General
The Volunteer agrees to provide services as a volunteer to ACIC Pty Ltd (T/A Australian College Information Centre) on the terms and conditions set out in this agreement.
Definitions and interpretation
Definitions
(i) Confidential Information includes:
(a) all information acquired or developed by the Volunteer in the course of his/her engagement;
(b) all the information designated as confidential by ACIC Pty Ltd (T/A Australian College Information Centre) or otherwise imparted in circumstances of confidence by ACIC Pty Ltd (T/A Australian College Information Centre) to the Volunteer; and
(c) trade secrets and any other material or information classifiable in law or equity as confidential information;
but does not include
(a) any information that was lawfully known to or in the Volunteer’s possession or control without restriction prior to the Volunteer’s engagement; or
(b) any information that is in the public domain, other than as a result of a breach of this agreement or other obligation of confidence.
(ii) Intellectual Property means all present and future right, title and interest in and to inventions, know-how, patents, registered and unregistered trade marks, service marks, registered and unregistered designs, copyrights, circuit layouts, domain names, internet addresses, computer programs, confidential information, trade secrets, trade or business names and brand names.
(iii) Intellectual Property Rights are the rights to the Intellectual Property.
Interpretation
In this agreement, unless the context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a clause is to a clause of this agreement;
(f) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(g) where an expression is defined anywhere in this agreement, it has the same meaning throughout.
Engagement
a. ACIC Pty Ltd (T/A Australian College Information Centre) and the Volunteer agree that the engagement is a volunteer one only. This is not an employment relationship at any time for any purpose.
b. The Volunteer will receive no payment for performing any work during the engagement and will not for any purpose become an employee of ACIC Pty Ltd (T/A Australian College Information Centre) as a result.
c. The Volunteer acknowledges that as a result, the Volunteer is not entitled to any of the payments or benefits that ACIC Pty Ltd (T/A Australian College Information Centre) provides to its employees.
Volunteer obligations and acknowledgements
The Volunteer agrees and acknowledges the Volunteer’s obligation to:
d. work within the rules, policies and facilities of ACIC Pty Ltd (T/A Australian College Information Centre);
e. accept and abide by all reasonable and lawful directions given by managers regarding role description and customer service whilst a volunteer at ACIC Pty Ltd (T/A Australian College Information Centre);
f. refrain from any conduct that would adversely reflect on ACIC Pty Ltd (T/A Australian College Information Centre);
g. not engage in any activity which is incompatible with the aims and objectives of ACIC Pty Ltd (T/A Australian College Information Centre) ;
h. comply with any and all legislation, codes or guidelines, in whatever form, that are applicable to the Volunteer; and
i. report any injury, accident or property damage the Volunteer witnesses or is aware of immediately.
The Volunteer acknowledges that:
(a) except where limited by law, ACIC Pty Ltd (T/A Australian College Information Centre) reserves the right to conduct background and/or medical checks on the Volunteer as necessary to ensure suitability for the role, and the Volunteer consents to these checks being undertaken.
Volunteer declarations
The Volunteer declares that he/she is legally entitled to be a volunteer.
Confidentiality
Unless the Volunteer has previous written consent from ACIC Pty Ltd (T/A Australian College Information Centre), the Volunteer:
j. must at all times during the volunteer period and thereafter keep confidential all Confidential Information;
k. must at all times store all Confidential Information safely and securely;
l. must not discuss sensitive information with members of the public, other volunteers, staff members or other companies;
m. must not use information gained in the course of the volunteer period to cause harm or detriment to ACIC Pty Ltd (T/A Australian College Information Centre), any person or body;
n. shall not remove the confidential information from the premises of ACIC Pty Ltd (T/A Australian College Information Centre); and
o. must immediately notify ACIC Pty Ltd (T/A Australian College Information Centre) in writing of any actual, threatened or suspected unauthorised disclosure of any Confidential Information.
Termination
This Volunteer Agreement can be terminated immediately by the Volunteer or ACIC Pty Ltd (T/A Australian College Information Centre) on the giving of written notice.
Indemnity
The Volunteer hereby indemnifies and unconditionally releases ACIC Pty Ltd (T/A Australian College Information Centre) and its officers, employees and agents from any loss suffered as a result of a breach of this agreement or for any disclosure of the Confidential Information by a person provided with the Confidential Information by the Volunteer.