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Surge Program Organisations Terms of Use

 

Last Updated: 16 November 2023

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1     General

  1. Community Security Group (VIC) Limited ACN 113 749 769 (CSG) has prepared these Terms of Use in relation to the volunteer surge program operated by Jewish Community Crisis Management (JCCM), a division of CSG, by which CSG facilitates volunteer opportunities between volunteers and certain third-party community organisations that CSG has accepted to participate in the program (Organisations) (Surge Program). 

  2. You are receiving these Terms of Use because you are:

    1. a third-party community organisation that proposes to participate, or already participates, in the Surge Program, as an Organisation; or

    2. a contact person nominated by an Organisation to facilitate its involvement in the Surge Program on their behalf in accordance with these Terms of Use (Representative).

  3. You must read these Terms of Use carefully before you may participate in the Surge Program and be granted access to the Program Website.

  4. By:

    1. applying to participate in the Surge Program as an Organisation; or

    2. by participating in the Surge Program as an Organisation,
      you and your Representatives irrevocably and unconditionally:

    3. acknowledge that you have read and understood these Terms of Use;

    4. accept and agree to be bound by these Terms of Use, in addition to the Terms and Conditions of using the JCCM Website which are set out in full at https://www.jccm.org.au/terms-conditions as they are amended from time to time; and

    5. you agree to procure that each of your Representatives strictly observes all of your obligations and all other obligations expressly in respect of a Representative.

  5. In these Terms of Use, unless the context requires otherwise:

    1. “we,” “our” or “us” means Community Security Group (VIC) Limited (ACN 113 749 769) (CSG) including JCCM, as well as CSG’s directors, officers, employees, agents, contractors and volunteer members (which for the avoidance of doubt is a reference to a volunteer member of CSG, and not a person holding a Volunteer Position with an Organisation pursuant to the Surge Program as set out in further detail below);

    2. “you” and “your” means any person who:

      1. is a user, or proposes to be a user, of the Program Website as an Organisation; or

      2. otherwise engages volunteers, or proposes to engage volunteers, by way of the Surge Program as an Organisation,
        and therefore accepts these Terms of Use;

    3. The “JCCM Website” means https://www.jccm.org.au/, which is inclusive of the Program Website; and

    4. The “Program Website” means https://www.jccm.org.au/volunteer-opportunities, and any other website created and maintained by JCCM in relation to the Surge Program.

  6. These are the current Terms of Use and replace any other terms of use in relation to the Surge Program previously published by CSG.  We may at any time vary the Terms of Use by publishing the amended Terms of Use on the JCCM Website.  By continuing to access or use any material on the Program Website after any such amendment, you confirm your agreement to these Terms of Use, as amended.

  7. Please refer to the CSG Privacy Policy for information about how we may collect, use and disclose your personal information.  It can be viewed at https://www.jccm.org.au/privacy-policy.

 

2     How the Surge Program works

  1. If you propose to participate in the Surge Program as an Organisation, you must register your interest on the Program Website and nominate one or more Representatives, providing their name and contact information (either an email address or telephone number).  We may in our absolute discretion accept or deny your application to participate in the Surge Program as an Organisation (and/or any person you have nominated to be your Representative), and are not obliged to give you our reasons for doing so.

  2. The Program Website enables prospective volunteers to view and access volunteering opportunities that are posted by you and other Organisations (Opportunities).  The Opportunities are displayed on the Program Website to prospective volunteers by way of a marketplace or board (Opportunities Board). 

  3. If a person proposes to participate in the Surge Program as a volunteer by registering their interest on the Program Website or by any other means (Registrant and Registering), they have acknowledged and agreed that we will assess:

    1. their affiliation to the Jewish community, including by consulting one or more personal referees provided that they have given their express consent:

      1. for each personal referee to be contacted for the purpose of conducting their Assessment; and

      2. for CSG to disclose that they are a Registrant;

    2. the authenticity of any identity document provided by them; and

    3. any other matter which in our view is reasonably necessary to assess,
      in order to determine whether to permit them to participate in the Surge Program as a prospective volunteer (the Assessment).

  4. The Assessment is conducted to assess the overall appropriateness of the prospective volunteer’s participation in the Surge Program, which will include baseline security vetting, before permitting the prospective volunteer to initiate contact with you or other Organisations via the Surge Program.  

  5. We may permit the prospective volunteer to participate in the Surge Program only if we are satisfied in respect of each matter assessed in their Assessment (Favourable Assessment Outcome). CSG is not obliged to provide you with any information in connection with a prospective volunteer’s Assessment, including the means by which it conducted their Assessment.

  6. If a prospective volunteer is afforded a Favourable Assessment Outcome, we may grant them a non-transferable licence to access the Opportunities Board on the Program Website. Their license may only be used under the provisions of the Volunteer Terms of Use (which is accessible at this link: https://www.jccm.org.au/surge-terms-volunteers,).  Their licence will enable them to view your Opportunities and the name and contact information of your Representative, and apply for an Opportunity by making contact with you or your Representative (Application and Applicant), which if accepted by you, may result in the Applicant commencing in a volunteer position with you (Volunteering Position).

