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Introduction

  1. The ACNC Charity Portal (Portal) is a way to manage your charity obligations with us online. You can sign in to apply to register a not-for-profit as a charity, update your charity’s information, notify us of certain changes, and submit your Annual Information Statements.
  2. These Terms of Use describe what you need to know and understand about your rights and responsibilities as a user of the Portal.
  3. By signing up to or using the Portal, you are agreeing to:
    1. be bound by these Terms of Use, and
    2. comply with your responsibilities, as set out in these Terms of Use.

Your responsibilities

Registering, using and protecting your Portal account

  1. To register, you must sign up to the Portal with your own unique or personal email address. Sharing accounts using an email address that is shared with others is only allowed with the permission of the ACNC and in limited circumstances (see exceptions - further below).
  2. You must set your own password and not share the password.
  3. You must maintain the confidentiality of your login email and password.
  4. You must not access, or try to access, any other individuals’ Portal account nor allow another person to access your individual account.
  5. You agree to the ACNC treating any access to the Portal via the registered email address as authorised by you.
  6. You agree you are solely responsible for your use of the Portal and you will protect access to the Portal by:
    1. maintaining the confidentiality of the login credentials (email and password)
    2. keeping contact details in the Portal up to date
    3. taking reasonable steps to prevent and detect unauthorised access to your Portal account
    4. only providing information that is complete, true and correct, to the best of your knowledge, when submitting forms via the Portal
    5. not attempting to circumvent security features of the Portal, including but not limited to our multi-factor authentication requirements
    6. not using the Portal to impersonate another person or misrepresent your affiliation with any charity
    7. not using the Portal to access information that you are not authorised to access
    8. supplying your own hardware, software and internet connection, at your own expense, to access the Portal and not damage or compromise the Portal’s operation in any way when doing so
    9. logging out immediately if you sign in to the Portal and see someone else’s name displayed in the top right-hand corner of the screen. The only way that this is possible is for you to be using someone else’s account. This situation constitutes a privacy breach, which the ACNC will respond to accordance with our data breach response plan.

Exceptions

Shared Portal accounts

  1. Shared accounts (e.g. using a generic email address) are not permitted unless you are employed by a professional services organisation and that organisation has a specific agreement with the ACNC relating to shared accounts. For more information refer to our Operational Procedure: Professional services agencies shared Portal access.
  2. Paragraph 9(i) of these Terms of Use do not apply to professional services organisations that have been authorised by the ACNC to use a shared or generic email address for Portal access (because there will not an individual’s personal information attached to the shared account only contact information about the organisation).

Use of information

  1. The ACNC may monitor access to and use of the Portal.
  2. Information collected during Portal use is logged for statistical, monitoring and service improvement purposes, including:
    1. IP address and the associated (general) location data like country and state
    2. date and time of visit
    3. general device details, such as the operating system and browser version
  3. Information is collected via the Portal for the purposes of performing our functions under the Australian Charities and Not-for-profits Commission Act 2012 (Cth) (the ACNC Act).
  4. Charity information is handled in accordance with the ACNC Act. See our Operational Procedure: Protected ACNC information for more details.
  5. Personal information is protected by law, under the Privacy Act 1988 (Cth) and handled in accordance with the ACNC Privacy Policy.

Intellectual property

  1. All content and materials within the Portal are owned by the Commonwealth of Australia unless otherwise stated. See our Copyright Notice for more details.

Liability

  1. We will not be liable to you or any other person or entity for any:
    1. unauthorised access to information in the Portal including unauthorised access using your Portal account
    2. damage to your device used for accessing the Portal, any software or systems caused by any virus, regardless of origin
    3. loss suffered because of deletion of saved information before a form is submitted
    4. indirect or consequential loss or damage, expenses, or loss of data or profits arising out of or in connection with your use of the Portal or any aspect of the Portal’s function.

Portal account suspension

  1. The ACNC reserves the right to lock, suspend or terminate access to the Portal at its discretion if we reasonably believe that you have:
    1. given information that is inaccurate, likely to cause confusion or likely to mislead the public, or
    2. breached these Terms of Use.

Changes to the Portal and these Terms of Use

  1. The ACNC may change, add or remove functionality of the Portal, or make changes to these Terms of Use at any time. Continued use of the Portal constitutes acceptance of these changes.