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Terms of Use

Pick My Project is an Engage Victoria initiative. Engage Victoria is the Victorian Government's community consultation platform and provides an opportunity for Victorian residents to be involved in public decisions that affect them.

Pick My Project is a community grants program, with $30M available to fund local projects. Come up with a project idea, vote for your favourites and make your community an even better place to live.

Who Are We?

In these Terms of Use (including in the Community Guidelines and the Privacy Policy) a reference to ‘us’, ‘we’ or ‘our’ is a reference to the Crown in the right of the State of Victoria and includes its agents, instrumentalities, officers and employees from time to time.

Submitting a project

Funding Discretionary

Notwithstanding any other policy, guideline or statement found on the Pick My Project platform, the assessment of any Pick My Project application and any decision to approve funding is a decision for the State of Victoria in its absolute discretion.

All decisions of the State of Victoria in relation to a Pick My Project application and assessment process is final. In particular:

  • the State may treat an application as invalid and not consider it if it is received late, it is incomplete, it is not reasonably able to be understood, or it does not comply with these Terms of Use or any guidelines or policies available on the Pick My Project platform;
  • the State may request that an applicant or a user confirm the details in their application or registration (including by requesting an applicant or a user to prove their identity and place of residence);
  • the submission of an application does not guarantee funding and a successful applicant may not be granted the amount of funding they requested; and
  • the State may extend, cancel or amend the process for applying for funding at any time without an applicant’s consent.

The State of Victoria will not negotiate its decision in relation to funding applications or the conditions of any funding that is granted.

State Not Liable for Claims Arising from Application or Registration

The State of Victoria will not be liable for:

  • any action or claim that an applicant or a user might bring in relation to an application for funding or its assessment or a registration on the Pick My Project platform;
  • any loss or damage, including indirect and economic loss, which an applicant or user might suffer in the course of applying for or accepting the provision of funding or using the Pick My Project platform; and
  • any personal injury suffered in the course of applying for or accepting the provision of funding or using the Pick My Project platform.

The above does not apply to any liability that the law does not allow the State of Victoria to exclude.

Applicants must pay all costs associated with their application. Users must pay all costs associated with their registration. The State will not be responsible for paying any of those costs.

No Binding Agreement

No binding agreement, legal relationship or other understanding for the supply of funding will exist between the State of Victoria and any applicant or user unless and until they have signed a formal written funding agreement.

Using this site

By accessing and using this site, you are agreeing that you understand and accept these Terms of Use, which include our Privacy Policy and Community Guidelines. Please read all the terms carefully. If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms of Use.

Who can use this site?

Everyone who has internet access and a web browser is able to visit the Pick My Project site. If you would like to participate in interactive components such as submitting an application, commenting or voting on issues, you may need to register.

These Terms of Use apply to everyone who uses the site, regardless of whether or not you are a registered user.

Registering with Pick My Project

If you decide to register with Pick My Project, you will be asked to provide information about yourself. How we protect and use your information is explained in our Privacy Policy. We will rely on the information you provide when you register. We will assume it is accurate and current unless you notify us that it has changed. Any changes to your information can be done through logging into the Pick My project website.

Any user suspected to be providing misleading information, misrepresenting their identity or misusing the service will have their registration suspended. The right to suspend a registration is at our sole and unfettered discretion.

When you register with Pick My Project, we will ask you to choose a password. Please do not tell anyone else your password as you are solely responsible for all activities that occur on this service through your account.

If you believe your account has been compromised or hacked, please inform us immediately by Contact Us  so we can take appropriate action.

Posting content on Pick My Project

If you have registered with Pick My Project you can upload content to the platform.

There are some rules about what you can and cannot post on the site. These rules are explained in the Community Guidelines. By agreeing to these Terms of Use you also agree to comply with the Community Guidelines. It is important to us that the Pick My Project website is suitable and safe for everyone who is using it. Therefore, if you violate these Terms of Use (including Community Guidelines) we may suspend your account or ban you from using the site. The right to suspend your account or ban you from using the site is at our sole and unfettered discretion.

Unless otherwise stated by us, the content that you post to Pick My Project will be visible to all registered and unregistered users of the service. We do not guarantee any confidentiality in relation to the public content that you post on Pick My Project.

Do we monitor the content posted on Pick My Project?

