Terms Of Service
TERMS OF SERVICE
Last updated 09/10/2024 1:00pm
AGREEMENT TO OUR LEGAL TERMS
We are Access Your Ability Solutions (AYAS) ('Company', 'we', 'us', or 'our'), a company registered in Gold Coast.
We operate the website www.accessyourabilitysolutions.com.au (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone at 0424 456 658, or email at sebastian@accessyourabilitysolutions.com.au.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Access Your Ability Solutions (AYAS), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by sebastian@accessyourabilitysolutions.com.au, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PAYMENTS AND REFUNDS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
THIRD-PARTY WEBSITES AND CONTENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
FURTHER DETAILS
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Individuals who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright, trademark, and other intellectual property laws. All video’s, photos and texts have been approved by appropriate parties.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use.
You may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services or Content without our prior written permission.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information.
You have the legal capacity to agree to these Legal Terms.
You will not access the Services through automated means.
You will not use the Services for any illegal or unauthorised purpose.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove or change a username if we determine it is inappropriate or offensive.
5. PAYMENTS AND REFUNDS
We accept the following forms of payment:
NDIS Plan Manager payments
You agree to pay all charges at the prices in effect when you decide on the service, and once complete. All payments shall be in $AUD. You are responsible for providing current, complete, and accurate payment information.
Refunds may be granted at our sole discretion. For details, please contact us at sebastian@accessyourabilitysolutions.com.au.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:
Engaging in unauthorised use of the Services.
Attempting to bypass any measures designed to prevent or restrict access to the Services.
Uploading or transmitting viruses or other malicious code.
Disparaging or harming the Company or the Services.
7. USER GENERATED CONTRIBUTIONS
The Services may allow you to create, submit, post, or display content or materials ('Contributions'). You grant us the right to use, copy, modify, or distribute these Contributions. You are responsible for the Contributions you provide and agree not to post any content that is illegal, harmful, or violates third-party rights.
8. CONTRIBUTION LICENSE
By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use your Contributions in any manner, for any purpose.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or content. We are not responsible for the content or accuracy of any third-party websites and do not endorse them.
10. PRIVACY POLICY
We care about your data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy.
11. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We reserve the right to terminate or suspend your access at any time for any reason, including for breach of these Legal Terms.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Services at any time. We are not liable for any modifications, interruptions, or discontinuation of the Services.
13. GOVERNING LAW
These Legal Terms are governed by the laws of Australia. Any disputes arising out of these Legal Terms will be subject to the courts of Australia.
14. DISPUTE RESOLUTION
Any disputes or claims arising from these Legal Terms will be resolved through binding arbitration in accordance with the rules of the Australian Arbitration Association.
15. FURTHER DETAILS
Payments and Transactions (Detailed) – Access Your Ability Solutions may offer services or products that require payment. Payment details, refund policies, and cancellation terms will be clearly outlined during the checkout process. By making a payment through the Website, you agree to comply with the stated terms and conditions.
Dispute Resolution (Detailed) – This Agreement shall be governed by and construed in accordance with the laws of The Civil Dispute Resolution Act 2011. Any disputes arising out of or relating to this Agreement shall be resolved through negotiations in good faith. If the parties are unable to resolve the dispute amicably, either party may initiate legal proceedings in a court of competent jurisdiction.
Limitation of Liability – Access Your Ability Solutions, does not make any warranties, express or implied, regarding the accuracy, reliability, or availability of the Website. Your use of the Website is at your own risk. To the fullest extent permitted by law, Access Your Ability Solutions disclaims all liability for any damages, losses, or claims arising out of or in connection with your use of the Website. You agree to indemnify and hold Access Your Ability Solutions harmless from any claims, damages, or losses arising from your use of the Website or any violation of this Agreement.
Modifications to Terms and Conditions – Access Your Ability Solutions reserves the right to modify or amend these terms and conditions at any time. Any changes will be effective immediately upon posting on the Website. It is your responsibility to review the terms and conditions periodically. Your continued use of the Website after any modifications indicates your acceptance of the updated terms.
16. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. You are solely responsible for backing up your data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to receive electronic communications from us. You agree to the use of electronic signatures, contracts, and records.
18. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us regarding your use of the Services. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.
19. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Access Your Ability Solutions (AYAS)
+61 424 456 658
sebastian@accessyourabilitysolutions.com.au