Details

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY APPLY TO ALL OF OUR WEBSITE CONTENT, COPYRIGHT MATERIAL, VIDEOS, EDUCATIONAL RESOURCES, PRODUCT INFORMATION, ARTICLES, DOWNLOADABLE MATERIALS AND OTHER INFORMATION ON THIS WEBSITE ("MATERIAL") AND THE INFORMATION SERVICES PROVIDED THROUGH THIS WEBSITE ("SERVICE") WHICH YOU (AS THE WEBSITE USER/SUBSCRIBER) CHOOSE TO ACCESS BY SUBSCRIPTION FROM ASSISTIVE TECHNOLOGY 4 U PTY LTD ACN 687 212 728 ("WEBSITE OWNER").

THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY POLICY IN SCHEDULE 1 AND THE ACCEPTABLE USE POLICY IN SCHEDULE 2, WILL FORM THE AGREEMENT BETWEEN US.

BY CLICKING THE "I AGREE" BUTTON, CLICKING ANY BUTTON OR BOX INDICATING ACCEPTANCE OF THESE TERMS AND CONDITIONS, ACTIVATING YOUR SUBSCRIPTION OR ACCESSING ANY SUBSCRIBER-ONLY SERVICE OR MATERIAL, YOU CONSENT AND AGREE TO BE BOUND AS THE USER OR, WHERE APPLICABLE, TO BIND YOUR EMPLOYER, PRACTICE, ORGANISATION OR BUSINESS WHICH YOU WARRANT THAT YOU ARE AUTHORISED TO REPRESENT.

YOU ACKNOWLEDGE AND AGREE THAT CLICKING THE "I AGREE" BUTTON CONSTITUTES YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT AND IS INTENDED TO HAVE THE SAME EFFECT AS YOUR SIGNATURE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT HAVE AUTHORITY TO BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU PROPOSE TO SUBSCRIBE, OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT CLICK "I AGREE", DO NOT SUBSCRIBE AND DO NOT ACCESS THE SUBSCRIBER-ONLY SERVICE OR MATERIAL.

IF YOU PROCEED, PLEASE SAVE OR PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

 1. Definitions and Interpretation  

 1.1 In this Agreement, unless the context otherwise requires:

 Account means the subscriber account established to enable a Subscriber to access the Service and Material.

Agreement means these Terms and Conditions, the Privacy Policy in Schedule 1, the Acceptable Use Policy in Schedule 2, the subscription details accepted by the Website Owner and any additional terms expressly notified to and accepted by you.

 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

 Content means the entire contents of the Website and Service, including layout, text, videos, recordings, graphics, logos, icons, images, databases, product information, educational resources and other multimedia content.

 Material means Content and any information, document, video, course, guide, article, checklist, product information, resource or other material made available through the Service, whether created by the Website Owner or a Provider.

 Provider means any third party whose material appears on or is made available through the Website or Service and any third party supplier engaged in connection with the Website or Service, including a website platform, cloud hosting provider, video hosting provider, payment processor, email provider, analytics provider, telecommunications provider, software provider, contractor, consultant or professional adviser.

 Service means the subscription information service operated through the Website, including access to Material relating to occupational therapy, assistive technology and products, including by way of videos and educational resources.

 Subscriber, User, you or your means the person or entity identified in the subscription details and any person accessing the Service through that Account.

 Subscription Period means the period of 12 months commencing when payment is accepted and access is activated, unless a different annual commencement date is expressly stated in the subscription details.

 Website means the website operated by or on behalf of the Website Owner, including its subscriber portal and associated pages, domains and subdomains.

 Website Owner, we, us or our means ASSISTIVE TECHNOLOGY 4 U PTY LTD ACN 687 212 728.

1.2.The singular includes the plural and conversely; a reference to a person includes an individual, company, partnership, trust, association, authority or other entity; including and similar words do not limit what else may be included; and a reference to a law includes any amendment, replacement or subordinate legislation made under it.

 

 2. Click-Wrap Acceptance and Formation of Agreement


2.1 Before completing a Subscription, you will be required to have access to this Agreement and to indicate your acceptance by clicking an "I Agree" button or other acceptance mechanism presented on the Website.

2.2 By clicking the acceptance mechanism you warrant that you have read and understood this Agreement and voluntarily agree to be legally bound by it. If you subscribe for an employer, practice, organisation or business, you also warrant that you have authority to bind that entity.

2.3 The Agreement is formed when the Website Owner accepts your subscription application and payment and activates access to the Service. An acknowledgement generated by the Website does not oblige the Website Owner to accept a subscription application.

2.4 The Website Owner may keep an electronic record of your acceptance, including the version of the Agreement accepted, date and time of acceptance and Account information. You consent to the creation and retention of that record.