We monitor the content posted on Pick My Project on a regular basis, but it is not possible to monitor all content submitted to the website at all times. This means that from time to time you may see inappropriate content on the site before we can remove it in accordance with the Community Guidelines. If you wish to report content that you believe is inappropriate, you can do so by using a reporting function or by emailing us at Contact Us.

Although we monitor public comments to the site, we do not assume responsibility for third-party content posted on the service. We do not make any warranties, express or implied, as to the timeliness, integrity, accuracy, appropriateness, legality, reliability or quality of the content posted on Pick My Project.

The content posted by agencies, by the public and by other stakeholders to Pick My Project does not necessarily reflect the position, policies or views of the Victorian Government.

When will we edit and remove content from Pick My Project?

You understand and agree that we have ultimate editorial control over the site and may edit, remove or exercise our discretion not to publish any content from the site at any time for any reason. Without limiting this right, where we identify content that is inaccurate, offensive, inappropriate or contravenes the Community Guidelines or any other terms in these Terms of Use, we may delete the content.

If you violate these Terms of Use (including the Community Guidelines), then we may suspend your account or ban you from using Pick My Project.

Who is responsible for the content posted on Pick My Project?

All of the content that an individual posts to the Pick My Project site is their sole responsibility. Pick My Project is not responsible for the content that is posted by users to the service. Pick My Project does not endorse the views or material contained in the contributions of members of the public or third party sites and is not responsible for the content, availability or performance of external sites linked to or hosting the service.

We do not accept responsibility or liability for, arising from or in connection with content posted on the site.

What if you don’t like the content in Pick My Project?

If you object to any content in Pick My Project due to it being inaccurate, offensive, inappropriate or contravening the Community Guidelines or any other Terms of Use, please Contact Us.

All reports will be evaluated and if your objection is upheld the content will be hidden from public view. Please note that we reserve the exclusive right to make the final determination of what is inaccurate, inappropriate or offensive. If we do not uphold your objection, we will communicate to you why your objection was not upheld provided that we have your valid contact information.

What if Pick My Project isn’t working?

Access to Pick My Project relies on internet and network technologies outside of our control. We do not guarantee that you will be able to continually access the service without interruption.

We are not liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties or malfunction in equipment or software. If you have difficulties accessing Pick My Project please Contact Us.

Cancelling your registration

Contact Us if you have registered with Pick My Project but no longer wish to be registered, requesting a cancellation of your registration.
All of the terms in these Terms of Use (including the Community Guidelines and Privacy Policy) survive the cancellation of your registration.

Cancelling your subscription to Pick My Project newsletters

You can choose to receive updates from Pick My Project by email. If you then change your mind, you can unsubscribe at any time by following the process set out in the emails that we send you.

Links to other websites

Pick My Project may contain links to websites which are not controlled or owned by us. Those websites have their own terms and conditions of use and you should familiarise yourself with them.

We are not responsible or liable for the availability or content of any website linked to or from the Pick My Project that is not owned or controlled by us.

All websites linked to or from Pick My Project are linked “as is” and we do not:

  • sponsor, endorse or necessarily approve of any content on those websites;
  • make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any content on those websites;
  • make any warranties or representations that content on those websites does not infringe the intellectual property rights of any person anywhere in the world;
  • authorise the infringement of any intellectual property rights contained in material on those websites;
  • make any warranties or representations regarding how other websites might retain or use your information if you provide your information to them directly or via cookies placed on your computer by them; or
  • make any warranties or representations regarding whether other websites are free from viruses or malware and do not accept any responsibility for damage or loss caused by any such virus or malware.

We do not agree to any conduct associated with a linked site which may be unlawful or an infringement of rights.

