TERMS OF USE FOR USING MYCARESPACE | MyCareSpace

TERMS OF USE FOR USING MYCARESPACE

MyCareSpace is a free community service that connects people living with a disability, their families and carers, with easy-to-read information about the NDIS and with the disability supports they need to live full and independent lives.

We are a social enterprise whose mission is to ensure that Australians living with a disability (User) has access to the information and support they need to increase their independence and achieve their life goals. We also connect the Users with services providers who can accommodate the Users’ needs and support them in achieving these goals (Subscriber). A Subscriber may also be referred to as a Partner on the Platform, to reflect their relationship to us and that we may receive or pay a commission to this service provider.

These terms and conditions (Terms) are entered into between Access Care Australia Pty. Ltd. t/as MyCareSpace ABN 78 609 836 679 (we, us or our) and you, together the Parties and each a Party.

In these Terms, you means (as applicable) the person or entity registered with us as either a User or Subscriber or the individual accessing or using the Platform. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

1Our Disclosures

We will handle your personal information in accordance with our privacy policy, and
Nothing in these terms limit your rights under the Australian Consumer Law.

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We may amend these Terms or your Subscription at any time, by providing written notice to you;
  • Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis;
  • Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis;
  • Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis;
  • To the maximum extent permitted by law, the Subscription Fees and the Referral Fee are non-refundable;
  • Our liability under these Terms is limited to us repaying you the amount of the Referral Fees paid by you to us in respect of the supply of the MyCareSpace Services to which the Liability relates, or where there are no Referral Fees paid, $100, and we will not be liable for Consequential Loss;
  • We will have no liability for any aspect of the User and Subscriber interaction including the services offered by the Subscriber, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
  • We will have no liability for any aspect of the User and Subscriber interaction including the services offered by the Subscriber, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
  • You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms;
  • As a Subscriber, you agree to indemnify us for any Liability we incur due to our reliance on information you provide to us which may be untrue, inaccurate or incomplete;
  • We make no representation or warrant as to the quality of the services provided by the Subscriber or advertised in the Subscriber Listing;
  • We may terminate these Terms at any time by giving 30 days’ written notice to you;
  • We may receive a service fee from each Subscriber for payments made through the Platform;
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
  • Your subscription renews automatically each period until cancelled;

2Acceptance and Platform Licence

2.1 You accept these Terms by checking the box, clicking “I accept”, registering on the Platform, or using the Platform or the MyCareSpace Services.

2.2 You must be at least 13 years old to use the Platform. A parent or guardian may accept these terms on behalf of a minor who will benefit from the use of the Platform.

2.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancellations and Changes to your Subscription” clause.

2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

2.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(c) using the Platform for unlawful purposes;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.

3Accounts

3.1 You must register on the Platform and create an account (Account) to access the Platform’s features.

3.2 You may only have 1 Account as a Subscriber and 1 Account as a User on the Platform.

3.3 You must provide basic information when registering for an Account including, as relevant, your business name, contact name and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

3.4 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

3.5 All personal information you provide to us will be treated in accordance with our Privacy Policy.

3.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

3.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

3.8 If you are a Subscriber, we will review your request for an Account before approving the request. We may request additional information, including your insurance certificate of currency and your certificate showing you are registered as an NDIS provider. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

3.9 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

3.10 When you create an Account, you must also select a Subscription (Subscription). You may choose between different tiers of Subscription with different services and different Subscription periods as set out on our Platform.

4Platform summary

4.1 The Platform is a marketplace where Users and Subscribers can find each other and buy and sell services online that aid Users in fulfilling their needs. We provide the Platform to Users (including hosting and maintaining the Platform), create and distribute the provider directory, allow for social networking and discussion forums, provides news and blogs to further people’s understanding of the NDIS and host an e-market for disability services and products (together the MyCareSpace Services). You understand and agree that we only make available the MyCareSpace Services. We are not party to any agreement entered into between a User and a Subscriber and we have no control over the conduct of Subscribers, Users or any other users of the Platform.

4.2 A Subscriber wanting to provide services creates an Account on the Platform and posts an accurate and complete description of the services they can provide and their location and available times (Subscriber Listing). We make no warranty or representation about the quality of the services provided or advertised in the Subscriber Listing.

4.3 While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site, to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the content.

4.4 A User wanting to receive services creates an Account on the Platform to view and browse Subscriber Listings.

4.5 User may request the services described in a Subscriber Listing by sending a request through the Platform. The request is an offer from the User to the Subscriber to book the services described in the Subscriber Listing (Request).

4.6 Subscribers must contact the User listed in the Request within 48 hours of receipt of the Request. If, as a Subscriber, you do not make contact within that time, due to an inability to make contact or you do not wish to accept the Request, you must notify us via email or via the Platform immediately and agree that another Subscriber can be recommended to the User by us, without any Liability owing to you.

4.7 By accepting a Request, the Subscriber confirms that it is legally entitled to and capable of supplying the services described in the Request.

