to time to reflect changes in the website or its services, changes in the laws affecting the website or its services, or for other reasons. Enrich will notify you of any changes to these terms and conditions. Continued access to the website or use of the assistance services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the website or the assistance services shall be subject to these terms and conditions, as modified from time to time.
All assistance requests submitted through the CPIH service must be submitted using the template on the GFG website. All information set out in each assistance request must be accurate and complete. Enrich reserves the right to request further information prior to submission of a response, but is under no obligation to do so. The timing of the standard CPIH response will take effect from the time this subsequent clarification information is received by the CPIH.
Responses may be delayed where subscribers submit multiple assistance requests in a short period of time.
Once GFG staff determine that a full response has been provided to an inquiry, Enrich reserves the right to refuse to communicate further with the subscriber in relation to that response.
The subscriber agrees not to interfere with the proper working of the GFG website. The subscriber agrees not to do anything that could damage, disable, overburden, or impair the GFG website infrastructure or interfere with any other person's use and enjoyment of the website.
Subscribers must avoid bringing this website into disrepute, avoid any tampering with Enrich's material, and ensure that Enrich's intellectual property rights are protected at all times.
Personal subscriptions may only be used by individuals for their own personal use or for use in the subscriber's sole trader business or registered not-for-profit organisation. For-profit and not-for-profit organisations with staff that have need for multiple subscriptions are invited to contact Enrich to discuss special subscription conditions and rates by emailing
Only those subscribers with a valid charity number or incorporated association registration number issued by the relevant government authority will be allowed to subscribe to the not-for-profit section of GFG.
Only those subscribers with a valid ACN or ABN issued by the relevant government authority will be allowed to subscribe to the Professional Adviser section of GFG. |
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| 2) Provision and Use of Information |
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The information contained in this site is of a general nature only designed for professional advisers and not-for-profit organisations operating within Australia and its territories, as well as donors and/or philanthropists. The information has not been prepared taking into account a particular organisation's or person's situation or needs. Any information or advice given in any context in relation to the GFG website, or any activity of Enrich Australia is of general nature and does not contain or infer financial, legal, or tax advice. Subscribers, registrants and users of the GFG website should seek professional advice which is tailored to their individual needs.
The information provided through the services of GFG by way of direct assistance to subscribers is intended to be general information to assist with common business issues and is not provided in the nature of advice. Subscribers may not use any material on this site for any purpose other than as a source of information for personal or organisational use unless expressly authorised in writing. Subscribers may not reproduce and/or use any material on this site for the purposes of paid or unpaid work with an organisation, group, or person that is not a current subscriber to the GFG website unless authorised in writing by Enrich Australia.
No person should rely on any response to a request for assistance or any other information provided by the GFG without first obtaining advice from an appropriately qualified professional person. Information and responses to inquiries are provided to the subscriber on the basis that:
a) Enrich Australia is not responsible for the results of any actions taken as a result of information contained in responses or otherwise provided by GFG, nor for any error in or omission from such information;
b) Enrich Australia is not engaged in rendering legal, tax, accounting or other professional advice or services; and
c) Enrich Australia expressly disclaims all and any liability to the subscriber and to any other person in respect of anything done or omitted to be done by any person in reliance, whether wholly or partially, directly or indirectly, on information contained in responses or otherwise provided by GFG.
Enrich Australia reserves the right to determine in its absolute discretion what constitutes an appropriate assistance request and to approve an inquiry for response. An assistance request will not be appropriate if the question:
a) requires advice or opinions on a specific client or factual situation;
b) requires legal, financial or other professional advice;
c) calls for a specific recommendation as to a particular course of action;
d) is not a single question.
Subscribers not based in Australia subscribe on the understanding that inquiries that require a working knowledge of their operational environment may not be able to be approved for response.
Enrich Australia makes no representations regarding compliance with laws in any jurisdiction outside the Commonwealth of Australia and it is the responsibility of any subscriber located outside Australia that uses the Helpdesk or information contained on this site to ensure compliance with all laws in its own jurisdiction.
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| 3) Limitation of Liability |
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Enrich Australia is not liable in any way whatsoever to any person or organisation for any loss, damage, liability, cost or expense incurred either directly or indirectly as a result of the material contained on this site or from any unauthorised access to, or misuse of, this site.
To the fullest extent permitted by law, Enrich Australia specifically disclaims all warranties and representations whether express, implied, statutory or otherwise relating in any way whatsoever to its provision of services under these terms and conditions, including, without limitation, any warranty that the services provided by it are fit for a particular purpose. The subscriber acknowledges that it must exercise and rely upon its own skill in determining whether the services provided by GFG meet its particular requirements.
Any liability of Enrich Australia (whether in contract, tort or otherwise) arising under or in relation to the provision of services in accordance with these terms and conditions, including under any term implied into these terms and conditions, will be limited, at the option of Enrich Australia, to either supplying those services again or the reasonable cost of supplying those services again.
Without limiting the effect of any other provision of these terms and conditions, the parties agree that the total liability of Enrich Australia to the subscriber arising in any circumstances whatsoever, whether under these terms and conditions or otherwise, will be limited to the amount of the subscription fee paid by the subscriber.
In no event will Enrich Australia be liable to the subscriber or any other person for any remote, indirect, consequential, special, or incidental damages whatsoever, including without limitation, damages resulting from loss of data, loss of profit or business interruption or damage directly or indirectly caused to computer files through use of the GFG website. This limitation will apply even if Enrich Australia has been advised of the possibility of such damages.
Information contained on this website may be updated, altered or deleted from time to time and Enrich Australia makes no warranty or representation as to the accuracy, reliability, completeness or security of the information contained on this site. Changes in circumstances after the date of publication may impact on the accuracy of the information contained on the website.
Enrich Australia does not warrant that the provision of the GFG site or services or any part of them will be continuous, uninterrupted, or error free. From time to time, the GFG website may not be available due to upgrades or maintenance.
Links to other sites are provided for your convenience only and are not under the control of Enrich Australia. Enrich Australia accepts no responsibility in respect of such sites. Any such links do not constitute or imply an endorsement, approval, or recommendation of any third party website or any other company, product or service, nor any affiliation between Enrich Australia and any other organisation (unless otherwise expressly stated) and no opinion or advice provided on such websites should be taken to be that of Enrich Australia. |
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| 4) Liability of Subscribers and Indemnification of Enrich Australia |
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In the event that information and responses to inquiries provided by the GFG are used by the subscriber in advising its clients, the subscriber uses such information at the subscriber's own risk.
The subscriber indemnifies Enrich Australia fully against any liability, loss, action, proceeding, cost, expense, claim and damages whatsoever (including legal fees) which may arise, directly or indirectly, as a result of:
a) any breach by the subscriber of these terms and conditions whatsoever;
b) reliance by the subscriber on any information (including responses to inquiries) obtained from GFG;
c) reliance by any third party on any assistance or information given by the subscriber, which was derived directly or indirectly from any information (including responses to inquiries) obtained from GFG;
d) the use or distribution by any person of material placed on the site by the subscriber or from the alteration, modification of or addition to material on the site by the subscriber.
Subscribers are fully liable for all materials that they post on this website and must not post any material on this site which is unauthorised, fraudulent, offensive, defamatory, inappropriate, in breach of any law, including any intellectual property law or which contains advertising or promotional materials, and must not, at any time, impersonate any other person. Any opinions or advice posted on the website by third parties are the responsibility of those third parties and Enrich Australia Pty Ltd accepts no responsibility whatsoever.
Each part of the GFG website and all communications from GFG as part of the assistance service provided by GFG ("GFG content") are protected by copyright unless otherwise indicated. Enrich Australia Pty Ltd reserves all rights in respect of the GFG content. The subscriber agrees not to distribute, copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, store on electronic or other media or otherwise deal with the GFG content, including each part of the GFG content, except as permitted in accordance with these terms and conditions or where expressly permitted to do so by Enrich Australia.
Subscribers are responsible for maintaining the confidentiality of their password. Subscribers are responsible for all activities that occur using their password to log in and subscribers must notify Enrich Australia immediately of any unauthorised use of their password. Enrich Australia is not responsible for any loss that a subscriber may incur as a result of any unauthorised person using its password. Enrich Australia reserves the right to audit subscribers for unauthorised use of passwords and/or access to the subscription based content/services. |
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| 5) Confidentiality |
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No information, feedback, questions or comments placed on this site by any person other than Enrich Australia will be confidential, authorised or otherwise endorsed.
Enrich Australia reserves the right to publish in print and electronic format, any questions and answers provided by a subscriber in the course of the assistance service. Before publishing such material Enrich Australia will remove all identifying factors with the aim of preserving confidentiality. |
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| 6) Termination |
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Enrich Australia is entitled to cease providing access to the subscriber and to terminate a subscription by written notice, without prejudice to any other rights it may have against the subscriber, if the subscriber fails to comply with any of these terms and conditions. Where the subscriber is in material breach of these terms and conditions, then access may be ceased and subscription may be terminated immediately. Where the breach is not material and is capable of being remedied, but continues unremedied for 7 days after written notice specifying the breach and requiring remedy is given by Enrich Australia to the subscriber then access may be ceased and subscription may be terminated at the end of that 7 day period.
Enrich Australia is entitled to cease providing access to a subscriber and terminate that subscriber's subscription immediately upon written notice to the subscriber if Enrich Australia reasonably forms the view that the subscriber has permitted any person other than a legitimate password holder to have access to GFG.
Cancellation and refund policies for any service or product will be discussed and drawn up on a case-by-case basis and by negotiation. All statutory rights are reserved. |
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| 7) General |
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The subscriber may not assign, sub-license or otherwise transfer the benefit of a subscription without the prior written consent of Enrich Australia.
Where the subscriber is an organisation, it is responsible for ensuring that all contact people within that organisation who are issued with a password are aware of, and fully comply with, these terms and conditions.
All references in this site to "$" or "dollars" are references to Australian currency unless otherwise stated.
The GFG website is operated and controlled in Australia . These terms and conditions will be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and of the Commonwealth of Australia in respect of any dispute that arises in connection with these terms and conditions. |
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| 8) Members of the Fundraising Institute of Australia |
Enrich supports the Fundraising Institute of Australia 's initiative in introducing Codes of Practice for its members. Hence, any member of the FIA who also becomes a member of the GFG website will be bound by the FIA's Code and will act in accordance with it in all respects in their use of the GFG website.
The FIA Codes of Practice will be available online at the FIA website |
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