These terms and conditions (Terms and Conditions), together with the IREN Community Grants Program application form (Application Form), govern participation in the IREN Community Grants Program (Program).
The Program consists of a funding pool (Fund) established to support local initiatives that deliver community benefits in the areas of community participation, sustainability, safety, technology, and learning.
By submitting an Application Form, each applicant is deemed to have read, understood and agreed to be bound by these Terms and Conditions.
The Program is administered by Podtech Data Centers Inc. (IREN), which reserves the right to determine the interpretation and application of these Terms and Conditions.
Any information or materials relating to the Program other than these Terms and Conditions and the Application Form - including, without limitation, content published on the IREN website or in marketing or promotional materials - are provided for general information purposes only and do not form part of these Terms and Conditions (unless expressly stated otherwise in these Terms and Conditions or by IREN in writing).
Who is eligible to apply
Applications for funding under the Program (Applications) will only be accepted from organizations (for example community groups, not-for-profit entities, schools, sporting organizations, food banks etc) and not individuals.
Applications will be considered from applicants that:
deliver social or environmental projects or services to residents in the community in which IREN operates;
pursue objectives of significant and demonstrable benefit to the local or regional community; and
best address the criteria outlined in the Application Form.
How and when to apply
Application opening and closing dates are listed in the Application Form (Application Period).
Applications must:
be made using the online Application Form;
be received by IREN within the Application Period;
be made directly by the applicant (applications on behalf of third parties will not be accepted);
identify specific objectives or problems and present respective plans and solutions;
show that the project is planned around an achievable timetable and budget;
demonstrate that the project is directed at solving problems sustainably rather than providing short-term relief from symptoms or long-term dependency;
build-in reporting and evaluation of the proposed project; and
address any other matter set out in the Application Form.
Only one Application may be submitted for each applicant for each Application Period.
Applicants must not submit original versions of documents or other materials in support of their Application Form, as IREN will not return (and may destroy) supporting materials. IREN will not be responsible for loss or damage to such supporting materials.
Notwithstanding any other provision of these Terms and Conditions, IREN may at its discretion accept or reject any Application, including late or incomplete Applications, or consider any Application outside the Application Period.
Assessment of your application
The procedure for assessing Applications is intended to operate as follows:
IREN will assess Applications based on considerations of the content of the completed Application Form, the satisfaction of eligibility criteria, the relative merit between applicants, the requirements of these Terms and Conditions, and any other matter (without limitation) of which IREN is aware or chooses to inform itself.
Any decision to grant or not grant an award from the Fund in relation to any Application will be made at IREN's discretion.
IREN will endeavour to notify applicants by mail or email within eight weeks of the end of the Application Period. IREN may extend the period for considering Applications and notifying applicants at its discretion.
IREN will not be required to provide reasons for any decisions made in relation to its assessment of any Application, or the amounts it proposes to award under the Fund, or the manner in which the award is granted.
IREN may, at any time, request additional information from any applicant, verify any information provided in an Application, or make such inquiries as it considers appropriate, and may take into account any failure to provide such information in its assessment.
IREN may, at its discretion, depart from, vary, or modify the processes set out in this Section 4, or adopt an alternative assessment process, including without limitation applying different treatment to separate Applications.
Provision and usage of funds
IREN will send successful applicants (Recipients) a written offer for a grant from the Fund (Letter of Offer) and a funding agreement (Funding Agreement).
Recipients must sign and return the Letter of Offer and the Funding Agreement before any funds are distributed.
Awards will be made to Recipients from the Fund in accordance with these Terms and Conditions, the Letter of Offer and the Funding Agreement. Notwithstanding the foregoing, IREN retains discretion in relation to all decisions concerning the allocation of awards and is not bound to make any award.
Without limitation, funding may be granted as a one-off payment or as ongoing payments, subject to the satisfaction of any milestones imposed and determined by IREN in its discretion, and in such amounts as IREN determines in its discretion.
The funding granted to Recipients by IREN must be used solely for the approved purpose as set out in the Application Form and Letter of Offer (Approved Project).
Recipients must prepare and maintain accurate and complete written records relating to the expenditure of the funding granted for the Approved Project (Project Records) including without limitation: All Project Records must be made available to IREN or its authorized representative at all reasonable times for inspection, audit or reproduction for a period of at least seven (7) years from the date of the grant of funding.
financial records; and
written reports on the progress and results of the Approved Project, including details of funding expenditure.
Recipients who receive two (2) or more consecutive years of funding under the Program are required to supply an annual report in the form required by IREN. Continued funding will depend on the progress of the Approved Project(s) and the achievement of stated objectives.
Expenditure of the funds granted must be completed within twelve months of the Recipient's receipt of funds from IREN unless a later date is approved in writing by IREN (Funding End Date). Recipients must repay any amounts which are not used within this time to IREN no later than 14 days following the Funding End Date unless otherwise agreed in writing by IREN.
Recipients must prepare and provide to IREN a written summary of the outcomes of the Approved Project (Project Outcome Report). This report:
may be provided in any format acceptable to IREN (including email); and
must be submitted to IREN: whichever is earlier.
within four (4) weeks of the end date of the Approved Project; or
Seven (7) months of the Recipient's receipt of funds,
Failure to supply the Project Outcome Report will automatically disqualify a Recipient from applying for funding in future Application Periods.
