Surge Volunteer Terms of Use
Last updated:16 November 2023
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1 General
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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).
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You are receiving these Terms of Use because you are proposing to volunteer, or already volunteer, with an Organisation by way of the Surge Program.
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You must read these Terms of Use carefully before submitting an application to be registered as a Surge Program volunteer by the Program Website or by another means.
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By applying to participate in the Surge Program as a volunteer via the Program Website or any other means, or by participating in the Surge Program as a volunteer, you irrevocably and unconditionally:
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acknowledge that you have read and understood these Terms of Use; and
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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 www.jccm.org.au as they are amended from time to time.
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In these Terms of Use:
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“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, consultants, advisers 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);
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“you” and “your” means any person who is or proposes to be:
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a user of the Program Website; or
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a volunteer with an Organisation by way of the Surge Program,
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and therefore accepts these Terms of Use;
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The “JCCM Website” means www.jccm.org.au, which is inclusive of the Program Website; and
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The “Program Website” means www.jccm.org.au/volunteer-opportunities, and any other website created and maintained by JCCM in relation to the Surge Program.
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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.
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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
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The Program Website enables prospective volunteers to view and access volunteering opportunities that are posted by Organisations (Opportunities). The Opportunities are displayed on the Program Website to prospective volunteers by way of a marketplace or board (Opportunities Board).
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If you propose to participate in the Surge Program as a prospective volunteer by registering your interest on the Program Website or by any other means (Registrant and Registering), you acknowledge and agree that we will assess:
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your affiliation to the Jewish community, including by consulting one or more personal referees provided that you have given your express consent:
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for each personal referee to be contacted for the purpose of conducting your Assessment; and
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for CSG to disclose that you are a Registrant;
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the authenticity of any identity document provided by you; and
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any other matter which in our view is reasonably necessary to assess,
in order to determine whether to permit you to participate in the Surge Program (the Assessment).
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The Assessment is conducted to assess the overall appropriateness of your participation in the Surge Program, which will include baseline security vetting of you, before permitting you to initiate contact with Organisations via the Surge Program.
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We may permit you to participate in the Surge Program as a prospective volunteer only if we are satisfied in respect of each matter assessed in your Assessment (Favourable Assessment Outcome). We may in our absolute discretion deny you a Favourable Assessment Outcome, and are not obliged to give you our reasons for doing so.
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If you are afforded a Favourable Assessment Outcome, we may grant you a non-transferable licence to access the Opportunities Board on the Program Website (Registration). Your license may only be used under the provisions of these Terms of Use. Your licence will enable you to apply for a particular Opportunity by making contact with the relevant Organisation (Application), which if accepted by the Organisation, may result in you commencing in a volunteer position with that Organisation (Volunteering Position).
3 CSG is not liable
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There are a number of potential hazards associated with the participating in the Surge Program and undertaking a Volunteering Position. These risks include (but are not limited to) physical injury (including death), financial loss and mental harm resulting from, without limitation, your participation in the Surge Program and dealings with an Organisation.
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You acknowledge and agree that.:
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the risks of participating in the Surge Program are numerous and may be serious, we have warned you of these risks, and you fully understand these warnings.
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your participation in the Surge Program is entirely voluntary and you have not been required by us to engage in the Surge Program or any Volunteering Position;
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you use the Program Website, and pursue any Application, Opportunity or Volunteering Position, at your risk;
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the maximum extent of our role in administering the Surge Program is to facilitate your access to Opportunities posted by Organisations on the Opportunities Board;
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we exercise no editorial control over the Opportunities posted to the Opportunities Board, and take no responsibility for any material posted to the Opportunities Board nor your Applications. You take full responsibility for your use of the Program Website. However, we may at our absolute discretion:
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access or examine any material any Program Website user posts or otherwise electronically transmits to or via the Program Website; and/or
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move, remove or disable access to any material in our absolute discretion;
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we make no recommendation in relation to the appropriateness of any Opportunity or Volunteering Position;
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it is in each Organisation’s absolute discretion as to whether it decides to accept an Application from you, and it is only the responsibility of you and an Organisation to determine whether you wish to pursue a Volunteering Position;
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your correspondence and dealings with an Organisation, including any dealings you have in your capacity as a volunteer at an Organisation, are solely between you and that Organisation and at your own risk;
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we do not contract with you in relation to any Opportunity or Volunteering Position;
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we do not control or administer any Opportunity or Volunteering Position; and
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you fully assume the risks of liability, loss or harm of any kind in connection with an Opportunity or Volunteering Position.
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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:
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your use of the Program Website;
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your Applications;
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any of your Volunteering Positions;
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the modification, interruption, suspension or discontinuation of the Surge Program;
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any technical faults which impact on the availability or use of the Surge Program or the Program Website; or
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your use of or participation in the Surge Program.
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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, your Applications, any of your Volunteering Positions 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, your Applications, your Volunteering Positions 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.
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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:
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your breach of these Terms of Use;
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your use of the Program Website;
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your Applications;
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your Volunteering Positions; and
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your use of or participation in the Surge Program.
5 Insurance
You acknowledge and agree that, while each Organisation has represented to us that it 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 their Opportunities or Volunteering Positions, we take no responsibility whatsoever for whether any Organisation in fact maintains any insurances of the terms of its insurances.
We strongly recommend that you discuss with an Organisation its insurance policies before you participate in an Opportunity or Volunteering Position with it.
6 Privacy and data
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To the extent that you 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.
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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.
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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
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You acknowledge that, by Registering for the Program Website, we will collect the following personal information about you:
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your name;
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your date of birth;
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your gender; and
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your contact details (being, your residential address, email address and telephone number(s)),
(being, your Registration Information), in addition to the following personal information which we will collect for the purpose of carrying out your Assessment: -
a copy of a government identification document of yours (being, a passport, driver’s licence, working with children check and/or other forms of identification);
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the performance of a Nationally Coordinated Criminal History Check by the Australian Criminal Intelligence Commission, commonly called a police check, to produce a certificate that shows police information including any disclosable court outcomes and pending charges relating to you in Australia, or such other similar checks;
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the names and contact details of two personal referees for us to contact;
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the information that we may collect in the course of conducting your Assessment, including information:
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having a bearing on your affiliation to the Jewish community; and
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concerning any other matter which in our view is reasonably necessary to assess in order to determine whether to permit you to participate in the Surge Program,
(being, your Assessment Information).
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You acknowledge and agree that the personal information that we collect about you may include sensitive information for the purposes of the Privacy Act 1988 (Cth).
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You acknowledge and agree that you CONSENT:
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to your Registration Information being collected by CSG for the primary purpose of facilitating the Surge Program and your Applications for Opportunities;
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to us collecting your Registration Information and Assessment Information for the primary purpose of:
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conducting your Assessment; and
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permitting you to access the Program Website, Opportunities Board and make Applications; and
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to us disclosing to your personal referees that you are a Registrant, for the purpose of conducting your Assessment;
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to us otherwise collecting, using, storing and disclosing your 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.
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8 Links
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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.
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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
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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.
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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.
10 Termination and prohibition of access
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We reserve the right, in our absolute discretion, to accept, suspend or terminate your Registration and access to the Opportunities Board:
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with or without conditions; and
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whether or not we have formed the view that you are in breach of or threaten to breach these Terms of Use.
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To the maximum extent permitted at law, these Terms of Use survive such suspension or termination.
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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 and https://www.jccm.org.au/terms-conditions 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.
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.
12 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.
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-volunteers 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.
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.
16 Contact and violations
CSG is 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.