Diversity Council Australia

Terms and Conditions

Image
Please read these terms of use carefully as they apply to your participation in the Inclusion@Work DCA Member Index (DCA Member Index). By signing, your organisation as a Participant Organisation, agrees to be bound by these terms and conditions on which the Survey will be conducted and the DCA Member Index will be prepared.
  • INCLUSION@WORK DCA MEMBER INDEX SURVEY
    1. Cultural Infusion will administer the Survey to gather information to measure, among other things:
      1. the Participant Organisation’s employees’ experiences of diversity and inclusion at their workplace; and
      2. key impact indicators of inclusion and exclusion amongst employees at the Participant Organisation.
    2. The employees of the Participant Organisation will be granted access to the Survey via a token generated by the Participant Organisation’s designated Administrator (Administrator).
    3. DCA will be solely responsible and has full discretion over the questions and other materials comprising the Survey. 
    4. The Participant Organisation must make it clear that employee or member participation in the Survey is voluntary, and not mandatory.
    5. Only Australian based employees of the Participant Organisation will be able to participate in the Survey. Should the Participant Organisation wish to administer the Survey to employees based overseas, a separate agreement will be entered into.

  • INCLUSION@WORK DCA MEMBER INDEX DASHBOARD
    1. Following completion of the Survey, the Administrator will have access to the results through a Dashboard on the Diversity Atlas platform. Administrators should maintain precautions to keep the results of the Survey safe at all times, primarily by safeguarding against unauthorised access to the admin Dashboard, which presents the results of the Participant Organisation’s Survey. 
    2. The Participant Organisation will agree to be bound by the Diversity Atlas Code of Conduct
    3. Results provided to the Participant Organisation will be aggregated and de-identified so that no personal information of any employee of the Participant Organisation is revealed. 
    4. The Participant Organisation will have access to their Dashboard results for up to one year, from June of the year the Survey was administered.
    5. Should the Participant Organisation wish to access their Dashboard and results after the initial one-year term, an administration fee will apply.

  • INCLUSION@WORK DCA MEMBER INDEX REPORT
    1. The Participant Organisation will also receive a report detailing the results of the Survey. The PDF report provided to the Participant Organisation will accurately reflect the results of the Survey but the substance and form of the report will be solely determined by DCA.
    2. The report will include a comparison between the Participant Organisation’s total aggregated results and the total aggregated results from all participating organisations (DCA Member Index Benchmark).

  • INCLUSION@WORK DCA MEMBER INDEX BENCHMARK
    1. Unless the Participant Organisation opts-out (see clause 12), results will be provided to DCA to prepare and publish the DCA Member Index Benchmark.
    2. The DCA Member Index Benchmark shall contain no personal information of any employee of the participating organisation.
    3. The DCA Member Index Benchmark will show the total aggregate results for all Participant Organisations. 
    4. The Participant Organisation will be listed as an organisation who participated in the DCA Member Index, subject to clause 12.

  • INCLUSION@WORK DCA MEMBER INDEX INCLUSIVE EMPLOYER
    1. Participants Organisations who form the DCA Member Index Benchmark will be assessed against the Inclusion@Work National Index Benchmark criteria and identified as an active and committed Inclusive Employer.
    2. DCA grants to eligible Participant Organisations a non-exclusive, non-transferable, perpetual and royalty free licence to use the DCA Inclusive Employer logo to show their commitment to diversity and inclusion.
    3. Use of the DCA Inclusive Employer logo is subject to the Inclusion@Work DCA Member Index Inclusive Employer Logo Guidelines.
    4. The Participant Organisation will be listed as an Inclusive Employer, subject to clause 12.

  • DATA SECURITY AND PRIVACY
    1. The Survey will be conducted securely and will at all times maintain the confidentiality of all material that it obtains as part of the Survey, and will use all reasonable endeavours to protect the Survey data from misuse, interferences and loss, and unauthorised access, modification and disclosure.
    2. Cultural Infusion and DCA are bound by the Australian Privacy Principles contained in the Privacy Act. All personal Information collected as part of the Survey and displayed on the Dashboard will be handled in accordance with all relevant Privacy Principles, the DCA Privacy Statement and the Diversity Atlas Privacy Policy.
    3. All confidential information held by the Participant Organisation, whether existing before participating in the DCA Member Index, or created during, is confidential and subject to these terms and conditions, including DCA’s right to publish the DCA Member Index Benchmark under clause 4.1. All participant confidential information will be kept confidential by DCA and Cultural Infusion, and will not be disclosed to any third party without the prior written consent of the Participant Organisation.
    4. All confidential information, held by DCA and Cultural Infusion including details relating to the Survey, Dashboard and Survey questions are to be treated as confidential information, by the Participant Organisation under these terms and conditions. All confidential information held by DCA and Cultural Infusion will be kept confidential by the Participant Organisation, their employees, contractors, agents and any person or company associated with the Participant Organisation and will not be disclosed to any third party, including consultants for the purposes of Diversity and Inclusion advice, without the prior written consent of DCA.
    5. In the event that a Participant Organisation is required by law to disclose confidential information of DCA or Cultural Infusion, it will as soon as practicable or permissible, inform DCA and Cultural Infusion that it is required to disclose that confidential information and provide the party with sufficient information that they may seek their own legal advice in relation to its rights to withhold or take legal action to prevent such disclosure. 

