Conditions of Use

By applying to become a member of the Aroga Network Community, You agree to comply with these Conditions and the Aroga Network Code of Conduct. These Conditions and the Aroga Network Code of Conduct are issued by Aroga Network. You must comply with these Conditions and the Aroga Network Code of Conduct at all times during the period of Your Membership. 


2. Aroga Network’s Mission 


Aroga Network is a charitable, not-for-profit organisation operating in the State of Western Australian only. We act solely as a facilitator to connect Donors of surplus goods with Recipients. We do not take ownership of Goods, inspect Goods, or guarantee their quality, safety, or suitability. 


3.Membership and Your Conduct 


  3.1  To be eligible for a Membership, You must meet the requirements set out in this paragraph 3. For clarity, all applications for Membership are subject to Our approval, which may be granted or withheld at Our absolute discretion. 


  3.2  It is a condition of Membership that:


         (a) Your registered office or residential address is in the State of Western Australia;


         (b) You have a valid email address and phone number;


         (c) You appoint and provide us with the contact details for a Responsible Person;


         (d) You have a valid residential address and or postal address; and


         (e) We are able to contact You at the contact details given pursuant to this paragraph 3.2. 


  3.3  By becoming a Member, You acknowledge and agree that You have read and understood these Conditions and the Aroga Network Code of Conduct, and agree to be bound by and comply with these Conditions and the Aroga Network Code of Conduct at all times. Your acceptance is recorded by completion of the mandatory checkbox during Your registration with the Portal. 


4. Donor Obligations and Rights

   4.1  If You are a Donor, You must:

         a)    be the legal owner of the Goods You donate; 


         b)    ensure the Goods are safe, in reasonable condition, lawful, accurately described and fit for purpose for which the Goods are intended to be used; 


         c)    ensure the Goods align with the Aroga Network Code of Conduct; and

         d)    upon request, be able to provide Aroga Network with evidence demonstrating compliance with the obligations set out in this paragraph 4.1. 


  4.2  Donors have sole discretion to decide which Recipient will receive their Goods. Aroga Network has no role in determining the Recipient that will receive a Donor’s Goods. 
File Sent

  4.3  Donors are encouraged to choose the Recipient on a first-come, first-served basis. 


   4.4  When Goods are delivered to or collected by a Recipient, risk in and title to pass to the Recipient. 


5. Recipient Obligations and Warranty

  5.1  If You are a Recipient, You must ensure that the Goods You have received from a Donor are not used:

         a)    to further or with the intent to commit any criminal act or to associate with any criminal or terrorist activities;

         b)    in a way that may cause Us or a Donor to violate any Law;

         c)    in away which is otherwise in breach of, or may cause You to breach, these Conditions; or 

         d)    in a way which may or has the potential to adversely affect the reputation of Aroga Network. 


  5.2  As a Recipient, You represent and warrant that You have a genuine charitable need for the Goods that does not conflict with the overall charitable goal of Aroga Network. 


6. Collection and Delivering Goods

  6.1  Donors and Recipients are solely responsible for arranging collection and delivery of Goods between themselves. Aroga Network only provides the platform facilitating these interactions. Aroga Network may monitor activity of Members and issue directions to them to ensure compliance with these Conditions. 


  6.2  A Recipient is not required to collect or take delivery of Goods that are unsafe, not in reasonable condition, or not suitable for the purpose for which the Goods are intended to be used. 


7. No Warranty

  7.1  As a Recipient, You understand and agree that any Goods You may receive from a Donor through Your participation in the Aroga Network Community will be received by You in an ‘as-is’ condition and that Aroga Network makes no warranty, covenant or representation, expressed or implied, regarding the Goods, including without limitation, their design, quality, condition or fitness for any particular purpose. 


  7.2  Once You have received the Goods, risk and title in the Goods will pass to You and You will not be permitted to return the Goods to Us or the Donor of the Goods. 


8. Exclusion of Liability and Member Indemnity

  8.1  To the maximum extent permitted by applicable Law, We exclude all liability from or relating to Your Membership, participation in the Aroga Network Community, activities conducted in connection with the same, use of the Portal or Your interactions with other Members. 