4.8 Users and Subscribers may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

4.9 We do not give any advice as to the appropriateness or suitability of Subscriber's goods or services for you. It is solely the User’s responsibility to ensure that the services you obtain through the Site, including any Subscriber's goods or services meet your requirements.

4.10 Any ongoing contractual relationship between a User and a Subscriber is one made solely between those parties and will result in no Liability on us.

5Promotional Opportunities and Discount Codes

4.9 We do not give any advice as to the appropriateness or suitability of Subscriber's goods or services for you. It is solely the User’s responsibility to ensure that the services you obtain through the Site, including any Subscriber's goods or services meet your requirements.

5.1 As a Subscriber, you may choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

6Communication

6.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

6.2 Users and Subscribers can communicate privately using our private messaging service or offline using the listed contact details before a Request is made. Users and Subscribers must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of any fees to us.

7Subscriptions

7.1 Once you have created an Account and chosen a Subscription, if you have chosen a paid Subscription you agree to pay the Subscription fee set out on the Platform (Subscription Fee) to access and use certain features on the Platform and benefit from your Subscription.

7.2 There is no minimum term to your Subscription, and you may cancel your Subscription at any time in accordance with these Terms.

7.3 Your Subscription commences on the date you select your Subscription and will continue for a further quarter or 12 months, as set out in your account (Initial Term). On the expiry of the Initial Term, your Subscription will be automatically renewed for subsequent periods (each a Renewal Period), unless you cancel your Subscription in accordance with the “Cancellations and Changes to your Subscription” clause.

7.4 Unless your Subscription is suspended or terminated in accordance with these Terms, your Subscription will roll over on an ongoing quarterly or annual basis as set out in your Account, and you will be charged the same Subscription Fee each period as set out in your Account (Payment Date).

7.5 Cancellations and Changes to your Subscription: If you wish to cancel or change your Subscription (for example, by upgrading to a different Subscription tier), you must provide notice to us through your Account or via an email sent to cancellations@mycarespace.com.au that you wish to cancel or vary your Subscription at least 14 days before the next Payment Date. If you vary your Subscription and the Subscription Fee also varies, you will be charged the new Subscription Fee on the next Payment Date.

7.6 To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.

7.7 We may need to change the Subscription (for example, the inclusions and exclusions) and Subscription Fee from time to time. If we change your Subscription or Subscription Fee, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the new Subscription Fee to your existing payment details for all future Payment Dates, and your Subscription changes will take effect on the same date. If you do not agree with the new Subscription or Subscription Fee, you may cancel your Subscription in accordance with these terms.

8Payments

8.1 In consideration for providing referrals of Users to Subscribers and subject to a properly executed referral agreement with us, we will charge the referral fees to the Subscriber as set out on the Platform (Referral Fee). The Referral Fee will be paid to us in accordance with the Subscriber’s Subscription or in accordance with any other properly executed agreement between us and the Subscriber.

8.2 The payment methods we offer for the Subscription Fees and for the Referral Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

8.3 You must not pay, or attempt to pay, the Referral Fees or the Subscription Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

8.4 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).

9Refunds and Cancellation Policy

9.1 The cancellation, variation, or refund of any services ordered on this Platform is strictly a matter between the relevant User and Subscriber. Should the Subscriber and User agree to a refund of any fee paid by the User for the services provided by the Subscriber, both the Subscriber and User acknowledge and agree that to the maximum extent permitted by law, our Referral Fee is not refundable.

9.2 For disputes between Users and Subscribers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

9.3 This clause will survive the termination or expiry of these Terms.

10Reviews

10.1 Users may review their experience with the Subscriber on the Platform, including the services (Review).

10.2 Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

10.3 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

10.4 You can write a Review about a Subscriber if you have had an experience with that Subscriber, which means that (1) you have engaged the Subscriber through the Platform; or (2) you can otherwise document your interaction with the Subscriber in relation to the Platform, including via correspondence (collectively referred to as a User Experience).

10.5 You may not write a review about a Subscriber you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Subscriber, or work for the Subscriber. Similarly, you may not write a Review about a direct competitor to the Subscriber that you own, are employed by or work for.

10.6 Your User Experience must have occurred in the 12 months prior to you writing a Review.

10.7 You may only write about your own User Experience. You are not permitted to write a Review about somebody else’s User Experience, such as that of a family member or friend.

10.8 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Subscriber to write a Review, you should include information about this in your Review. Incentives include the Subscriber offering you a gift, reward, discount or advantage for writing a Review about the Subscriber on the Platform.

10.9 This clause will survive the termination or expiry of these Terms.

11Complaints

11.1 Users may wish to make a complaint about their experience with a Subscriber on the Platform (Complaint).

11.2 As a User, we encourage you to contact the Subscriber directly to resolve your Complaint. This can be done via the Platform, and we may be notified that you have made a Complaint, or by off-Platform communication channels. If you are not satisfied with the Subscriber’s response, you can make a complaint to the NDIA, by visiting their website to fill in their complaints form. If necessary, you may also contact us about your Complaint using the details available at the end of these Terms.

11.3 As a User, if your Complaint involved an incident or injury suffered by you during your experience with a Subscriber, you agree to immediately notify us. We may ask you to participate in any investigation in relation to the incident and injury and/or provide more information.

