TERMS OF USE FOR USING MYCARESPACE | MyCareSpace

TERMS OF USE FOR USING MYCARESPACE

By using the Website, either as a visitor or as a Subscriber, you are agreeing to be bound by the terms or conditions set out below. Please review the Terms carefully before using the Website as these terms contain warranties disclaimers and other terms which limit the liability of Access Care Australia Pty Ltd trading as ‘’MyCareSpace’’.

Any reference in this document to MyCareSpace is a reference to Access Care Australia Pty Ltd and its directors, employees, shareholders, agents and servants and the MyCareSpace Website.

The Website currently offers/will offer a number of services including, but not limited to, a provider directory, social networking, discussion forums, user generated blogs, webinars, and promotional marketing,  information on disability issues and an e-market for disability services and products.

The Website distinguishes between content generated by MyCareSpace and content which originates from Members.

The Terms and Conditions below, together with the Privacy Policy (link), set out the terms and conditions of use attaching to the Website.

Definitions

"Terms" mean the Terms of Use

"The Website" means MyCareSpace

"You" and "your" mean a user of the Website.

A "user/s" is someone who interacts with the Website either as a visitor or as a Subscriber.

"Website" refers to www.MyCareSpace.com.au

"User content" refers to content produced and published by users of the Website;

A "subscriber/ s" is specifically someone who has subscribed through the Website as a free member or in a paid capacity either as a Basic Subscriber, a Premium Subscriber or a Partnership

Subscriber - the services provided to you will depend upon the level of membership that you subscribe to;

“Services” means the services offered by the Website including but not limited to a provider directory, social networking, discussion forums, user generated blogs, webinars and promotional marketing, information on disability issues and an e-market for disability services and products,

"We", "us", and "our" refer to Access Care Australia Pty Ltd trading as ‘’MyCareSpace’’

TERMS OF USE

Acceptance Of Terms

This Agreement together with the MyCareSpace Privacy Policy constitutes the entire agreement between you and MyCareSpace and supersedes any other agreements, representations, warranties, understandings with respect to the Website, the Services and other subject matter contained herein. By accessing the Website or by viewing any content or using any services available on the Website you agree to be bound by these Terms as well as the Privacy Policy.

Changes to Terms

We reserve the right to amend these Terms and conditions at any time without notice to you. When amendments are introduced, the updated Agreement will immediately published on the Website.
It is your responsibility to check MyCareSpace.com.au from time to time to review any changes to the Terms and conditions of use. If you continue to use MyCareSpace.com.au after changes are introduced, you are deemed to have read and agreed to the amendments to the Terms and conditions of the Agreement. If you do not accept the changes please do not use the Website.

Services

The Website grants members a non-exclusive, non-transferable and revocable license to access the Website and to access the Services. Members are entitled to read, rate and write reviews (in accordance with our content guidelines) about disability service providers and to post and respond to forum posts and comment on blogs.
Published content can be viewed by all subscribers to the Website (certain content is not accessible to visitors).

The Website allows paid subscribers to view and update their profiles, respond to reviews, read and comment on blogs, and access information that relates to the Services and add information that relates to the Services.

MyCareSpace reserves the right to remove or ban access to any Member or to cancel any listing of a service provider (paid or unpaid) without notice. MyCareSpace also reserves a right of refusal to any sevice provider wanting to list on the MyCareSpace directory.

Subscriber Accounts

If you wish to access all the information categories and resources on the MyCareSpace Website you must register as a subscriber of the Website (when registering it will be either as a paid member or as a free member) you will be issued with your own username and a password for access. When registering as a member you will need to provide certain information about yourself. Before registering as a member please refer to our Privacy Policy). The information you provide must be complete and accurate (unless in your capacity as a carer/support person where the proposed member is unable to complete the registration process).

Access to the Website is via the World Wide Web either directly or through devices that access web based content and pay any service fees associated with such access.

Access to the World Wide Web may be limited or unavailable at certain times. MyCareSpace makes no representations or assurances regarding the availability of the Website.

Eligibility

You need to be at least 13 years old to register as Member on the Website.

