Terms and Conditions
The Website
The Website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by the Company, third parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.
The Website provides information of a general nature to members of the public, and may include advanced features for registered users such as commenting on material or engaging in online collaboration.
WEBSITE NOT HEALTH, MEDICAL, CLINICAL OR PROFESSIONAL ADVICE
This website provides general information, not health, clinical or other professional advice. The use of this website (including sending any communication to the Company through it) or any of its contents does not create a professional or client relationship or any type of medical duty of care. You must not rely upon any of the content of the Website or Services without obtaining corresponding health or professional advice.
The Company does not provide medical or health advice. The Company only provides general information regarding health, mental health, wellness, and physical exercise or other related items through its Service.
You acknowledge:
- that the Services are not intended to be, and will not be used as, a substitute for medical or treatment by a suitably qualified health care professional;
- that you may not hold the Company liable for any actions that you take, or do not take, as a result of any guidance, advice, coaching, materials or techniques used or provided by the Company or the Services;
- that you must consult a suitably qualified health care professional provider before initiating any practices, and follow your suitably qualified health care professional’s advice accordingly; and
- that the Company will not be liable for any injury, loss, or damages arising from your access or practice of the Services relating to health, wellness, and/or physical exercise content.
Assessment tools and/or surveys provided on the Website or as part of the Services are not intended to be a substitute for professional clinical advice.
Compliance with Terms and Conditions
By accessing and using the Website, you warrant and represent to the Company that you have read and understood these Terms and Conditions and you agree to comply with these Terms and Conditions. The Company may change these Terms and Conditions at its discretion and without notice. By continuing to use the Website and/or the Services, you accept, and agree to abide by, those amended Terms and Conditions. The Terms and Conditions are binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Breach of these Terms and Conditions may result in your access to the Website, the Services or other the advanced features of the website being cancelled at the sole discretion of the Company.
Your use of the Website and Services
You agree to not directly or indirectly use the Website or the Services to:
- upload, post or transmit any content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable;
- upload, post or transmit any content which infringes the intellectual property rights of any person;
- upload, post or transmit any content which may be financial advice, provides advice which is specific or otherwise would indicate the viability or non-viability of any transaction or transactions; and/or
- interfere with or disrupt the Service or the servers operating the Services or the Website.
Your Registration Obligations
You may be required to register with our Website in order to access and use certain features of the Website or Service. If you register for the Website or Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the relevant registration form.
Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorised to use the Service, with or without registering. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Use of the Services
The Service, and any content viewed through our Website, is solely for personal and non-commercial use, unless otherwise agreed or specified by the Company. The purchase of Services grants you a limited, non-exclusive, non-transferable, license to access the Services content and view your course(s) on a streaming-only basis. Other than as stated, no right, title or interest shall be transferred to you.
You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. We may revoke any license at any time at our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms and Conditions or otherwise.
You are responsible for any and all activities, including charges and costs, that occur under your password and/or account and must ensure that your password remains confidential and secure. You agree to immediately notify the Company of any unauthorised use of your password and/or account or any other breach of security.
The Company reserves the right to cancel, in its sole discretion, any Services. In the event the any Services are cancelled, you may be issued with replacement service, credit or refund, which may be pro-rata. Services are described as accurately as possible however we do not warrant that the description is accurate. In the event there is a mis-description or error, we reserve the right to correct such mis-description or error. Images are used for illustrative purposes only.
If you are in the business of creating goods or services similar to the Services for the purpose of providing them for a fee, whether they be business users or domestic users, then you are not permitted to use or access the Website or Services or to download any documents or information from this Website or obtain any such documents or information through a third party. We reserve the right to exclude and deny any person access to our Website, Services or information in our sole discretion.
Restriction on Services
Certain health and other professionals, such as those governed by the operations of the National Boards and AHPRA, must undertake CPD. The CPD requirements for each profession are generally published on each board website. Some health professions also provide additional guidelines in their respective codes and guidelines.
The Company makes no representation or warranty that participation and/or use of any of our Website and/or Services will qualify for the continuing education requirements unless explicitly stated by the Company.
Unless specified, the Company will not keep a record of your CPD points.