Without limitation, IREN may impose such conditions precedent to the payment of any funding as it determines in its discretion, and may withhold or delay payment until such conditions are satisfied to its satisfaction.
Withdrawal or repayment of funds
IREN may at any time and in its discretion, suspend, withdraw, cancel or require the repayment of all or any part of the funding provided to a Recipient in any of the following circumstances:
the Recipient breaches these Terms and Conditions;
the funding is not used, or is not capable of being used, solely for the Approved Project;
the Approved Project is not completed, is delayed, or is not carried out in a manner consistent with the Application Form, Letter of Offer or these Terms and Conditions;
any information provided by the Recipient in connection with its Application or the Approved Project is false or misleading;
the Recipient ceases to operate, becomes insolvent or is otherwise unable to carry out the Approved Project;
the Recipient fails to provide any report, information or documentation required by IREN;
IREN forms the view that the Recipient or the Approved Project may bring IREN into disrepute or otherwise adversely affect IREN's reputation or interests; or
any other circumstance arises which, in IREN's reasonable opinion, justifies such action.
If IREN exercises its rights under this clause 6, the Recipient must on written notice from IREN, repay to IREN any amount of the funding specified in the notice within 14 days.
If, at any time, the Approved Project is no longer able to be carried out, or cannot be completed in the manner described in the Application Form or Letter of Offer, the Recipient must notify IREN in writing as soon as reasonably practicable and must return to IREN any unspent portion of the funding to IREN within 14 days of giving such notice, unless otherwise agreed in writing by IREN.
IREN may, in its discretion, approve a variation to the Approved Project, subject to such conditions as IREN determines.
Promotion of Recipient and IREN
As a condition of receiving a grant from the Fund, and regardless of the amount awarded, Recipients must acknowledge IREN's financial support of the Approved Project. Such acknowledgement must include either the display of the IREN logo or a written statement confirming that IREN has provided funding, and must appear in any materials, publications, communications or promotional activities relating to the Approved Project, where reasonably practicable. IREN will provide the Recipient with applicable acknowledgement guidelines and branding assets, including logos.
All advertising, signage, media releases, and other promotional material that contain the IREN logo must be submitted to and approved by IREN prior to its production and release. The Recipient must not use IREN intellectual property (including without limitation its branding or logo) for any purpose unrelated to the Approved Project or in a manner that does not comply with these Terms and Conditions or the terms set out in the Offer Letter or Funding Agreement. The Recipient must compensate IREN for any loss or damage suffered by IREN as a result of any such unauthorized use.
IREN may promote the Fund and any Recipient. Recipients agree to be included in various promotional, media, communication, and marketing material and will cooperate with IREN in promoting the Program.
General Conditions
Recipients must comply with all applicable laws, regulations and approvals in connection with the Approved Project and the use of any funding provided under the Program.
Applicants and Recipients acknowledge that they have not relied on any statement, representation, warranty or undertaking made by or on behalf of IREN other than as expressly set out in these Terms and Conditions or the Offer Letter.
Recipients must keep and maintain adequate insurance (including without limitation public liability insurance) for the activities carried out by the Recipient in relation to the Approved Project, against any claims for loss or damage to property and injury or death to persons.
To the extent permitted by law, IREN and its directors, officers, employees, and agents will not be liable for any loss, damage, or personal injury suffered or sustained in connection with a Recipient's use of funding granted under the Program.
Applications must not infringe the intellectual property rights of any person or entity, and Recipients indemnify IREN against any claim alleging that IREN's use of information provided by the Recipient infringed the intellectual property rights of any person or entity.
A Recipient must not assign, transfer or otherwise deal with its rights or obligations under these Terms and Conditions without the prior written consent of IREN.
Nothing in these Terms and Conditions or otherwise creates any relationship of partnership, joint venture, agency or employment between IREN and any applicant or Recipient.
Interpretation
Nothing in these Terms and Conditions, the Application Form or any other materials relating to the Program gives rise to any legally binding obligation on IREN to make any grant or provide any funding, and participation in the Program does not create any contractual or other legal relationship between IREN and any applicant or Recipient, except to the extent expressly set out in a fully executed Offer Letter or Funding Agreement.
IREN may, at any time, amend, vary, suspend or terminate the Program, the Fund, or these Terms and Conditions, in whole or in part, with or without notice.
Without limitation, any right, determination, decision, approval, opinion or discretion of IREN under or in connection with these Terms and Conditions, the Application Form, the Letter of Offer or the Funding Agreement is to be exercised in IREN's sole and absolute discretion, and may be exercised by IREN at any time and for any reason, with or without notice and without providing reasons.
In the event of any inconsistency or conflict between these Terms and Conditions, the Application Form, the Letter of Offer and any Funding Agreement, the following order of precedence will apply: these Terms and Conditions, the Offer Letter, the Funding Agreement, and then the Application Form.
These Terms and Conditions are governed by and construed in accordance with the laws of British Columbia and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction.