Terms and conditions

Terms and Conditions

Giving Day website Terms and Conditions

1. Your use of this website and any products or services offered and supplied by this website (the Services) is subject to these terms and conditions.

2. In these terms and conditions:

  • (i) Consequential damages means any loss of profits, loss of opportunity, loss of reputation, loss of goodwill, loss of revenue or loss of contract value.
  • (ii) Content means any content including videos, audio clips, text, software, pictures and other features and information which QUT has made available as part of the Services including content you have uploaded to the Site.
  • (iii) Project means any project approved by Queensland University of Technology (QUT) and posted on the website.
  • (iv) Site means the Giving Day website.
  • (v) Sponsor means any organisation or individual contribution financially to a Project.
  • (vi) Website means the QUT Giving Day website.

3. By using this site you agree to be bound by these terms and conditions.

4. You warrant that by using this website you are over 18 years of age.

5. QUT reserves the right to:

  • (i)refuse the Services to anyone at any time without notice or for any reason;
  • (ii)change its eligibility criteria at any time without notice and for any reason.

6. QUT reserves the right to alter or change these terms and conditions at any time.

7. QUT reserves the right to change, suspend or discontinue the Services at any time.

8. QUT may limit or restrict your access to the Services without notice or liability.

9. When accessing the Website or using the Services you are prohibited from:

  • (i)Infringing any patent, copyright, trade mark, moral right;
  • (ii)violating any law or contractual duty;
  • (iii)engage in misleading conduct or publish knowingly false or inaccurate information;
  • (iv)send spam, junk mail or advertising not authorised by QUT, viruses, trojans, worms, logic bombs or other malicious or technologically harmful electronic communication or communication that any person or entity.

10. You agree not to:

  • (i)impose or create an unreasonably large load on the electronic systems of QUT or those of the Website host, Sponsorcraft Pty Ltd;
  • (ii)interfere with or disrupt the Services including but not limited to denial-of-service or distributed denial-of-service attacks;
  • (iii)access the Services other than by the QUT interface hosted by Sponsorcraft Pty Ltd.
  • (iv)access the Services by any automated means such as web-crawlers or the use of scripts;
  • (v)run any form of spam or auto-responder to the Services.

11. QUT does not guarantee that the content will be made available on or through the Services.

12. QUT reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time without notice.

13. You are responsible for configuring your information technology, computer programs and platform in order to access the site.

14. QUT reserves the right to refuse or cancel any registration for use of the Site.

15. The Site contains links to other sites. QUT is not responsible or liable for the content of other websites and you use them at your own risk.

16. You acknowledge that all Content you access through use of the Services is the sole responsibility of the person from whom the content originated.

17. You agree to indemnify QUT for any claim, action, proceeding or legal costs for any claim by a third party in respect of Content you upload to the Site.

18. QUT grants you a personal, worldwide, royalty free, non-assignable licence to use the Content provided to you by QUT as part of the Services.

19. Use, reproduction, modification, distribution or storage of any part of the Services other than for personal, non-commercial use is expressly prohibited without prior permission of QUT.

20. You must not copy, modify, create a derivative work, reverse engineer or attempt to extract the source code of the Services or the Site.

21. You retain copyright in the Content you upload.

22. By uploading Content you grant QUT a perpetual, irrevocable, worldwide, royalty free licence to reproduce, adapt, modify, publish or display the Content.

23. You must not reproduce QUT’s logo without express permission.

24. QUT may terminate or restrict access to your account at any time without notice.

25. You may cancel your account at any time upon request to QUT

26. QUT, its directors, employees and agents disclaim all warranties, whether express or implied, regarding the Site, the Services or Content and do not warrant:

  • (i)The Site or any content on it will be free from errors of omissions;
  • (ii)The Services will be secure or available at any particular time or location;
  • (iii)The Content is accurate or up to date;
  • (iv)That any defects or errors will be corrected;
  • (v)Any Content or Software is free from viruses or other malware.

27. You acknowledge your use of the Site is at your own risk.

28. You agree to indemnify QUT and its officers, employees and agents (Indemnified Parties) from and against any Claim which any of the Indemnified Parties pays, suffers, incurs or is liable for arising out of or in connection with:

  • (i)any breach of this Agreement by you;
  • (ii)the death or personal injury of any person to the extent caused or contributed to by you;
  • (iii)loss of, or damage to, any property to the extent caused or contributed to by any act or omission by you;
  • (iv)any breach of Law by you;
  • (v)any infringement, or alleged infringement, of a third party’s rights (including Intellectual Property Rights); and
  • (vi)any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by you.

29. To the maximum extent permitted by law, QUT’s maximum aggregate liability in connection with these Terms and Conditions the amount of the fees payable under these Terms and Conditions.

30. Neither party shall be liable to the other party for consequential losses arising in connection with these Terms and Conditions whether arising under contract, tort or otherwise.

31. By using these Services you consent to receiving from QUT all notices, agreements and other information electronically.

