Missy's Mini Grant Terms and Conditions

Terms and Conditions

1.                  General Terms and Conditions

1.1               This grant program is conducted by SavourLife Pty Ltd ACN 162 723 882 (SavourLife) of 42/2 Park St, Sydney, NSW 2000.

1.2               SavourLife may be contacted by email at minigrants@savour-life.com.au or phone 02 9977 6495.

1.3               Information on how to apply, and details of the Grant form part of these Terms and Conditions.

1.4               By submitting an application, applicants agree to be bound by these Terms and Conditions.

2.                  Applications

2.1               Applications are open from 9 am AEST on Friday 12th August 2022 and close at 11.59 pm AEST on Sunday 11th September 2022

2.2               Late or incomplete applications will not be accepted or considered.

2.3               Only one application per applicant will be accepted.

2.4               SavourLife reserves the right in its sole discretion to disqualify any applicant who SavourLife reasonably believes has breached any of these Terms and Conditions, or engaged in any unlawful or other improper conduct that may jeopardise the fair and proper conduct of the application process.

2.5               SavourLife may accept errors or omissions at SavourLife's discretion.

2.6               In the case of a dispute or challenge in the application process, SavourLife's decision will be final and no correspondence will be entered into.

2.7               Application must be submitted by the President of the Organisation.

 

3.                  Eligibility

3.1               Applicants must:

(a)                be a registered organisation with a current Australian Business Number (ABN) or Australian Company Number (ACN);

(b)                be a current member of the Adopt-A-Dog program as at the time the applicant submits an application, or support an Adopt-A-Dog member;

(c)                be registered as a charity with the Australian Charities and Not-for-Profits Commission (ACNC);

(d)                hold deductible gift recipient status; and

(e)                have a clearly defined and relevant Project that meets the Grant application criteria.

3.2               Retailers, suppliers of, and consultants to SavourLife (and their related bodies corporate)  are ineligible to apply for this Grant.

4.                  Decision

4.1               If in SavourLife's sole opinion and discretion no application adequately satisfies the objectives, and application criteria and expectations listed above, SavourLife may determine not to award the grant to any applicant.

4.2               If SavourLife determines to award the grant to a successful applicant (Grantee), the Grantee will be notified by Friday 30th September 2022

4.3               The decision as to the best application from amongst the applications will be made at the sole discretion of SavourLife. No correspondence will be entered into.

4.4               SavourLife will make reasonable efforts to notify all applicants of the outcome of their applications. SavourLife does not need to provide reasons for their decision.

5.                  The Grant

5.1               SavourLife may, at its decision, transfer funds in stages or in a lump sum depending on the nature of the Project. SavourLife will notify the Grantee of that decision within a reasonable timeframe of notifying the Grantee of its successful application.

5.2               The Grantee must use the whole of the Grant for the purpose and in the manner described in the Grantee's application for funding and not for any other purpose.

5.3               The Project must commence within one month of receiving the Grant (or if the Grant is made in instalments, within one month of receiving the first instalment).

5.4               The Grantee will use its best endeavors to expend the monies granted for the specified purpose within 6 months from the date of receipt of the Grant (or the last instalment of the Grant, which is the later).

5.5               If for any reason the Grantee does not take the Grant (or an instalment of the Grant) by the time stipulated by SavourLife, then the Grant (or that instalment of the Grant) may be forfeited.

6.                  Undertaking the Project

6.1               The Grantee will advise SavourLife of any material change which may affect the Grantee’s ability to direct the monies to the specified purposes under the Project.

6.2               The Grantee will submit written progress reports to SavourLife on a monthly basis until the Project is completed.

6.3               SavourLife may, in its reasonable discretion and following consultation with the Grantee, modify payment dates or amounts and will notify the Grantee of any such changes in writing.  

7.                  Tax and other expenses

7.1               Any payment made by SavourLife is made as a donation and is not a financial supply. No GST is payable by SavourLife on the payment.

7.2               SavourLife accepts no responsibility for any tax liability the Grantee may incur as a result of receiving the Grant.

7.3               Grantees are advised to seek independent accounting advice prior to the acceptance of the Grant.

7.4               Unless expressly stated, all other expenses are the responsibility of the Grantee.

8.                  Publicity

8.1               The Grantee may be required to keep the Grant confidential until a public announcement is made by SavourLife.

8.2               The Grantee may if it wishes acknowledge the assistance of SavourLife in any published or display material..

8.3               The Grantee will be asked to assist SavourLife with the promotion of this initiative by way of providing case studies, photographs, and video, that can be shared on SavourLife's social media channels and via electronic direct mail to share the progress of the Project and the impact that it has had to the organisation and the local community.

8.4               SavourLife will be provided with access to the Project to photograph and/or video progress and completion.

9.                  Intellectual Property

9.1               Each applicant warrants that it will not infringe any intellectual property rights in submitting the application.

9.2               In carrying out the Project, the Grantee warrants that it will not infringe any intellectual property rights.

9.3               All intellectual property the Grantee creates as part of the Project will be owned by the Grantee.

9.4               The Grantee grants to SavourLife a royalty-free, perpetual, irrevocable, worldwide licence to use any such intellectual property including permitting SavourLife to make reports, documents, and any other materials associated with the Project (Material) publicly available and to otherwise communicate, reproduce, adapt, and publicise that Material.

9.5               Each applicant agrees to indemnify SavourLife against any costs or damages that SavourLife may incur as a result of any intellectual property rights infringement in respect of that applicant's application.

9.6               The Grantee agrees to indemnify SavourLife against any costs or damages that SavourLife may incur as a result of any intellectual property rights infringement in respect of the Grantee carrying out the Project.

9.7               Each applicant and the Grantee acknowledges and agrees that SavourLife may use, reproduce, alter, or distribute any application in its sole discretion.

9.8               In carrying out the Project, the Grantee must not use SavourLife's intellectual property (including SavourLife's trade marks) without SavourLife's consent. SavourLife's intellectual property remain SavourLife's property at all times.

 

10.               Relationship

10.1           The Grantee acknowledges and agrees that no relationship of employment, agency, partnership, or joint venture exists or is deemed to be created between SavourLife and the Grantee.

11.               Privacy

11.1           SavourLife will handle personal information provided in accordance with the Privacy Act 1988 (Cth).

11.2           By entering this promotion, each entrant agrees that SavourLife may use personal information disclosed, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant.

11.3           Entrants should direct any request to access, update or correct personal information to SavourLife.

12.               Variations

12.1           The Grantee must seek and obtain SavourLife's prior written approval before varying:

(a)                the nature and purpose of the Project form that described in the Grantee's application;

(b)                the way in which the Project is to be carried out and completed, as outlined in the Grantee's application, or other Project plan accepted by SavourLife;

(c)                the approved Project budget and payment instalments (if relevant); and

(d)                these Terms and Conditions.

12.2           If SavourLife approves the variation, SavourLife may impose additional conditions on the Grant.

13.               Audits

13.1           The Grantee must keep detailed financial records to enable SavourLife or its authorised agents to check the use of Grant funds readily. 

13.2           SavourLife or its authorised agents may undertake an audit of any aspect of the Project, the receipt and expenditure of the Grant, or the Grantee's compliance with these Terms and Conditions.

13.3           The Grantee must co-operate fully with any audit, including giving reasonable access to the Grantee's premises, records, and all materials and permitting SavourLife or its authorised agents to take copies of them relevant to the Project and the receipt and expenditure of the Grant.

13.4           The Grantee must promptly take any reasonable action SavourLife requires to rectify any error, non-compliance, or inaccuracy identified in an audit in relation to the Project or the Grantee's compliance with these Terms and Conditions.

13.5           The Grantee is not entitled to any delay costs or other costs or expenses relating in any way to an audit.

14.               Grant revocation

14.1           In addition to any and all powers provided it at law, SavourLife may by written notice revoke the Grant awarded to the Grantee if:

(a)                SavourLife discovers that the Grantee has given false or misleading information to SavourLife at any time;

(b)                the Grantee is, in SavourLife's opinion, not carrying out the Project with competence and diligence or in conformity with the Grantee's application;

(c)                the Grantee does not comply with these Terms and Conditions;

(d)                the Grantee resolves to go into liquidation or enter into any scheme or arrangement with the Grantee's creditors under the Corporations Act 2001 or if any liquidator, receiver, or official manager is appointed or if a petition or other Court proceedings is instituted for such appointment;

(e)                being a non-profit organisation, the Grantee ceases to retain its non-profit status, GDR status, or ACNC registration; or

(f)                 being an organisation, the Grantee ceases to operate.

14.2           If SavourLife revokes the Grant the Grantee must:

(a)                not spend any further Grant funds nor commit any such funds for expenditure;

(b)                within 7 days, repay to SavourLife all Grant funds which have not been spent or committed for expenditure at the time the Grantee receives the written notification of the revocation; and

(c)                provide a financial report to SavourLife on the proportion of the Grant already spent.

14.3           SavourLife may take steps to recover the whole or any part of the Grant, including those funds already spent and any goods or assets acquired using Grant funds, if SavourLife revokes the Grant under clause 14.1.

15.               Liability and indemnity

15.1           Except for any liability that cannot be excluded by law, SavourLife (including its officers, employees, and agents) excludes all liability (including negligence), for:

(a)                any personal injury or death; or

(b)                any loss or damage whether direct, indirect, special, or consequential,

arising in any way out of the application process, the Grant, or the Project, including where arising out of any:

(c)                application that is late, lost, altered, damaged, accessed without authorization, or misdirected (whether or not after its receipt by SavourLife) due to any reason beyond SavourLife's reasonable control;

(d)                any payment (or instalment payment) of the Grant, that is late, or misdirected due to any reason beyond SavourLife's reasonable control;

(e)                any variation in Grant value to that stated in these Terms and Conditions, in accordance with these Terms and Conditions;

(f)                 any tax liability incurred by the Grantee or applicant; or

(g)                any act or omission of SavourLife or its agents.

15.2           The Grantee indemnifies and holds SavourLife harmless from and against all actions, suits, claims, demands, proceedings, losses, costs, expenses, and liability which SavourLife may suffer, incur, or sustain, howsoever arising, in connection with the Project or works that are the subject of the Project.

16.               Disputes

16.1           In the event of a dispute and before resorting to external dispute resolution mechanisms, SavourLife and the Grantee agree to attempt to settle, by good faith negotiations, any dispute in relation to these Terms and Conditions or the Grant.

16.2           In the event of a dispute, the parties agree not to inform any media organisations (and to otherwise keep confidential) the substance of the dispute or the fact there is such a dispute, until such time as a resolution has been reached.

17.               No assignment

17.1           The Grantee must not assign the benefit of the Grant to any other party without SavourLife's written consent, which it may withhold in its absolute discretion.

18.               General provisions

18.1           Any failure or delay by SavourLife in enforcing any provision of these Terms and Conditions does not constitute a waiver of that provision, nor does it affect SavourLife's right to subsequently enforce that provision.

18.2           If any provision in these Terms and Conditions is held by a court to be unlawful, invalid, or unenforceable, the validity and enforceability of the remaining provisions are not affected.

18.3           These Terms and Conditions are governed by the laws of New South Wales and the applicants and the Grantee agree to submit to the non-exclusive jurisdiction of the Courts operating in the State of New South Wales.