2.5 You must not permit any other person to click acceptance on your behalf unless that person is duly authorised to do so.

 

 3. Your Subscription

3.1 You must complete the subscription details required by us in order to access and use the Service and Material. You warrant that all subscription information supplied by you is true, complete and accurate in all material respects and undertake to keep it updated from time to time.

3.2 When we receive and accept your completed subscription application and payment of the applicable subscription fee, we will establish or activate your Account and provide or enable the login details required to access the Service.

3.3 Your Account and login details are personal to the Subscriber and are not assignable or available for use by any other party. You are responsible for maintaining the confidentiality and security of your login details, changing your password when reasonably appropriate and for all use made through your Account, except to the extent caused by our breach of a non-excludable obligation.

3.4 You must promptly notify us if you know or suspect that any login detail has been lost, disclosed or used without authority. We may require a password reset or suspend access while the matter is investigated.

3.5 Each Subscription continues for one Subscription Period and expires automatically at the end of that Subscription Period unless renewed by agreement and payment of the applicable renewal fee.

FOR THE AVOIDANCE OF DOUBT, A SUBSCRIPTION DOES NOT AUTOMATICALLY RENEW AND WE WILL NOT AUTOMATICALLY CHARGE YOU FOR A FURTHER SUBSCRIPTION PERIOD.

3.6 We may, but are not obliged to, send you one or more invitations or reminders near the expiry date inviting you to renew. An invitation does not extend the existing Subscription and does not require either party to enter into a renewal.

3.7 Any renewal is a new annual Subscription and is subject to the subscription fee and version of this Agreement then current. Unless renewal is completed before expiry, access to subscriber-only Material will cease when the current Subscription Period expires

 

 4. Licence to Use the Material and Service

4.1 When you subscribe to use our Service you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Subscription Period to access and use the Material upon this Agreement only. No title or ownership in the Material passes to you.

4.2 Under that licensed right, you may access and view the Material for your own lawful personal information and education or, where you have subscribed on behalf of a firm, practice or company, for the internal information and education of the authorised Subscriber only.

4.3 You may download or print Material only where the Website expressly provides a download or print facility and then only for the use permitted by clause 4.2. Copyright and proprietary notices must remain on all copies.

4.4 Unless we first consent in writing, you may not:

      1. share, disclose, lend, sell, hire, licence, sublicense or otherwise provide your Account, Service or Material to any other person;

      2. republish, retransmit, redistribute, communicate, display, perform or make the Material available in whole or in part in any website, application, newsletter, course, database, service, social media post, public presentation or other media;

      3. record, copy or download any video or streamed Material except through an express Website facility permitting that action

      4. adapt, translate, modify, reverse engineer or create derivative works from the Website, Service or Material;

      5. use any robot, spider, scraper, crawler, automated process or software to access, index, monitor, copy or extract the Website, Service or Material;

      6. use the Website, Service or Material to train, test, prompt, fine-tune, ground or supply data to any artificial intelligence, machine learning, automated decision system or similar technology;

      7. circumvent any technological protection, access control, digital rights management, usage limit or security measure; or
      8. use the Website, Service or Material for a competing information service or commercial exploitation.

We reserve the right, at our discretion and with or without cause, to prohibit any person from using the Website, Service or Material and to suspend or terminate a Subscription in accordance with this Agreement

 

 5. Notice Advice

5.1 Nothing in any Material from our Service or on our Website constitutes advice of any kind and it must not be relied upon as such.

5.2 Without limitation, nothing contained in the Website, Service or Material constitutes occupational therapy advice, medical advice, healthcare advice, allied health advice, rehabilitation advice, diagnostic advice, therapeutic advice, treatment advice, clinical advice, product prescription or professional advice of any kind.

5.3 Your Subscription, use of the Service or Material, participation in any video, webinar, course or presentation, or communication with the Website Owner does not create an occupational therapist-client, practitioner-patient, healthcare provider-patient, professional-client, fiduciary or advisory relationship.

5.4 The Material is general educational and informational material only. It is not prepared for your individual circumstances and is not a substitute for assessment, diagnosis, prescription, treatment, training or advice by an appropriately qualified professional who is informed of all relevant circumstances.

5.5 Assistive technology and other products may not be suitable or safe for every person, condition, environment or use. Product selection, setup, fitting, installation, adjustment, maintenance, supervision and use may require an individual assessment and instructions from an occupational therapist, medical practitioner, allied health practitioner, supplier, manufacturer or other appropriately qualified person.

5.6 Before acting or relying upon any Material or acquiring, recommending, installing or using any product referred to in the Material, you must use your own proper skill and judgment and obtain appropriate independent professional advice. You must follow all manufacturer and supplier instructions, warnings, contraindications and safety requirements.

