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Autism Link Terms and Conditions

Welcome to Autism Link, an online and mobile Service designed especially to help people to find services to support children and adults with Autism and Autism Spectrum Disorder (including Asperger’s). The Autism Link Service is provided to you by Autism Link Pty Ltd (ABN 65 614 208 472)  (Autism Link). These Terms and Conditions are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Autism Link provides You with access to the Service.

The Autism Link Service will evolve over time. These Terms are not intended to answer every question or address every issue raised by the use of the Autism Link Service. Autism Link reserves the right to change these Terms at any time, effective upon the posting of modified Terms. Autism Link will make every effort to communicate these changes to You via email or notification via the Website. It is likely the Terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 1 September 2016.

1. Definitions

"Agreement"
means these Terms of Use.

"Confidential Information"
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data"
means any data input or uploaded by You or with Your authority into the Website.

"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service"
means the online directory and location services made available (as may be changed or updated from time to time by Autism Link) via the Website and Mobile Applications.

"Website"
means the Internet site at the domain www.autismlink.com.au, all associated subdomains or any other site and Mobile Applications operated by Autism Link.

“Mobile Applications”
means iOS and Android applications published and operated by Autism Link.

"Autism Link"
means Autism Link Pty Ltd (ABN 65 614 208 472).

"Consumer"
means any person or entity that uses the Service via the public Website and Mobile Applications.

"Service Provider"
means the person who registers to use the Service as a paid Service Provider, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"Service Provider Profile"
means the listing of a Service Provider within the Autism Link directory. It includes the short listing that may appear in search results and the unique listing page.

"You"
means the Consumer, and where the context permits, a Service Provider. "Your" has a corresponding meaning.

“Qualified Health Care Professional”
means an individual who is qualified by education, training, licensure/regulation (when applicable) and facility privileging (when applicable) who performs a professional service within his/her scope of practice and independently reports that professional service.”

“We”
means any employee, contractor or agent authorised to act on behalf of Autism Link.

2. Use of Software

a. Consumers

Autism Link is intended to be used as a directory for Consumers, including but not limited to individuals, groups of individuals and entities, to search for Service Providers that provide goods and services that are relevant and helpful to people with Autism and Autism Spectrum Disorder.

By accessing our Website and Mobile Applications, Autism Link provides Consumers with free access to the Service Provider information contained within our directory. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

b. Service Providers

Autism Link grants Service Providers the right to access and use the Service via the Website and Mobile Applications with the same rights and conditions as Consumers.

Service Providers have additional permissions to create profiles and edit the data contained in their profiles according to subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Your Obligations

a. General obligations:

You must only use the Service, Website and Mobile Applications for Your own lawful purposes, in accordance with these Terms and any notice sent by Autism Link or condition posted on the Website. You may use the Service, Website and Mobile Applications on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

b. Service Provider Profiles published in Autism Link

Autism Link is intended to be a directory of Service Providers that are relevant to people with Autism and Autism Spectrum Disorder.

Autism Link provides assistance and coaching to Service Providers and their nominated representatives to accurately set up their Autism Link Service Provider Profiles and accounts.

Autism Link provides the information on the Website “as is” and assumes no legal liability for the accuracy, currency, completeness or appropriateness of the Data in Service Provider Profiles or the goods and services offered by Service Providers.

Service Providers are responsible for maintaining the accuracy and appropriateness of Data contained in their individual Service Provider Profiles. Autism Link requires that data in Service Provider Profiles is accurate and up to date. If We find that Your Service Provider Profile is not accurate or up to date, We will contact You to remedy the situation. If, after several attempts to support You to remedy the situation, errors remain in Your Service Provider Profile, We may remove the Service Provider Profile. While We take all reasonably practical measures to ensure the accuracy of Service Provider Profiles, Autism Link is under no obligation to monitor  Service Provider Profiles for accuracy on a periodic basis or at all.

