stuffBank Terms and Conditions


Please read and accept the Terms of stuffBank in order to proceed to the listings of available resources.

Terms

Access to and use of the stuffBank by a business listing the resource (“the donor”) and the artist/ arts organisation wishing to acquire the resource (“the recipient”) is subject to the following terms and conditions and the donor and the recipient both agree to comply with such terms and conditions.

Use of stuffBank

  • The listing of resources, and the selection and uploading of photographs associated with the resource, is at the discretion of arts@work and AbaF. arts@work and AbaF reserve their rights to, in their sole discretion, remove any resource details from the website at any time and without providing reasons.
  • arts@work and AbaF recommend that the donor and the recipient obtain independent advice prior to donating or using resources obtained through stuffBank (such as legal, insurance or tax advice).
  • arts@work and AbaF do not guarantee to secure a placement for every resource that is listed on the stuffBank register.

Responsibility of arts@work and AbaF

  • Without limiting anything else in these Terms, the donor and the recipient acknowledge and agree that arts@work and AbaF are not involved in the actual donation of the resource.  As a result, arts@work and AbaF have no control over the quality or safety of the resources and arts@work and AbaF do not have any liability, in negligence or otherwise, for the ultimate suitability of resources or for any acts or omissions on the part of individuals or organisations involved in stuffBank.
  • arts@work and Abaf assume no responsibility regarding the accuracy of the information that is provided in the Registration Form.  In submitting a Registration Form, the donor confirms that all details submitted in the Registration Form are, to the best of the donor’s knowledge and belief, true and correct in all respects and are not, by omission of information, or otherwise, misleading.
  • arts@work and AbaF do not make any representations of the recipients and the donor must assess any arts organisation/individual artists and satisfy themselves as to their suitability.

Ownership of Resources

  • The donor warrants that it is the legal and beneficial owner of the resource and has the right to donate the resource to the recipient.  The donor also warrants that the resource is free from any encumbrance or security interest. 

Use of Donated Resources

  • The recipient acknowledges and warrants that the resource will not be used in connection with, personal, domestic or household use or consumption.
  • The donated resource is provided to the recipient by the donor at no cost on the condition that the recipient must ensure that the donated resource is suitable, safe and fit for purpose including, without limitation, compliance with OH&S requirements and “testing and tagging” electrical equipment before use.
  • To the extent permitted by law, the recipient accepts the donated resource "as-is" with no warranties, representations or undertakings whatsoever, express or implied, and the use of that resource is entirely at the recipient’s own risk.

Liability and Indemnity

  • To the extent permitted by law, each of the donor, arts@work and AbaF, their officers, employees or agents, are not liable to the recipient or any person associated with, or employed by, the recipient in respect of, any loss, damage, cost or expense incurred by the recipient (whether directly or indirectly) (Loss) in connection with any use of stuffBank or any donated resource obtained in connection with stuffBank.  To avoid doubt, Loss includes any financial loss or consequential loss, lost opportunity, profits, revenue, goodwill or business or business opportunity.
  • To the extent permitted by law, the above limitation applies even if the donor, arts@work and AbaF, their officers, employees and agents (or any of them) are expressly or implicitly advised of the possibility of such Loss.  The recipient releases, and will not claim against, the donor, arts@work or AbaF, their officers, employees or agents in respect of such Loss.
  • The recipient indemnifies, releases and holds each of the donor, arts@work and AbaF, their officers, employees or agents, harmless from and against all claims (including any claim in negligence) and in respect of and Loss.

Use of Information

  • Any personal information collected in connection with the stuffBank register is handled in accordance with arts@work and AbaF’s Privacy Policies which are available on the websites www.arts.tas.gov.au and www.abaf.org.au
  • All parties acknowledge and agree that, unless otherwise specified on a Registration Form, arts@work and AbaF may use the personal information which a donor or a recipient provides to send a donor or recipient information about other services and activities provided by arts@work and AbaF from time to time.

Amendment of Terms

  • arts@work and AbaF may in their sole discretion and without giving prior notice, amend the terms and conditions of the use of stuffBank.  Amended terms and conditions will be posted on the website.  All amended terms and conditions will automatically be effective 30 days after they are posted on the website.



By clicking on the link below, I confirm that I have read and accepted the above terms and conditions.


Click here to view current stuffBank listings.