  •  INTELLECTUAL PROPERTY AND USE OF SURVEY DATA
    1. DCA, Cultural Infusion and the Participant Organisation will remain the owner of all pre-existing intellectual property material owned by it prior to the date of participation in the DCA Member Index.
    2. DCA shall exclusively own all intellectual property rights in or in respect of any materials created by the DCA Member Index including all material in the Survey, the Dashboard data and reports. 
    3. DCA grants to the Participant Organisation a non-exclusive, non-transferable, perpetual and royalty free licence to use the Participant Organisation’s results and report as provided to the Participant Organisation. 
    4. The Participant Organisation may publicly release its results of the DCA Member Index provided that it obtains the prior written consent of DCA. 

  • FEES
    1. The Participant Organisation must pay the fees, and any GST on the Fees, to Cultural Infusion.
    2. The full amount of the fees is due upon the provision of a tax invoice.
    3. Neither DCA or Cultural Infusion is required to conduct the Survey or provide the Participant Organisation with any results of the Survey unless the fees have been paid.

  • DISPUTES
    1. If any bona fide dispute arises between the two parties, (the Participant Organisation) and (DCA and Cultural Infusion) under or in relation to this agreement (Dispute), the party raising the Dispute must notify the other party, and within five Business Days of providing such notice, each party must nominate, in writing, a duly appointed representative who must use all reasonable endeavours to resolve the Dispute. 
    2. If a Dispute cannot be resolved in accordance with clause 9.1. within 10 Business Days of the first attempt to do so: 
      1. the party claiming that a dispute has arisen must give written notice to the other party formally indicating the nature of the dispute (Dispute Notice); 
      2. the parties will, within 15 Business Days of the Dispute Notice being issued, agree on a suitable mediator, failing which the parties will seek that the Law Society of New South Wales appoint a mediator; 
      3. upon the mediator being appointed, the parties will attend mediation conducted by the mediator.  
    1. The mediation must occur as soon as reasonably practicable, but no later than 20 Business Days after the date of the mediator being appointed. 
    2. At each conference, all parties must be represented by a senior executive who has authority to agree to a resolution of the dispute.
    3. The parties will participate in good faith in the mediation.  The mediation will be conducted in Sydney¸ New South Wales unless the parties agree otherwise in writing.
    4. The parties agree to bear the costs of the mediator in equal parts.
    5. If, within 15 Business Days after completion of the mediation, the parties are unable to resolve the Dispute, the parties may take whatever action they consider necessary.

  • TERMINATION
    1. If the Participant Organisation or DCA and Cultural Infusion are in material breach of its obligations, then either of the parties may give written notice to each other setting out full details of the breach.
    2. If the breach set out in a notice of default has not been remedied within 30 days of delivery of notice (or such longer period specified in the notice of default), then the party who issued the notice of default may, by further written notice, terminate the participation in the DCA Member Index with immediate effect.

  • GENERAL MATTERS
    1. These terms and conditions record the entire agreement between the parties in relation to its subject matter and supersedes any prior agreement.
    2. If a party does not exercise (or delays in exercising) any rights or obligations under this agreement that failure or delay does not operate as a waiver of those rights.
    3. A Participant Organisation must not assign its rights and obligations under these Terms and Conditions without prior written approval from DCA and Cultural Infusion.
    4. Any matters that arise under this agreement will governed by the laws of New South Wales.
    5. Any notices required to be given under this agreement must be in writing.

  • ACKNOWLEDGEMENT AND CONSENTS 
    1. The Participant Organisation consents to Cultural Infusion providing DCA with the Participant Organisation’s DCA Member Index results, for use solely as set out in under this agreement. Should the Participant Organisation wish for DCA not to have access to the Participant Organisation’s DCA Member Index Results, the Participant Organisation shall notify DCA and Cultural Infusion in writing upon payment of the invoice.
    2. The Participant Organisation consents to DCA identifying in the DCA Member Index Benchmark the Participant Organisation as having participated in the DCA Member Index. Should the Participant Organisation wish to not be listed as a participant, the Participant Organisation shall notify DCA and Cultural Infusion in writing upon payment of the invoice.
    3. The Participant Organisation consents to DCA identifying the Participant Organisation as an Inclusive Employer. Should the Participant Organisation wish to not be listed as a participant, the Participant Organisation shall notify DCA and Cultural Infusion in writing.
    4. Once the Participant Organisation has given either or both of the consent listed under 12.1. and 12.2., it may only withdraw that consent with the express written agreement of DCA and Cultural Infusion.

PARTICIPANT ORGANISATION SIGNATURE & WITNESS