 PROPER, SPECIFIC OCCUPATIONAL THERAPY, MEDICAL, HEALTHCARE AND OTHER PROFESSIONAL ADVICE IS ALWAYS STRONGLY RECOMMENDED

6. Copyright, Trade Marks, Database and Other Intellectual Property Rights

6.1 The entire contents of the Website, the Service and the Material, including our domain names, icons, graphics, logos, layout, videos and multimedia information and any variations, adaptations, translations or derivatives, are the intellectual property of the Website Owner or the Provider identified in or in connection with the relevant Material.

6.2 The Website Owner and each Provider reserve all copyright, trade mark, database and other intellectual property rights in the Content and Material throughout the world.

6.3 Our or a Provider's copyright and proprietary information must remain on all reproductions expressly permitted under this Agreement. You must not remove, obscure or alter it.

6.4 Trade marks and trade names denoted as owned by the Website Owner or a Provider may only be used with our prior written consent and in the manner authorised. You must not use them as part of your own or another party's trade mark, business name or domain name or in a manner which is misleading, deceptive or disparaging.

6.5 Nothing in this Agreement grants by implication, estoppel or otherwise any right or licence other than the limited licence expressly stated in clause 4.

7. Service Prices, Payment and Access

7.1 You may offer to subscribe to any Service listed on the Website for the price specified only if you are at least 18 years of age and have legal capacity to enter into this Agreement.

7.2 Unless the Website states otherwise, prices are in Australian dollars and include GST where applicable. You are responsible for any other tax, duty, fee, currency conversion or bank charge applicable to you or your payment.

7.3 Your subscription application must be made through the Website subscription page and contain the contact, billing, payment and other information required by the form. Payment may be processed by a secure third party payment processor and is subject to that Provider's terms and systems.

7.4 We may accept or reject a subscription application at our discretion. If we reject an application after receiving cleared funds, we will arrange repayment of the subscription fee through the original payment method, subject to any rights or obligations imposed by law or the payment Provider.

7.5 Access will ordinarily be activated after payment has been successfully processed, subject to payment processing, technical, transmission or Provider issues. If access has not been activated within a reasonable period, you should notify us using the contact details on the Website.

7.6 Except as required by the Australian Consumer Law or another applicable law, subscription fees are not refundable merely because you change your mind, fail to use the Service, cease to require it or do not renew it.

7.7  If a payment is dishonoured, reversed, charged back or reasonably suspected to be unauthorised or fraudulent, we may suspend access while payment and entitlement are investigated and may recover reasonable costs properly incurred, subject to applicable law.

7.8 You are responsible at your sole cost for having a suitable computer or mobile device, together with sufficient internet access, network coverage and data allowance, to access and use the Service. We are not responsible for any inability to access the Service arising from your device, internet connection, network coverage or data allowance. 

8. Third Party Providers, Material, Links and Advertisements

8.1 The Website Owner may engage Providers in connection with the design, operation, hosting, storage, delivery, payment processing, email, analytics, security, support and administration of the Website, Service and Material.

8.2 The Service may depend upon Provider services which are not owned or controlled by the Website Owner. Those services may be changed, suspended, interrupted, withdrawn, compromised or discontinued by the Provider and may be subject to separate terms, privacy policies, system limits and availability.

8.3 Except to the extent prohibited by law, the Website Owner does not warrant or guarantee the availability, continuity, performance, compatibility, security, accuracy or fitness for purpose of any Provider or Provider service and is not responsible for any act, omission, failure, delay, outage, error, security incident, data loss, data corruption or unauthorised access attributable to a Provider or Provider service.

8.4 Where we link to another website or refer to a third party, product, seller, manufacturer, supplier, service, opinion, publication or resource, this is for information or convenience only and does not of itself constitute a recommendation, sponsorship, representation or endorsement.

8.5 You must make your own enquiries and assessments concerning third party material, products and services and their suitability, quality, safety, regulatory status, availability, price, instructions, warranties, privacy and security practices.

8.6 Any transaction or relationship between you and a third party is solely between you and that third party. In no circumstances will the Website Owner be responsible for the acts, omissions, products, services, websites, systems, representations or privacy practices of that third party except to the extent the law does not permit responsibility to be excluded.

8.7 A Provider may also collect, hold or process personal information as described in Schedule 1. The Website Owner does not adopt the Provider's privacy policy as its own and the Provider remains responsible for its own obligations.

9.Your Postings, Feedback and Other Participatory Material

9.1 Where the Website permits you to post, upload, submit or contribute questions, feedback, comments, reviews, files or other material ("User Material"), you acknowledge that User Material is not confidential unless the Website expressly states otherwise and it is not endorsed by us.