  8.2  We are not responsible for any Goods. Recipients are responsible for checking Goods prior to collecting or accepting delivery of them. We make no representation and give no warranty, guarantee or assurance about Goods, including that Goods will be: 
(a) as described by a Donor;
(b) suitable for any specified purpose or their intended purpose; (c) of merchant able quality; or
(d) compliant with any applicable Laws or standards, 
or that Goods come with full title and ownership and will be delivered or available for collection within a reasonable time. 


  8.3  To the maximum extent permitted by applicable Law, We exclude all Liability for loss or damage of any kind in connection with the Goods, including for personal injury or death caused by the Goods or the persons providing them, or in relation to receipt, use or consumption of the Goods by any person. 


  8.4  We are not responsible for the action of Members. We make no representation and give no warranty, guarantee or assurance about the truth or accuracy of any information provided by Members, including the experience or qualifications of Donors or their ability to provide the Goods offered. We require all Members to comply with these Conditions, but We are not responsible to You if they do not so comply. We exclude any Liability for loss or damage of any kind caused by the acts or omissions of Members, including any act or omission that is contrary to these Conditions, or any act or omission that is negligent, defamatory, illegal or infringes the rights of another person. 


  8.5  You indemnify and will defend Us and Our officers, employees and agents (those indemnified) from and against any Liability suffered or incurred by those indemnified arising out of or in connection with: 
(a) Your Membership, participation in the Aroga Network Community, activities conducted in connection with the same, use of the Portal or Your interactions with other Members; or 
(b) a claim against those indemnified by any person in connection with Goods You donated or You received via the Aroga Network Community, 
except to the extent the Liability was caused by an act or omission of those indemnified that was unlawful or constitutes misconduct or gross negligence. 


9.Disputes 


Where You are in dispute with another Member, including a dispute between a Donor and a Recipient, You are responsible for resolving the dispute and for all costs associated with doing so. We may endeavour to assist You and the other Member to resolve the dispute, but we have no obligation to do so or to be involved in the dispute in any way at all. 


10.         Privacy 


Details of how we handle Your Personal Information is set out in Our Privacy Policy


11.         Use of and changes to the Portal

  11.1  You must use the Portal in a manner that complies with these Conditions and the Aroga Network Code of Conduct. 


  11.2  You must not use the Portal, or otherwise conduct activities within the Aroga Network Community, in a way that, or (if you are a Donor), donate any Goods that;

         a)    would reasonably offend or upset another person;

         b)    interferes with another person’s participation in the Aroga Network Community; 


         c)    breaches any obligation of confidentiality to another person;

         d)    involves the treatment of Personal Information contrary to Our Privacy Policy; 


         e)    infringes the rights (including intellectual property rights) of another person;

         f)      is illegal, breaches applicable Law or contravenes public policy; or 


         g)    is harmful to Our reputation or interests. 


  11.4 You must not use Our name, brand or trademarks, or otherwise represent that You are sponsored, approved by or affiliated with us, without Our written consent.

  11.5 Aroga Network may, at its discretion and without notice or liability to You change, add or remove functionality of the Portal.

12. Notifications

  12.1  You must ensure that the contract details provided by You pursuant to paragraph 3.2 (including the nominated Responsible Person) are kept up to date and that You    notify Us in writing of any changes to them. 


  12.2  You must promptly notify us if there are any changes to Your circumstances that are relevant to Your Membership or participation in the Aroga Network Community. 


13. Changes to Conditions and Aroga Network Code of Conduct

         We may amend or update these Conditions and the Aroga Network Code of Conduct from time to time without notice to You. We recommend You check on the Portal           at regular intervals for any updates to these Conditions or the Aroga Network Code of Conduct, Your continued use of the Portal and participation in the Aroga                       Network Community following any such amendment or updater constitutes Your acceptance of the relevant changes. If You do not accept the relevant changes, You             must cease using the Portal and participating in the Aroga Network Community.

14. Governing Law

         These Conditions are governed by the laws of the State of Western Australia. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the               courts operating in State of Western Australia, and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought             in those courts.

15. Definitions

         In these Conditions, and the Aroga Network Code of Conduct, the following terms have the corresponding meaning:

         “Aroga Network, We, Us, Our” means Aroga Network Incorporated (ABN 41 970 519 907), a registered charity under the Associations Act of Western Australia.