32. These Terms and Conditions are governed by the laws of Queensland and you consent to the exclusive jurisdiction of the courts of Queensland in respect of any dispute arising between you and QUT.

33. These Terms and Conditions represent the entire agreement between you and QUT.

34. No waiver is effective unless it is in writing and signed by the party granting it.

35. Clauses 9, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 26, 28, 29, 30, 32 and 33 survive termination or conclusion of these Terms and Conditions.

Competition Terms and Conditions - QUT Giving Day Ambassador Prizes

Participating in this Competition constitutes an acceptance of these Terms and Conditions.

1. To be eligible to enter this Competition, a participant must: (a) be a QUT Giving Day Ambassador by signing in through the platform https://qutgivingday.com/ambassador and (b) be an Australian resident.

2. The prizes will be allocated as follows: first prize for most dollars referred (see point #4 below), second prize for most clicks (see point #5 below), third prize for the participant with the highest number of social media posts tagged #QUTGivingDay on Instagram, Facebook, Twitter or LinkedIn (see point #6 below), and fourth prize to be eligible, the participant must publish a post on Instagram, Facebook, Twitter or LinkedIn stating “I support #QUTGivingDay because …”. Accounts must be public to be eligible (see point #7 below).

3. Awarding of the first prize will be determined via the ‘Referred ($)’ column on the ‘Ambassador Leaderboard’ which is accessible via login at https://qutgivingday.com/ambassador

4. Awarding of the second prize will be determined via the ‘Clicks’ column on the ‘Ambassador Leaderboard’ which is accessible via login at https://qutgivingday.com/ambassador Those that participate in click fraud – using temporary accounts or soliciting friends to click multiple times – will be deemed ineligible.

5. Awarding of the third prize will be at the discretion of the QUT Development Officer, Annual Giving.

Awarding of the fourth prize will be at the discretion of the QUT Development Officer, Annual Giving.

6. The first prize, ‘Apple iPad 8th gen’ will be distributed as one x Apple iPad 10.2 Inch Wi-Fi 64GB – Space Grey valued at $499

7. The second prize winner will receive one night accommodation in a Deluxe Room at Hilton Brisbane and buffet breakfast for two guests valued at $339, distributed as 1 x gift certificate valid for six months.

8. The third prize winner will receive one pair of ‘Desmond & Dempsey pyjamas’ distributed as 1 x £150 electronic gift card.

9. The fourth prize winner will receive a ‘$200 Biome gift card’ distributed as: 1 x $200 electronic gift card.

10. Employees of QUT Advancement and agencies associated with this competition are ineligible to enter.

11.Only one (1) entry/account will be accepted per person. An entrant may not submit multiple entries/accounts.

12. Incomplete, indecipherable or illegible entries will be deemed invalid. No responsibility is accepted for late, lost or misdirected entries.

13. QUT Advancement will determine the winners no later than 2 June 2022.

If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

14.The Promoter will use reasonable endeavours to contact the prize winners via the phone number and e-mail address supplied by entrants on the QUT Giving Day site, within 72 hours of the determination. If the contact details supplied are recorded incorrectly, the Promoter does not accept responsibility for the inability to make contact with a winner and another winner will be selected and notified as set out in these Terms and Conditions.

15.If a winner does not claim their prize within one calendar month of notification, another prize winner will be determined.

16.The prizes are not transferable, refundable, exchangeable and cannot be taken for cash.

17. If the prizes are unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the prizes with a prize to the equal value and/or specification.

18.The Promoter's decision as to the winners of a prize is final and binding and no correspondence will be entered into in relation to the conduct of the Competition or otherwise.

19.The Promoter reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

20. If the use of the Prize is subject to the terms and conditions of a third party (including validity period), any dispute in relation to those terms and conditions must be directed to that party and the Promoter has no responsibility for resolving such disputes.

21.The Promoter is not obliged to publish the results of the Competition. Unless otherwise advised by the participant, by entering this Competition, participants agree to the Promoter publishing their name and image as a winner.

22.If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by the law to (a) disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.

23. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition, including but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

24. Each entrant indemnifies and keeps indemnified the Promoter against all claims, losses or damages and expenses suffered by the Promoter or any third parties arising out of the breach of these Terms and Conditions, the conduct of the entrant in the Competition of the use of the prize.

25. Under the Information Privacy Act 2009[KH2], the Promoter must tell entrants when it collects personal information about them and how it plans to use it. If an entrant chooses to enter or take part in this Competition, the entrant may be required to provide the Promoter with personal information such as the entrant's name, postcode, email address, mobile phone number. The Promoter will collect and use the entrant's personal information in order to (a) conduct the Competition; and (b) for future promotional, marketing and publicity purposes of QUT Advancement without any further reference, payment or other compensation to the entrant. A request to access, update or correct any information should be directed to the Promoter. If an entrant would prefer that the Promoter does not use the entrant's details in the way outlined in the Terms and Conditions, the entrant should contact the Promoter.

26. The "Promoter" is Queensland University of Technology, 2 George Street, Brisbane, QLD, 4001. ABN 83 791 724 622.