Payment for the Services
All prices are stated in Australian Dollars and unless expressed otherwise, are inclusive of GST. To the extent the Services, or any portion thereof, is made available for any fee, you will be required to select a payment option and provide the Company with certain information regarding your payment method. You represent and warrant to the Company that such information is correct and that you are authorised to use such payment method.
You agree to pay the Company amounts specified (as well as any applicable taxes and any notified payment surcharges) for the Services. You authorise the Company to charge your payment method in accordance with the terms of the applicable payment arrangement that you have made (as well as any applicable taxes and any notified payment surcharges).
The Company may use a third-party banking merchant to process payments and, in such circumstances, you will be subject to the providers terms and conditions.
If you dispute any charges, you must notify the Company within thirty (30) days after the date of the disputed charge.
The Company reserves the right to change prices for the Services at any time. Continued use of the Services after the price change becomes effective constitutes agreement to pay the changed amount. You must update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Certain Services may be available via a subscription or recurring payment arrangement. If so, the Company may require recurring payments arrangements to be authorised in order to use the Services. If you select these Services, you authorise the Company to maintain your account information and charge that account automatically upon the notified renewal period for the Services with no further action required by you. In the event that the Company is unable to charge your account in accordance with the required payment arrangement, the Company may invoice you for the Services and otherwise suspend your access to the Services until payment is received.
The Company may change the price for the Services from time to time and will communicate any price changes to you in advance of any recurring payment being charged and, if applicable, will notify you as to how you may accept such changes. Price changes for recurring Services will take effect at the start of each new payment cycle following the date of the price change. You accept the new price by continuing to use the Services after such price change takes effect. If you do not agree with any price change, you have the right to reject the change by cancelling your Services before the price change goes into effect or by otherwise contacting the Company.
To the fullest extent permitted by law, payments made to the Company are non-refundable and unless specified otherwise, there are no refunds or credits for partially used Services. You may cancel a recurring payment for the Services in accordance with the applicable terms to the specific Services. In the event that you cancel your Services during a set period, you will continue to have access to the Service through the end of your paid-up period. If you subscribed on the Company website, you can cancel by contacting contact@autism.com.au or by going to your account and cancelling the subscription.
Disclaimer About the Services
The information in this Website is of a summary nature, might not address issues applicable to you, or might make assumptions that do not apply to you. Parts of this Website may not be updated regularly, or at all, so that they may be out of date.
The Website and the Company and its affiliated companies accept no responsibility for any claim, loss or damage as a result of information provided on the Website, or the Services, or the accuracy of any information. The information provided is general in nature and is not health, or professional advice. Your personal objectives, and situation or needs have not been taken into consideration in the preparation of any content contained on the Website. You should take reasonable care and seek professional advice.
Your use of the Services and the Website is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Website may contain content which is as a result of a paid partnership between the Company and an advertiser which may include content which is presented as news. The Company may be paid for the publication or promotion of this content and the Company may receive a commission based upon the success of that paid partnership content including a commission on funds which have been raised.
The Company does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.
Information on the Website has been compiled for general information purposes only and without taking into account your objectives, situation or needs and you should not act or fail to act on the basis of it. The Company does not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it and, to the extent that it is not required by law, it is not obliged to update the Website or correct any inaccuracies which may become known to us.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Company, for any breach of a term or condition implied by law is limited at the Company’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
Spam
To assist us to combat spam, you are required to do the following:
- If you receive an offensive or unauthorised commercial message, which appears to originate from a Company email address, assume that it has been sent in error and notify the Company immediately on the above contact details;
- Unsubscribe from the Company mailing list if you decide that you no longer wish to receive electronic commercial messages from the Company; and
- Notify the Company of any changes to your details including your email address.
For information of Australian RESIDENTS only
The Website and Services are provided for the information and use of Australian residents only. The use of the Website and/or Services in jurisdictions outside Australia may be restricted by law. Any person who uses the Website and/or Services outside of Australia should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of applicable laws. The Website and/or Services are not intended to be made available in any place in which, or to any person to whom, it would be unlawful for the Website and/or Services to be made available.
Third Party Links
The Website may include third party content which is subject to that party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.
The Website includes links to third party websites which are not related to the Company and in relation to which the Company has no control or interest. Links to third party websites do not constitute any endorsement or approval of those websites or of the owners of those websites.