         “Aroga Network Code of Conduct” means the code of conduct attached to these Conditions as Appendix A.

         “Aroga Network Community” means the community operated by Aroga Network for the exchange of goods between parties with surplus goods to those in need of             those goods provided and operated through a digital platform.

         “Conditions” means these Terms of Use and any documents expressly incorporated into them. “Donor” means a person who offers or gives a Donation.

         “Goods” means any items, products, materials, or goods offered, listed, supplied or donated by a Donor through the Portal for the purpose of charitable redistribution.

         “Law” means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions                 given by any government or similar authority with the power to bind or impose obligations on you or us in connection with these Conditions or the activities covered in           them.

         “Liability” means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute,                       contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or                 contingent and whether involving You or Us or a third party or otherwise.

         “Member” means an organisation and or personnel approved by Aroga Network to participate in the Aroga Network Community as a Donor and or Recipient for the               purpose of donating or receiving Goods or facilitating the redistribution of Goods.

         “Membership” means a membership with the Aroga Network Community.

         “Personal Information” has the meaning given in the Privacy Act 1988 (Cth).

         “Portal” means the Aroga Network online platform, website, digital system or technology interface provided or operated by Aroga Network to facilitate the connection             between Donors and Members.

         “Responsible Person” means a nominated personnel authorised to act on behalf of a Member. “You, Your” means the individual who participating in the Aroga                     Network Community as a Member.

 Appendix A: Aroga Network Code of Conduct

1. General Standard Conduct

1.1 Without limiting anything else in paragraphs 1-15 of these Conditions, Members must, at all times when participating in the Aroga Network Community, act:

a)    honestly, fairly, and in good faith;

b)    in a manner consistent with the charitable purpose, values, and reputation of Aroga Network; and

1.2 Members must not engage in conduct that is:

a)    harassing, bullying, intimidating, abusive, threatening, or discriminatory;

b)    offensive or inappropriate, whether verbal, written, physical, or online; or

c)    likely to cause harm, distress, or humiliation to another person.

1.3 Aroga Network expects Members to support a safe, inclusive, and welcoming environment for all participants, regardless of background or personal characteristics.

2. Conflict of Interest

2.1  Members must disclose any actual, potential, or perceived conflict of interest relevant to their participation in Aroga Network Community.

2.2  Members must act in accordance with any conflict-management directions given by Aroga Network, including refraining from involvement in certain decisions or activities where required. 


3. Compliance With Laws and Policies

3.1
Members must:

a)    comply with all applicable Laws relevant to their participation in the Aroga Network Community; and

b)    comply with all policies, codes, and guidelines issued by Aroga Network from time to time, including any safeguarding policies, and health and safety requirements.

4. Confidentiality and Privacy

4.1 Members must:

a)    respect the confidentiality of information obtained through their involvement with Aroga Network;

b)    not improperly use, disclose, or retain confidential or personal information; and

c)    comply with applicable privacy and data protection obligations including the Privacy Act 1988 (Cth).

This obligation continues even after a member ceases involvement with Aroga Network.

5. Reporting Concerns and Cooperation with Investigations

5.1
Members are encouraged to:

a)    raise concerns in relation to the Aroga Network Community about unacceptable conduct, risks, or misconduct in good faith; and

b)    cooperate with any reasonable investigation or process undertaken by Aroga Network in relation to such concerns or matters.

6. Online and Public Conduct

6.1 When communicating publicly or online in connection with the Aroga Network Community, including on social media, Members must:

a)    act responsibly and respectfully;

b)    not make statements that could reasonably be expected to damage Aroga Network’s reputation or relationships; and

c)    make it clear when expressing personal views that those views do not represent Aroga Network, unless authorised to do so.

7. Breach and Consequences

7.1 If Aroga Network reasonably believes that a member has breached these Conditions or this Aroga Network Code of Conduct, it may take action including:

a)    issuing a warning or requiring remedial action;

b)    suspending or restricting the Member’s participation in the Aroga Network Community;

c)    terminating the Member’s Membership; and/or

d)    taking any other action permitted under Aroga Network’s constitution, rules, or applicable Law.

7.2 Aroga Network is not required to exhaust all steps before taking action, and may act immediately where necessary to protect people, property, or reputation.