Other important terms

  • The content of Pick My Project is provided for fulfilling the Pick My Project initiative of registration, project submission and project voting.
  • Information and data is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy and currency of its content.
  • We make no representations, express or implied, as to the accuracy of the information and data or the suitability of such information and data for any particular purpose contained on the Pick My Project site.
  • We make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on Pick My Project or any linked website into another language.
  • If you use automatic language translation services in connection with Pick My Project you do so at your own risk and we make no representation, express or implied, as to the accuracy or usefulness of any translation of the information on Pick My Project.
  • We make no representations, either express or implied, as to the suitability of the service and any information and data or reliance placed on it (including translated information and data) for any particular purpose.
  • We accept no liability whatsoever arising for any loss resulting from the use of the Pick My Project site.
  • We accept no liability for any interference with or damage to your (or any other user’s) computer, software or data occurring in connection with or relating to the Pick My Project site or its use or any website linked to the Pick My Project site.
  • Without limiting the above, to the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages resulting from your access to, use of, or inability to access or use the Pick My Project site, for any lost profits, data loss, or cost of procurement or substitute goods and services or for any conduct or content of any third party on the Pick My Project site.
  • We will not become involved in disputes between you and other users of the Pick My Project site.
  • We specifically disclaim any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing or course of performance or use of the Pick My Project site.
  • We do not provide any warranties around any information (oral or written) obtained by you from the Pick My Project site.
  • We disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information on the Pick My Project site being inaccurate, incomplete or otherwise misleading in any way
  • We may use technology to protect the security of communications made through the Pick My Project site. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communication made through the Pick My Project site.

Please ensure that you keep your own copies of your content, as Pick My Project may not archive, store or back-up your content to make your content accessible online. We will however retain any communications that you send to us in accordance with the Public Records Act 1973 (Vic) and will store this information in a secure area within our message services system and will use it in accordance with that Act or as required or authorised by law.

Indemnification and Release

If you do something which results in us being sued or if you do not comply with what you have agreed to in these Terms of Use (including the Community Guidelines and the Privacy Policy), you agree to indemnify and hold us harmless from all costs, losses, liabilities, claims, expenses and all other outgoings of whatever kind suffered or incurred by us (including our legal costs) that arise from or relate to your use of the Pick My Project site. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnity clause. If we do so, you agree that you will cooperate and help us to assert any defences.

You agree to release and discharge us, to the full extent permitted by law, from all actions, proceedings, claims or demands for costs and damages however arising which you may have at any time against us arising out of or related to your use of the Pick My Project platform.

Suspension or Termination of Access

We can suspend or terminate your access to the Pick My Project platform at our sole discretion at any time with or without providing you with notice.

Intellectual Property

You confirm that you own or have the right to use any copyright material included in your content and that you are not infringing any person’s rights by submitting the content to Pick My Project.

All intellectual property in the content of the Pick My Project platform (except for the content submitted by you and other users including other government agencies) including without limitation the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us and are protected by law, including but not limited to the Copyright Act 1968 (Cth). Pick My Project may also contain third party material that is protected by law.

By agreeing to these Terms of Use, you agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, licence to use, copy, modify and otherwise deal with the intellectual property (including but not limited to copyright) in all of the content submitted by you using the Pick My Project platform.

Moral Rights Consent

To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any content, to any act or omission that would otherwise infringe any moral rights in any content which is transmitted by you onto the Pick My Project site whether occurring before or after a consent is given. You agree that you must not institute, maintain or support any claim or proceeding against us for infringement of any of your moral rights (or the moral rights of any third person) arising from the transmission of content through use of Pick My Project.

You agree that you must sign documents and do all acts and things reasonably required by us for the purpose of giving effect to our rights in relation to your moral rights consent.

Applicable Laws

Your use of Pick My Project and these Terms of Use (including the Community Guidelines and Privacy Policy) will be governed and construed by the laws of the State of Victoria, which shall have exclusive jurisdiction over any disputes. Any claim relating to use of the Pick My Project platform will be heard by the courts of Victoria, Australia.

If you access Pick My Project from a location outside of Victoria, you do so on your own initiative and are responsible for compliance with applicable local laws and Victorian laws.

Variation

We may revise these Terms of Use (including the Community Guidelines and the Privacy Policy) at any time and with or without notifying you. The updated Terms of Use (including the Community Guidelines and the Privacy Policy) will apply to you from the time that they are posted on the Pick My Project. You should visit this page from time to time and review the current Terms of Use.

We may modify or discontinue any information or features that form part of the Pick My Project platform any time, with or without notice to you, and without liability.

Severance

If any part of these Terms of Use (including the Community Guidelines and Privacy Policy) is determined to be unlawful, void or for any reason unenforceable, then that part is deemed severable from these Terms of Use and does not affect the validity and enforceability of the remaining parts.

Entire Agreement

These Terms of Use (including the Community Guidelines and the Privacy Policy), as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of the Pick My Project website

Assignment

You may not assign any of your rights to use the Pick My Project platform to anyone. If we find that you have done so, we reserve the right to suspend or delete your account with Pick My Project and take further action if warranted.