By using Autism Link you indemnify, defend and hold harmless Autism Link and its employees, officers, agents, contractors and directors against any and all losses, costs, expenses and damages incurred regarding the accuracy, usage, application or appropriateness of any good or service offered by Service Providers or any Data contained in Service Provider Profiles by any party.

You acknowledge that the use of the Service, Website and Mobile Applications is entirely at Your own risk.

c. Access conditions:

  1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Autism Link of any unauthorised use of Your passwords or any other breach of security and Autism Link will reset Your password. You must take all other actions that Autism Link reasonably deems necessary to maintain or enhance the security of Autism Link's computing systems and networks and Your access to the Services.
  2. As a condition of these Terms, when accessing and using the Services, You must:
    1. not attempt to undermine the security or integrity of Autism Link's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services, Website, Mobile Applications, or other systems used to deliver the Services or impair the ability of any other user to use the Services, Website or Mobile Applications;
    3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    4. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website and Mobile Applications except as is strictly necessary to use either of them for normal operation.

d. Payment obligations

An invoice for the Access Fee will be issued each year or month (depending on the payment option you select) starting from the date You created Your Autism Link account. All invoices will include the Access Fee for the current term of use. Autism Link will continue invoicing You annually/monthly until this Agreement is terminated in accordance with clause 8 or you cancel your subscription.

All Autism Link invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment. Invoices are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.

Your Autism Link subscription will automatically renew, and your card will be automatically charged for the then current Access Fees for the Autism Link subscription type/service(s) you’ve selected on a recurring basis until you cancel/delete your Autism Link subscription.

You may cancel/delete your Autism Link subscription at any time. There is no cancellation fee, but You are responsible for charges already incurred up until Your cancellation, including the pre-payment of the current term of service You have. Autism Link is unable to issue refunds after payment is received. Autism Link is unable to prorate our Services for any unused payment, so charges must be paid in full.

In the event that You wish to terminate Your subscription, You acknowledge that no refund will be payable for any unused part of a Subscription.

Each Autism Link plan has a limit on the number of categories and postcodes. If you need to add more postcodes or categories than your current plan allows, you may wish to change your plan. You can do this by going to the Change Plan page under Billing.

You will be charged the difference in Access Fees for the remainder of the current year at a prorate rate. You will be charged Access Fees for the new plan in subsequent years/months unless You contact us in writing.

Promotional pricing and free trials cannot be combined with other offers. Any promotional offers are available for a limited time only. Pricing, terms, features and support are subject to change by Autism Link at any time.

Autism Link may change the fees and charges in effect, or add new fees and charges from time to time, but you will be notified in advance if regular charges increase and will be required to opt-in to new pricing.

e. Usage Limitations:

Use of the Service may be subject to limitations. Any such limitations will be advised.

f. Indemnity:

You indemnify Autism Link against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Autism Link, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.

4. Confidentiality and Privacy

a. Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  2. Each party's obligations under this clause will survive termination of these Terms.
  3. The provisions of clauses 4.a.i and 4.a.ii shall not apply to any information which:
    • is or becomes public knowledge other than by a breach of this clause;
    • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
    • is independently developed without access to the Confidential Information.

b. Privacy:

Autism Link maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at www.Autism Link.com.au/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

5. Intellectual Property

a. General:

Title to, and all Intellectual Property Rights in the Services, the Website, the Mobile Applications and any documentation relating to the Services remain the property of Autism Link (or its licensors).

b. Ownership of Data:

Title to, and all Intellectual Property Rights in, the Data that You have input or uploaded to your Service Provider Profile remain Your property. However, Your access to the Data that You have input or uploaded to Your Service Provider Profile is contingent on Your adherence to these Terms. You grant Autism Link a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

c. Backup of Data:

You must maintain copies of all Data inputted into the Service. Autism Link adheres to its best practice policies and procedures to prevent data loss, including daily system data back-up procedures, but does not make any guarantees that there will be no loss of Data. Autism Link expressly excludes liability for any loss of Data regardless of how it may be caused.