 

3     CSG is not liable

  1. There are a number of potential hazards associated with you participating in the Surge Program and accepting an Applicant for a Volunteering Position.  These risks include (but are not limited to) physical injury (including death), financial loss and mental harm (including without limitation to you, to the persons involved in and associated to your Organisation including your staff, and to the Applicant) resulting from, without limitation, the Applicant’s participation in your Volunteering Position and its dealings with you.

  2. You acknowledge and agree that: 

    1. the risks of accepting an Applicant into a Volunteering Position are numerous and may be serious, we have warned you of these risks, and you fully understand these warnings;

    2. your participation in the Surge Program is entirely voluntary and you have not been required by us to engage in the Surge Program, post any Opportunities to the Opportunities Board, nor to accept any Applicant for any Volunteering Positions;

    3. you use the Program Website, post Opportunities to the Opportunities Board, and accept any Applicant into a Volunteering Position at your risk;

    4. the maximum extent of our role in administering the Surge Program is to facilitate your access to Applicants via the Opportunities Board;

    5. we exercise no editorial control over the Opportunities you post to the Opportunities Board, and take no responsibility for any material posted to the Opportunities Board.  You take full responsibility for the Opportunities you post to the Opportunities Board, and your use of the Program Website.  However, we may at our absolute discretion:

      1. access or examine any material any Program Website user posts or otherwise electronically transmits to or via the Program Website; and/or

      2. move, remove or disable access to any material in our absolute discretion;

    6. we make no recommendation in relation to the appropriateness of any Applicant or their suitability for your Volunteering Positions or your Organisation;

    7. it is in your absolute discretion as to whether you decide to accept an Application from an Applicant, and it is only the responsibility of you and the Applicant  to determine whether you wish to pursue a Volunteering Position;

    8. your correspondence and dealings with any Applicant, including any dealings between you and the Applicant that you have accepted into a Volunteering Position at your Organisation, are solely between you and that Applicant and at your own risk.  You are responsible for selecting Applicants that are suitable for your Organisation and for meeting all legal and other requirements in relation to the Volunteering Position and your Organisation;

    9. we do not contract with you in relation to any Opportunity or Volunteering Position;

    10. we do not control or administer any Opportunity or Volunteering Position, and are not responsible whatsoever for the actions or conduct of any Applicant you accept into a Volunteering Position; and

    11. you fully assume the risks of liability, loss or harm of any kind in connection with each of your Opportunities, and any Applicant you accept into a Volunteering Position, and your participation in the Surge Program. .

  3. Notwithstanding the Favourable Assessment Outcome in respect of a relevant Applicant, you acknowledge and agree that:

    1. it is your responsibility to inquire into each Applicant to determine whether they are appropriate for your Organisation and Volunteering Positions;

    2. you have no right to access any of the personal information of an Applicant (or anyone else) that we collect in the course of their Assessment;

    3. we make no representation or warranties as to the truth, reliability, fairness, accuracy, completeness or correctness of:

      1. an Applicant’s Favourable Assessment Outcome; or

      2. any matter which we assessed in our Assessment of an Applicant;

    4. we make no representation or warranties in respect of an Applicant (other than that we have afforded the Applicant a Favourable Assessment Outcome), including without limitation as to their skills, interests or capabilities;

    5. we do not assume any obligation to update our Assessment of an Applicant after they have been accepted into the Program Website; and

    6. you rely on the Applicant’s Favourable Assessment Outcome at your risk.

  4. To the maximum extent permitted at law, you acknowledge and agree that we will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business arising out of, or in any way related to:

    1. your use of the Program Website;

    2. the material that you post on the Opportunities Board;

    3. the Applications you receive from Applicants;  

    4. any Applicant you accept into a Volunteering Position;

    5. the modification, interruption, suspension or discontinuation of the Surge Program;

    6. any technical faults which impact on the availability or use of the Surge Program or the Program Website; or

    7. your use of or participation in the Surge Program.

Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.  Nothing in these Terms of Use is intended to or has the effect of restricting, limiting or modifying your rights and remedies under the Australian Consumer Law.

You agree that we will not be liable for any injury, damage, loss, cost or expense (including indirect or consequential loss or damage) arising out of or in connection with your use of the Program Website, the Opportunities you post to the Opportunities Board, any Applications you receive, any of Applicant you accept into a Volunteering Position, or your use of or participation in the Surge Program.

You agree to hold harmless, and not to sue, us in respect of any injury, damage, loss, cost, expense or liability arising out of or in connection with your use of the Program Website, the Opportunities you post on the Opportunities Board, any Applications you receive, any Applicant you accept into a the Volunteering Position, or your use of or participation in the Surge Program, including any indirect or consequential loss or damage.

You expressly acknowledge that the above may be pleaded in bar to any claim, demand, proceeding or action and that it will continue to apply even if you no longer participate in the Surge Program.