You agree to notify us immediately of any unauthorised use of your password and/or account We will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.
At all times you will be required to comply with all applicable domestic and international laws, statutes and regulations regarding your use of the Website, content and services.

Restrictions to Use and Conduct

Content Use

You, not we, are solely responsible for your account and the activity that occurs while signed in to or while using your account This includes any disclosure by you of information that makes you personally identifiable. (See our Privacy Policy)

You agree that you will be liable and will not under any circumstances:

Post any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

Use MyCareSpace.com.au for any unlawful purpose or for the promotion  of illegal  activities;

Attempt to, or harass, abuse or harm another person or group;

Provide content that breaches copyright or any other intellectual property or proprietary right;

Use another user's account without  permission;

Interfere or attempt to interfere with the proper functioning of MyCareSpace.com.au

We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Conduct

You will not be entitled to:

share your membership details with any other person or allow any other person to access the Website using your membership details;

include any content from the Website in the promotion of any product or service which you are promoting  without the consent in writing of MyCareSpace ;

reproduce, duplicate, copy, sell, or exploit for your own gain any portion of the Website;

Use “Posting Agents” (a third party who offers a service of posting content on behalf of others) without the express consent of MyCareSpace.

Online Content Disclaimer

As a Paid Subscriber, you may be permitted to upload or transmit information, documents, articles, advertisements, postings, messages, files, images, photos, videos ,audio or other materials, opinions, offers, or other information .

If you are the author of any content published on the Website, you are solely responsible for such content and such content will be displayed on the Website unless you specifically notify MyCareSpace that you require it to remain private.

MyCareSpace does not endorse or guarantee the accuracy completeness, or usefulness of any information on MyCareSpace.com.au that is made by any party other than MyCareSpace.

The information provided on the MyCareSpace Website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services and products referred to on or made available through the Website.

Whilst MyCareSpace aims to provide you with a clear and succinct information, if you misinterpret such information then we are not liable in any way for misrepresentation.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MyCareSpace liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MyCareSpace is not liable for any statements, representations or content provided by its Users in any public forum, service listing page, or other Interactive Area (including but not limited to, comment areas, reviews, ratings, blog, and forum). MyCareSpace is entitled, but has no obligation, to screen, edit, monitor, remove, block, reject, take down any of the  Content posted to or distributed through any Interactive Area, without notice any content posted or stored on the site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

You must indemnify us for any damages, costs and related losses incurred, directly or indirectly, as a result of your failure to comply with these terms of use.

MyCareSpace will at all times:

monitor the materials posted in the public areas of  MyCareSpace.com.au

limit or deny a user's access to MyCareSpace.com.au or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious

Remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.

If, on the basis of User Content, we form the view that an offence of any nature involving any person may have occurred, we reserve the right to report the matter to the appropriate authorities. You expressly waive any right to privacy in such circumstances and you expressly consent to us disclosing such information, whether or not it is in your interests or for your benefit that we do so. This is a right which would only be exercised at our discretion and in what we consider to be appropriate and compelling circumstances. At the same time, we give no undertaking whatsoever, and accept no responsibility whatsoever, to necessarily report suspected offences or to take any other action in this regard.

Ownership

The user content published belongs to the publisher/author. Content published by or authored by us, belongs to us. This includes, but is not limited to:

Software, computer code, aggregate user review ratings, content generated by us, and all other elements and components of the Website including graphics, visual interfaces, interactive features, design, compilation. This excludes User Content developed by you, and Third Party Content. We also own the copyrights and other intellectual and proprietary rights throughout the world associated with MyCareSpace.com.au.

Intellectual property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to MyCareSpace.com.au, including applicable copyrights, trademarks and other proprietary rights. Your use of the Website does not constitute any right or license for you to use the MyCareSpace trademarks or intellectual property without the prior permission of MyCareSpace

Notice may be provided by email Communications made through MyCareSpace or any of its officers, employees, agents or representatives in any situation where notice to MyCareSpace Pty Ltd is required by contract or any law or regulation.

The Content and the Website are protected by copyright and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MyCareSpace.com.au content in whole or in part except as expressly authorized by us.