6. Warranties and Acknowledgements

a. Authority:

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

b. Acknowledgement:

You acknowledge that:

  1. You are authorised to use the Services, the Website and Mobile Applications and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website, Mobile Applications and the Services (whether that information and Data is Your own or that of anyone else).
  2. Autism Link has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    • You are responsible for ensuring that You have the right to do so;
    • You are responsible for authorising any person who is given access to information or Data, and you agree that Autism Link has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
  3. You will indemnify Autism Link against any claims or loss relating to:
    • Autism Link's refusal to provide any person access to Your information or Data in accordance with these Terms,
    • Autism Link’s making available information or Data to any person with Your authorisation.
  4. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  5. Autism Link does not warrant that the use of the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be inconsistent and may interfere with or prevent access to the Services in unforeseen occasions. Autism Link is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  6. Autism Link is not qualified to provide advice on the appropriateness or availability of goods and services offered by Service Providers. If You have any questions about these items, please contact the Service Provider or a qualified medical expert in that area.
  7. It is Your sole responsibility to determine that the Services meet Your needs and are suitable for the purposes for which they are used.

c. No warranties:

Autism Link provides a directory of Service Providers and accordingly does not endorse and gives no warranty about the Services or the goods and services offered by the Service Providers. Without limiting the foregoing, Autism Link does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

d. Consumer guarantees:

  1. You acknowledge that Autism Link is intended to be a directory of Service Providers that are relevant to people with Autism and Autism Spectrum Disorder. Data contained in Service Provider Profiles is maintained by Service Providers, Autism Link is not responsible for the accuracy or appropriateness of the Data in Service Provider Profiles or the goods and services offered by Service Providers.
  2. You warrant and represent that You are responsible for determining the appropriateness of any good or service that you chose to use or access via the Autism Link Website and/or Mobile Applications. At all times You should seek the advice of a Qualified Health Care Professional to ensure that You are making wise, sustainable choices regarding Your health and the health of people in Your care.

7. Limitation of Liability

  1. To the maximum extent permitted by law, Autism Link excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service, Mobile Applications or Website.
  2. If You suffer loss or damage as a result of Autism Link's negligence or failure to comply with these Terms, any claim by You against Autism Link arising from Autism Link's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
  3. If You are not satisfied with the Service, Your sole and exclusive remedy is to immediately stop using the Service.

8. Termination

a. Breach:

If You:

  1. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. breach any of these Terms and the breach is not capable of being remedied; or
  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

Autism Link may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services, Mobile Applications and the Website;
  2. Suspend for any definite or indefinite period of time, Your use of the Services, Mobile Applications and the Website;
  3. Suspend or terminate access to all or any Data.
  4. Take either of the actions in sub-clauses this clause 8 in respect of any or all other persons whom You have authorised to have access to Your information or Data.

b. Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will immediately stop using the Services, Mobile Applications and the Website.

c. No refund:

In the event that You wish to terminate Your agreement with us, You acknowledge that no refund will be payable for any unused period of service for which payment has been made.

9. Help Desk

a. Technical Problems:

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Autism Link. If You still need technical help, please check the support provided online by Autism Link on the Website or failing that email us at contact@AutismLink.com.au.

b. Service availability:

Whilst Autism Link intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Autism Link has to interrupt the Services for longer periods than Autism Link would normally expect, Autism Link will use reasonable endeavours to publish in advance details of such activity on the Website.

10. General

a. Entire agreement:

These Terms, together with the Autism Link Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Autism Link relating to the Services and the other matters dealt with in these Terms.

b. Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

c. Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

d. No Assignment:

You may not assign or transfer any rights to any other person without Autism Link's prior written consent.

e. Governing law and jurisdiction:

You accept that Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

f. Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

g. Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Autism Link must be sent to contact@AutismLink.com.au or to any other email address notified by email to You by Autism Link. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

h. Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.