The Company is not responsible for the accuracy of information contained on other websites accessed by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or the Services, including by content published on the Website, are solely between you and such advertiser. The Company will not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings, including by payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, or as the result of the presence of such advertisers on the Website.
Ongoing Obligations
These Terms and Conditions, as modified by the Company from time to time, will apply to you for so long as you access the Website or use the Services. Any clause of these Terms and Conditions which by its nature or effect is intended to continue to apply to you after you stop accessing Website or using the Services, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website or using the Services.
Liability
You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms and Conditions operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Consumer and Competition Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (Non-excludable Obligations).
Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded these Terms and Conditions.
Privacy Policy
Your use of the Website is governed by our Privacy Policy, which is located and accessible at the Website.
Company Content
The Company grants to you a limited non-exclusive right to access and use the Website and all other content and material associated with the Website which are owned by the Company (and for the avoidance of doubt includes the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data, logos, brand names and other content incorporated into the Website) (Company Content) for the purposes of using and enjoying the functionality of the Website and the Services (Access Right). The Access Right ends after you stop using the Website or these Terms and Conditions otherwise cease or are terminated.
Material appearing on this website is subject to copyright vested in the Company or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
You must not copy or reproduce the Company Content or any other element of the Website by any means or in any form without the Company’s prior written consent, except to the extent strictly required for you to access and use the Website. You are solely responsible for your use of the Company Content and must ensure that the Website is protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that the Company modifies, enhances, update or upgrades any other part of the Website, these Terms and Conditions apply to that Website part.
Requests and inquiries concerning reproduction and rights should be addressed to Chantelle Pin at autism.com.au (contact@autism.com.au).
Contributing Content
If you submit content for the Website in any format, including text, photographs, graphics, video or audio (User Content), you grant the Company an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the Website. You acknowledge that content submitted by you may be accessible by the public through the Website.
You agree that the Company may use User Content in any way, now and in the future. The Company also reserves the right not to use or publish on the Website any User Content.
You warrant that you have all of the necessary rights, including copyright, in any User Content, that the User Content is not defamatory and that it does not infringe any law. You further warrant that the User Content they contribute complies with any relevant professional obligations.
You waive any moral rights in your User Content for the purposes of its submission to and publication on the Website.
The Company does not provide any protection as against third parties to the intellectual property in any User Content submitted. By submitting User Content, you warrant that you have all necessary permissions and licences for the use of the User Content and you agree to indemnify the Company against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these Terms and Conditions.
Collaboration spaces and user submitted content
You acknowledge that the Website is created, managed, and administered by the Company and may provide opportunities for registered users to post comments and collaborate with other users. However, the Company is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.
You recognise that the Company cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website submitted by users.
Notwithstanding the above, the Company may monitor the content of the website from time to time and may remove any content it deems to be inappropriate or unacceptable to protect itself and users.
Intellectual Property
Unless otherwise indicated, the Company owns the Company Content. All rights (including but not limited to intellectual property rights) in the Services, Website and Company Content will remain the property of the Company in all respects, regardless of whether or not such modifications or alterations were authorised by the Company (pursuant to these Terms and Conditions, or otherwise). All trademarks appearing on the Website belong to their respective owners.
You acknowledge that the grant of the Access Right and these Terms and Conditions do not include any transfer of title or ownership to you of any rights in the Services, Website and the Company Content (including any associated intellectual property rights, which include but are not limited to rights of copyright).
Cookies
You acknowledge that and agree that the Company may, from time to time, use cookies in connection with the Website and/or Services, for purposes included but not limited to storing your Website preferences, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Website to you. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the Website and/or Services.
General – Entire Agreement
These Terms and Conditions set out the entire agreement between you and us in relation to your use of the Website and the Service.
Waiver and Severability
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.
Updates and Amendments
The Company may from time-to-time and at its discretion amend these Terms and Conditions and publish updated Terms and Conditions on the Website. Your continued use of the Website and the Service will be subject to any updated Terms and Conditions.
The Company may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.
Governing Law
These Terms and Conditions are to be governed by and construed in accordance with the laws of State of Queensland, Australia. If any terms of the Terms and Conditions conflicts with the provisions of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. The Website may be accessed from outside Australia. The Company makes no representation that the Services or Company Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.