11.4 As a Subscriber, you acknowledge and agree that any Complaints will be reviewed and investigated by us. You agree to provide us with all assistance necessary to undertake the relevant investigation. We reserve the right to pause your subscription until the matter is resolved.

12Intellectual Property

12.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

12.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

12.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

12.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

12.5 This clause will survive the termination or expiry of these Terms.

13Content you upload

13.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

13.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

13.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

13.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

13.5 This clause will survive the termination or expiry of these Terms.

14Warranties

14.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete and you agree to notify us as soon as practicable if any information you have previously provided is no longer true, correct or complete;

(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

(e) where you are a Subscriber, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Subscriber Listings;

(f) where you are a Subscriber, you will respond to the Complaints of Users in a professional and timely manner;

(g) where you are a Subscriber, you will effect and maintain all insurances reasonably required for you to supply your services to Users, consistent with industry standard practice and will provide copies of these insurances to us, as reasonably requested;

(h) where you are a Subscriber, you will effect and maintain an appropriate registration as a provider under the NDIS and will provide us with a certificate of registration. If at any time you are unable to provide us with this certificate of registration, we may suspend or terminate your Subscription;

(i) where you are a Subscriber, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and

(j) where you are a Subscriber, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.

15Australian Consumer Law

15.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

15.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

15.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

15.4 As a User, the services provided by a Subscriber may also confer on you certain rights under the ACL.

15.5 This clause will survive the termination or expiry of these Terms.

16Exclusions to liability

16.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) any aspect of the User and Subscriber interaction including the services offered by the Subscriber, the description of the services requested or offered, any advice provided, the performance of services or; and

(b) any event outside of our reasonable control.

16.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.

16.3 As a Subscriber, you agree to indemnify us for any Liability we incur due to our reliance on information you provide to us which may be untrue, inaccurate or incomplete.

16.4 This clause will survive the termination or expiry of these Terms.

17Limitations on liability

17.1 To the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the MyCareSpace Services to you or, in our sole discretion, to us repaying you the amount of the Referral Fees paid by you to us in respect of the supply of the MyCareSpace Services to which the Liability relates, or where there are no Referral Fees paid, $100.

17.2 This clause will survive the termination or expiry of these Terms.

18Suspension and Termination

18.1 If you are a User, your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

18.2 If you are a Subscriber, your Account and these Terms may be terminated by you at any time by giving 14 days written notice to us.

18.3 We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

18.4 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

18.5 As a Subscriber, if you repeatedly receive reviews below 3 stars, then this will be considered a breach of a material term for the purpose of the above clause. We may also suspend or terminate your Subscription where we have received Complaints from users or customers. The reception of any number of Complaints will be considered a breach of a material clause for the purpose of the above clause.

18.6 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

18.7 Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;

(b) we will immediately cease providing the MyCareSpace Services;

(c) you agree that other than where termination is due to our Termination for Convenience and to the maximum extent permitted by law, any payments made by you to us (including any Subscription Fees and Referral Fees) are not refundable to you;

(d) where you are a User, we will cancel any existing Requests;

(e) where you are a Subscriber, we will cancel any existing Requests; and

(f) where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).

18.8 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

18.9 This clause will survive the termination or expiry of these Terms.

19Subscriber insurance

19.1 As a Subscriber, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Users. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

20General

20.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

20.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

20.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a User, or by a Subscriber.

20.4 Disputes:In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, or termination) () between a User and us, or a Subscriber and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. validityDisputeplace

20.5 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, and agreements, in respect of its subject matter.commitments

20.6 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and your obligations under it.

20.7 Governing law: These Terms are governed by the laws of NSW. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

20.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.email, and

20.9 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

20.10 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the MyCareSpace Services to you, including on our website or in our promotional material.

20.11 Relationship of Parties: These Terms are not intended to create the legal entity of a partnership, joint venture, nor is it intended to create an employment or agency relationship between the Parties.

20.12 Severance: If a provision of these Terms is held to be void, invalid, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.illegal

20.13 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a website linked from the Platform, such third party provides the goods and services to you, not us.endorsethird party We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform () or for featuring certain products or services on the Platform. We may also pay a commission to certain service providers, known as Partners. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.Affiliate Link

21Definitions

21.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

21.2 Intellectual Property means any copyright, registered or unregistered designs, patents or , domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.trade marks

21.3 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

21.4 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of rights including any Intellectual Property Rights of third parties).third party

21.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, or contingent and whether involving a third party or a party to these Terms or otherwise.future

21.6 NDIA means the independent government organisation responsible for the management and operation of the NDIS.

21.7 NDIS means the national disability insurance scheme developed by the Australian Government under the National Disability Insurance Scheme Act 2013 (Cth), to assist people with disabilities to obtain support services.

For any questions or notices, please contact us at:

Access Care Australia Pty. Ltd. t/as MyCareSpace and A-List ABN 78 609 836 679 The

Email: info@mycarespace.com.au

Last update: 29 August 2023

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