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March 2024

are-able is a not-for-profit organisation which provides a variety of employment and community services throughout Western Victoria and South Eastern South Australia. are-able has established the are-able Foundation for the purpose of providing grants to community organisations to assist those living with a disability or experiencing disadvantage.

These Terms apply to:

  1. any Grant from the are-able Foundation; and
  2. any Application for any Grant made by the Applicant to the are-able Foundation.

By Submitting the Application, the Applicant consents to be bound by these Terms and warrants that the person submitting the Application has authority to bind the Applicant to these Terms.

  1. Definitions
    1. Application means any submitted application for a Grant in the form published by are-able from time to time on their the www.areable.org.au website and through any other publication method are-able chooses from time to time.
    2. Grant means any moneys paid by are-able to the Applicant in accordance with these Terms to an Applicant.
    3. are-able means Western District Employment Access Inc. A Victorian incorporated association under the Associations Incorporation Reform Act 2012 (Vic) and is a registered Charity under the Charities Act 2013.
    4. are-able Foundation means any funds which are-able has designated for distribution in the form of a Grant for such purposes as are-able in its sole discretion may elect. The term is not intended to imply particular legal status or the existence of any trust or obligation in relation to moneys held by are-able.
    5. Terms means these terms and conditions as modified by are-able from time to time.
    6. Applicant means the person or organisation making the Application for a Grant.
  2. Eligibility
    1. are-able welcomes applications from all organisations, associations, and unincorporated associations whether charities or not. are-able does not accept Applications for Grants to individuals. Grant applications must be for a maximum of $5,000. are-able will consider favourably the Applicants that:
      1. Are legal entities or individuals;
      2. Will apply the Grant in areas where are-able operates;
      3. Are charitable, are Deductible Gift Recipients or will apply the Grant towards works which are charitable;
      4. Will be in a position to use the Grant within 6 months and do not have any unutilised funds from any prior Grant; and
      5. Have complied with these Terms and with the terms of any previous grants.
    2. It is the responsibility of the Applicant to disclose any conflict of interest which the Applicant or persons associated with the Applicant may have to are-able. Such disclosure will be considered by are-able but does not preclude are-able from making a Grant to the Applicant.
    3. Applications are not eligible to apply for a grant if they have received a successful grant within the previous two years. Date taken from last previous notification of a successful grant application.
  3. Applications
    1. are-able gives $100,000 per year through the are-able Foundation. How this funding is allocated is at the discretion of are-able. The closing date for consideration for community grants is set at the opening of the grant round. Any Application received by are-able after close of business on the closing date will not be considered unless a prior agreement is made.
    2. All Applications must be made in the form published by are-able from time to time on the www.areable.org.au website or provided by are-able in hardcopy.
    3. The Applicant must complete all Applications wholly and accurately. If an Applicant becomes aware of any inaccuracy in an Application at any time after submission, they must correct this inaccuracy by notifying are-able at the earliest opportunity.
    4. The Applicant indemnifies are-able for actions are-able may take in reliance of the information provided and releases are-able for any actions are-able takes in reliance of the information. This includes where are-able transfers money to any bank account which the Applicant has provided details of where the bank account information is incorrect. are-able may attempt to recoup any mistakenly paid funds and deduct any costs of doing so from those funds.
    5. All Applications must be submitted to are-able online. Email applications can be sent to foundation@areable.org.au or hard copy applications can be sent addressed to the are-able Foundation, 52 Fairy Street, Warrnambool, Victoria, 3280
    6. All parties must bear their own costs in relation to Applications and may not apply any Grant towards any costs incurred in making the Application.
  4. Assessment of Applications
    1. are-able will consider all applications received which comply with these Terms.
    2. The final decision on the approval of any Grant by are-able rests with the are-able Executive Leadership Team
    3. are-able reserves the right to reject or accept any Application with or without reason in its sole and unfettered discretion.
    4. are-able may increase (up to a maximum of $5,000) or decrease any amount applied for but must provide notice of such change to the Applicant who may withdraw their application for any reason and must withdraw the Application if the amended funding amount could not be used to satisfy the proposed project of activity described in the Application.
    5. All decisions by are-able will be final and are not subject to review. The applicant is not entitled to reasons or other information regarding any decision made by are-able. This includes decisions relating to the amount of any Grant and the amount of all Grants in total.
  5. Award of Grants
    1. are-able will contact successful applicants to offer a Grant. The offer may provide any additional terms specific to that Grant which may include the amount of the grant and the purposes or projects to which the Grant is to be applied and media embargos. The offer is are-able’ confidential information and the Applicant may not disclose the offer to anyone except to professional advisors who they must also cause to be bound not to disclose the offer.
    2. The Applicant must accept or reject the offer within 28 days of the offer being received. If the offer has not been accepted by that time, then it is automatically withdrawn and may no longer be accepted.
    3. are-able will not make any announcement regarding the Grant unless and until the Applicant has accepted the Grant. If the offer is accepted are-able may make such announcements as it deems appropriate.
    4. are-able will transfer the Grant moneys to the Applicant by cheque or electronic transfer and the Applicant must provide bank details upon request for this purpose.
    5. The Applicant must keep records for 7 years of all its dealings with the Grant monies sufficient to show the application of all monies towards the purpose or project which they are allocated for.
    6. Successful Applicants will be required to provide a financial acquittal according to any form or requirements which are-able provides or makes known to the Applicant at any time including after the Grant is paid.
    7. are-able may choose to audit the Applicant. If are-able requests financial records referred to in clause 5.5 then the Applicant must provide these to are-able within 30 days. If this information is not provided or the information disclosed show that the funds have been used for purposes other than those specified by the Grant the Applicant must repay all Grant moneys upon request.
    8. Applicants must use all Grant moneys within 6 months of receipt. After this time are-able may request the return of unused Grant moneys and these must be repaid within 7 days. Applicants may request an extension of time in appropriate circumstances.
    9. Upon breach of any of these Terms are-able may provide written notice to the Applicant to rectify the breach. If the breach is not rectified after 14 days the Applicant must repay all Grant moneys to are-able.
  6. Acknowledgments
    1. The Applicant must acknowledge are-able in any announcement, promotional event, activity or other media relating to the Grant, or the project or activities supported by the grant including but not limited to any digital promotion or marketing, outdoor media, printed and or broadcast advertisements.
  7. Privacy
    1. Grants and the Application process involve are-able collecting personal information. All information collected by are-able will be handled in accordance with the are-able Privacy Policy. The are-able Privacy Policy can be found on the are-able website or may be requested from are-able.
    2. The Applicant acknowledges and consents to are-able using the Applicants name and other private or identifying information in announcements, media, publications and promotions related to successful Grants.
  8. Intellectual Property
    1. The Applicant retains all intellectual property rights in relation to the Application
    2. By Submitting an Application, the Applicant grants a license (“the License”) over all intellectual property constituted by and contained in the Application.
    3. The License is world-wide, exclusive to are-able, transferable without consent by are-able, royalty free, perpetual and irrevocable. The License includes the right to sub-license, use, reproduce, alter, publish, distribute, communicate and generally do anything with the intellectual property as are-able desires without limitation for the purposes of assessing the Grant and for are-able media and marketing activities.
    4. The Applicant warrants that they have the full right and capacity to grant the License.
    5. The Applicant waives all their moral rights in relation to any Intellectual Property this includes granting consent for are-able to use the Intellectual Property (in accordance with the License) without attribution and to alter the Intellectual Property in any way are-able desires.
  9. Warranties
    1. The Applicant Warrants that:
      1. All information contained in its Application is true and correct.
      2. The Application does not infringe any copyright or intellectual property rights of any kind.
  10. Indemnity
    1. The Applicant Indemnifies are-able, their agents and employees against any and all loss, damages, liability and claims arising out of or connected to the Grant, including but not limited to breach of these terms, any incorrect warranty, breach of any party or third parties intellectual property rights, defamation, negligence and any other illegal activity.
  11. GST
    1. are-able will pay on receipt of a compliant tax invoice. The Applicant must provide are-able with its ABN and GST registration for these purposes.
    2. Any payment from are-able to the Applicant and any refund or repayment from the Applicant to are-able is inclusive of GST (if any GST is payable).
  12. General
    1. These Terms contain the entire agreement between are-able and the Applicant. The Terms supersede any promotional material, oral representations or other statements made by are-able unless such material is in writing and explicitly refers to and overrides these terms.
    2. The Applicant may not assign or transfer its rights or obligations under these Terms or its rights or obligations otherwise associated with the Grant. are-able may freely assign or transfer its right and obligations without consent.
    3. These Terms are governed by the laws of Victoria and the Applicant submits to the exclusive jurisdiction of the courts of Victoria.
    4. are-able may amend or withdraw these Terms at any time wholly or partly with or without notice.

 

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