9.2 You warrant that you own or have all necessary rights and consents in User Material and that it does not:

  1. contain personal or health information about another person without lawful authority and all necessary consents;

  2. be untrue, unlawful, misleading, deceptive, defamatory, threatening, offensive, abusive, obscene, discriminatory or otherwise objectionable;

  3. infringe copyright, trade mark, confidentiality, privacy or any other right;

  4. contain advertising, solicitation, spam or promotional material not authorised by us; or

  5. contain any virus, malware, spyware, malicious code or other harmful component.

9.3 You grant the Website Owner a worldwide, non-exclusive, royalty-free licence to host, reproduce, communicate and use User Material to operate, administer, improve and promote the Service, subject to applicable privacy law and any express arrangement made with you.

9.4 If we discover or are notified of User Material which may contravene this Agreement or the law, we may remove or disable access to it without prior notice, preserve evidence, suspend access and report or disclose information to an appropriate authority where permitted or required by law.

10. Acceptable Use Policy

10.1 Your use of the Website, Service and Material is also subject to the Acceptable Use Policy in Schedule 2, which forms part of this Agreement.

10.2 A breach of Schedule 2 is a breach of this Agreement and may result in immediate suspension or termination in accordance with clause 15.

11.Warranty Disclaimer

THIS WEBSITE, THE SERVICE AND THE MATERIAL AVAILABLE THROUGH IT ARE PROVIDED BY THE WEBSITE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, NEITHER THE WEBSITE OWNER NOR ANY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OWNER AND PROVIDERS DISCLAIM ALL REPRESENTATIONS, GUARANTEES, CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, GUARANTEE, CONDITION OR WARRANTY THAT:

 

      1. THE OPERATION OF THE WEBSITE, ITS SERVERS, THE SERVICE, EMAILS, VIDEOS, MATERIAL, DOWNLOADS OR ANY LINKED WEBSITE WILL BE SECURE, PRIVATE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH YOUR SYSTEM OR CONTINUOUSLY AVAILABLE;

      2. ANY INFORMATION, CONTENT, SERVICE, MATERIAL, PRODUCT REFERENCE OR RESOURCE WILL BE CURRENT, COMPLETE, ACCURATE, APPROPRIATE, RELIABLE, SUITABLE OR RELEVANT TO YOUR USE OR PURPOSE;

      3. ANY ASSISTIVE TECHNOLOGY OR OTHER PRODUCT REFERRED TO IN THE MATERIAL WILL BE AVAILABLE, COMPLIANT, SAFE, SUITABLE OR EFFECTIVE FOR ANY PARTICULAR PERSON, CONDITION, ENVIRONMENT OR PURPOSE;

      4. ANY HEALTH, THERAPY, REHABILITATION, FUNCTIONAL, SAFETY OR OTHER OUTCOME WILL BE ACHIEVED; 

      5. ANY PROVIDER OR PROVIDER SERVICE, INCLUDING A WEBSITE PLATFORM, PAYMENT PROCESSOR, CLOUD OR VIDEO HOSTING PROVIDER, EMAIL SERVICE, ANALYTICS SERVICE OR TELECOMMUNICATIONS PROVIDER, WILL REMAIN AVAILABLE, SECURE, ERROR-FREE, UNINTERRUPTED OR COMPATIBLE WITH THE WEBSITE OR SERVICE; OR

      6. ANY ERROR OR DEFECT WILL BE CORRECTED OR THAT STORED INFORMATION WILL NOT BE LOST, ALTERED, CORRUPTED OR ACCESSED WITHOUT AUTHORITY. 

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICE AND MATERIAL IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK AND THAT YOU WILL USE YOUR OWN SKILL AND JUDGMENT, AND OBTAIN APPROPRIATE PROFESSIONAL ADVICE, IN DETERMINING THE PROPER USE, APPLICATION AND SUITABILITY OF THE SERVICE, MATERIAL AND ANY PRODUCT REFERRED TO IN IT.

12. Disclaimer and Limitation of Liability

12.1 Exclusion of damages. To the maximum extent permitted by applicable law, the Website Owner and Providers exclude all liability to you, any person deriving rights through you and any other person for loss, damage, cost, expense, claim or liability of any kind arising out of or relating to:

  1. this Agreement or your access to, inability to access or use of the Website, Service or Material;
  2. reliance upon, implementation of or failure to act upon any Material;
  3. selection, recommendation, acquisition, installation, fitting, adjustment, maintenance, supervision, use or misuse of any assistive technology or other product;
  4. personal injury, illness, deterioration, treatment, diagnosis, rehabilitation, therapy or health-related matters;
  5. Loss or interruption of Subscription access, business or communications; or
  6. Third item
  7. Third item
  8. Third item