 

4     Indemnity

To the maximum extent permitted at law, you agree to indemnify, and keep indemnified, us against any and all liabilities, costs (including legal charges), claims, loss, demands or damages directly or indirectly related to or connected with:

  1. your breach of these Terms of Use;

  2. your use of the Program Website;

  3. an Applicant’s Favourable Assessment Outcome;

  4. the Opportunities you post to the Opportunities Board;

  5. any Applicant you accept into a Volunteering Position;

  6. your use of or participation in the Surge Program.

 

5     Insurance

You warrant and represent to us that you will take out and maintain the appropriate insurances required by law and other insurances which a prudent Organisation may be expected to take out in connection with any of your Opportunities or Volunteering Positions. We take no responsibility whatsoever for whether you maintain any insurances or  the terms of your insurances.  We strongly recommend that you discuss with each Applicant your insurance policies before you accept the Applicant into a Volunteering Position. 

 

6     Privacy and data

  1. To the extent that you or your Representatives furnish any personal information while using the Program Website, including the information referred to in Part 7 of these Terms of Use, we will collect, store, use, disclose, protect and otherwise handle your personal information (and the personal information of others) in accordance with our Privacy Policy and Part 7 of these Terms of Use, which is accessible here: https://www.jccm.org.au/privacy-policy.  Nevertheless, no data transmission over the internet can be guaranteed as totally secure.  While we strive to protect such information, we do not warrant and cannot guarantee the security of any information which you transmit to us.  Accordingly, any information which you transmit is at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

  2. The Surge Program and Program Website are provided “as is”.  Subject to your rights and remedies under the Australian Consumer Law, we do not represent, warrant and make no guarantees that the Surge Program or the Program Website will always be safe and secure or that the Program Website will be available uninterrupted or error free or that any defects in the Program Website will be corrected in a timely manner or otherwise.

  3. You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Surge Program. We may use this information, as long as it is in a form that does not personally identify you, to improve the Surge Program.

 

7     Privacy consent

  1. You, and your Representatives, acknowledge that by registering your interest to participate on the Surge Program via the Program Website, we will collect the following personal information about your Representatives:  

    1. their name; and

    2. their contact details (being, their email address and telephone number(s)); and

    3. their position in the organisation,
      (being, their Contact Information).

  2. You and your Representatives acknowledge and agree that the personal information that we collect about your Representatives may include sensitive information for the purposes of the Privacy Act 1988 (Cth).

  3. You and your Representatives CONSENT: 

    1. to their Contact Information being collected by CSG for the primary purpose of facilitating the Surge Program and Applications for Opportunities, including it being disclosed within any Opportunity you post to the Opportunities Board;

    2. to us otherwise collecting, using, storing and disclosing their personal information to facilitate the Surge Program, and in carrying out any of our security, investigative, emergency assistance or crisis operations, activities or functions, in accordance with our Privacy Policy.

 

8     Links

  1. The Program Website may contain content, data, information, applications, materials or links to other third-party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites, or any content whatsoever that is posted to the Opportunities Board.

  2. Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.

 

9     Warnings

  1. You must ensure that your use of the Program Website and the Surge Program is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.

  2. You must take your own precautions to ensure that the process that you employ for using the Program Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device system.  We accept no responsibility or liability for any interference or damage to your computer or mobile device which arises in connection with your use of the Program Website or any linked website or service.

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10    Termination and prohibition of access

  1. We reserve the right, in our absolute discretion, to accept, suspend or terminate your (and/or any of your Representatives) access to the Opportunities Board:

    1. with or without conditions; and

    2. whether or not we have formed the view that you are in breach of or threaten to breach these Terms of Use.

  2. To the maximum extent permitted at law, these Terms of Use survive such suspension or termination.

  3. We reserve the right to ban any person from using the Program Website on any basis whatsoever, including past or threatened breaches of these Terms of Use.  We will not be liable for any cost, expense or damages whatsoever for suspension or termination of your use of the Program Website.

 

11    Additional terms and policies

We reserve the right to put in place and adopt any further additional terms and policies that we consider reasonable and necessary.  You should visit https://www.jccm.org.au/privacy-policy periodically to review any new terms and policies that are displayed on these websites.

If you do not agree to the new terms, you must discontinue using the Program Website.

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12    Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms of Use will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.  All rights not expressly granted are reserved.

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13    Severability

Any provision of these Terms of Use which is void or unenforceable may be severed from these Terms of Use without affecting the enforceability of other provisions.  If a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable.

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14    Amendment

We reserve the right at our reasonable discretion to revise these Terms of Use at any time. You should visit https://www.jccm.org.au/surge-terms-organisations periodically to review these Terms of Use.  We will notify you when amendments are displayed on this website.  Amendments will be effective immediately upon notification.  If you do not agree to the revised terms, you must discontinue using the Program Website. 

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15    Governing Law

These Terms of Use are governed by, and must be construed according to, the law in force in the State of Victoria, Australia.  The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms of Use or any other matter concerning the operation of the Surge Program.

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16    Contact and violations

We are responsible for addressing any questions, comments or claims relating to the Surge Program and your use of them.  If you have any comments, questions, complaints relating to the Surge Program or the Program Website, or would like to report a violation of any these Terms of Use, please contact office@jccm.org.au.



 

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