Despite the fact that MyCareSpace strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable.

Links to Other Sites and/or Material

MyCareSpace may provide you with convenient links to third   party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to MyCareSpace.com.au users. MyCareSpace Pty Ltd has no control over Third Party Sites and Third  Party Applications, Software or  Content or the promotions, materials, information, goods or services available on these Third  Party Sites or Third  Party  Applications, Software or
Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MyCareSpace.

MyCareSpace is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

If you decide to access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.

Copyright Complaints and Copyright Agent

Termination of Repeat Infringer Accounts. MyCareSpace respects the intellectual property rights of others and requests that the users do the same. MyCareSpace may terminate access for participants or users who are found repeatedly to publish protected third party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on MyCareSpace.com.au infringe upon your copyrights, you may submit a notification to MyCareSpace.

Counter-Notices. If you believe that User Content has been removed from the Website and it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to MyCareSpace.com.au so we can investigate. In the subject line write "Counter­ Notice".

Licence Grant

By posting any User Content via MyCareSpace.com.au, you expressly grant, and you represent and warrant that you have a right to grant, to MyCareSpace a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with MyCareSpace.com.au.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from MyCareSpace in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that MyCareSpace provides to you electronically satisfy any legal requirement, as would satisfy if it were in writing.

Limitation of Damages; Release

To the extent permitted by applicable law, in no event shall MyCareSpace, its affiliates, Directors or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from;

the use, disclosure, or display of your User Content;

your use or inability to use MyCareSpace.com.au;

MyCareSpace.com.au generally or the software or the systems that make MyCareSpace.com.au available.

If you have a dispute with one or more users, disability service providers or a merchant of a product or service that you review using MyCareSpace.com.au, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable Law. The remaining portions will remain in full force and effect. Any failure on the part of MyCareSpace to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

These Terms of Use and your use of MyCareSpace.com.au are governed by the federal laws of Australia and state laws of NSW without regard to conflict of law provisions.

MyCareSpace may assign or delegate these Terms of Service and/or MyCareSpace.

Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.

Refunds

To the extent permitted by applicable law, we do not provide any refund of fees paid in connection with the Services.

If we terminate these Terms with you for any reason other than the reasons in highlighted in these Terms under sections, Content User and Copyright Complaint & Copyright Agent , we will refund such portion of fees for the Services paid by you up to the date of termination on a pro rata basis for the portion of the relevant billing cycle remaining.

If you terminate these Terms with us for any reason or if we terminate the Terms with you under sections, Content User and Copyright Complaint & Copyright Agent  then any fees paid by you prior to termination are not refundable to you and you must pay all outstanding fees due to us for the Services provided up to the date that the Terms terminate.

Services

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

We do not recommend or endorse any third parties' products or services which are referred to on the Website.
By registering for any Services offered on the Website, you warrant that the information you supply, on submitting each registration application is, to the best of your knowledge, accurate, complete and up-to-date.

You understand that we do not control, and are not responsible for third party Content made available through the Services (including the content of or any representations made in any Profile or advertisement appearing in the Directory or otherwise on or through the Sites or the Services).

You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Comparing Providers

In comparing Providers and their goods or services, always read all relevant information provided by such Providers before making any decision to obtain their goods or services.

We do not guarantee that any Provider's goods or services can be provided to you.

If you make an inquiry about any Provider's goods or services through the Website, you will deal directly with the relevant Provider.

If you want to obtain any Provider's goods or services, using: information contained in a Profile;

a link to the relevant Provider's websites; or

other contact details for a Provider available on the Sites,

you will do so through the relevant Provider's call Centre or website and we will not have any involvement.

Reviews

Subscribing members are permitted to post Reviews of Providers on the Sites subject to these Terms.

You must not post a Review about a Provider or its products or services if you are related in any way to the Provider or one of its competitors, including as a familial relative, employee, contractor, officer or director of the Provider or its competitor.

By posting a Review, you confirm that your Review: is accurate, honest and complete;

is based upon your first-hand experience with the Provider or its product or service; and

is not defamatory, or otherwise in violation of our Terms, as determined by us in our sole and absolute discretion.