Terms and Conditions

These Terms apply to Your access and use of the Website owned and operated by QLDCS, and to the extent applicable, any membership offer you accept from QLDCS.

Your Acceptance of These Terms

By:

continuing to access the Website, You agree to accept and be bound by section 1 of these Terms as they appear on the Website from time to time;
registering an account as a User through the Website, You agree to accept and be bound by section 1 of these Terms as they appear on the Website from time to time, and section 2 of these Terms which apply specifically to your User account;
registering an account as a Service Provider through the Website, You agree to accept and be bound by section 1 of these Terms as they appear on the Website from time to time, and section 3 of these Terms which apply specifically to Your Service Provider account.

Interpretation

Unless otherwise stated, defined terms in these Terms have the following meanings:

Enquiries mean enquiries which are able to be submitted by a User through the Website functionality in search of a Service Provider who matches their requirements;
Matched Service Providers mean Service Providers that match a User’s requirements (as noted in the User’s Enquiry) for their sought after Service Provider based on information provided by the Service Provider;
QLDCS means QLD CS Pty Ltd (ACN 673 143 470) trading as DiversAbilities;
Service Provider means anyone who registers an account as a service provider through the Website;
Terms mean these terms and conditions;
User means anyone who registers an account as a user through the Website;
Website means the website viewable via domain diversabilities.com.au;
You or Your means the person accessing and using the Website, either without registering an account, or registering as a User or Service Provider;
Your IP means any videos, photos, images, logos or text You upload to the Website or provide to QLDCS for the purpose of displaying on the Website or for any other related purpose.

Section 1 – General Website Terms and Conditions

Content on the Website
1. The content appearing on the Website is subject to change at any time.
2. Content freely available for viewing by anyone on the Website is for information purposes only.
3. QLDCS attempts to keep the content appearing on the Website relevant and up to date, however, except as otherwise required by law, QLDCS does not warrant the accuracy, currency or continuity of the content appearing on the Website at any time.
4. Some of the content appearing on the Website has been provided by third parties, including, but not limited to, Users and Service Providers, and QLDCS does not pre-vet or verify the accuracy or currency of information uploaded to the Website by Users or Service Providers.
5. QLDCS may also seek consent from third parties to feature content created by them which QLDCS considers may be useful to anyone who accesses the Website, on the Website, including but not limited to videos, podcasts, useful links, blogs, documents or images. In doing so, QLDCS does not pre-vet or verify the accuracy or currency of that information.
6. QLDCS’s decision to include any third-party content or any links to any third-party website on the Website does not constitute QLDCS’s recommendation or endorsement of:
  that content featured or any statements or findings in that content;
  
  the author of featured content;
  
  the content which appears on any third party website linked;
  
  the owner of any linked third-party website; or
  
  any products and / or services sold through that third-party website.
7. Your access to any third-party websites linked on the Website is solely at your own risk.
8. Service Providers upload information about themselves and their service offerings when registering their Service Provider account through the Website. QLDCS does not pre-vet or verify the accuracy of any information any Service Provider provides when creating their account before that information is published on the Website. You are responsible for verifying any such information, the suitability of their goods or services offered for Your intended use, and any eligibility requirements around use of those goods or services before You acquire any goods or services from those Service Providers.
9. When You click on a link on the Website, You may be taken to another website. Those other websites accessible via those links are operated by third parties and outside of QLDCS’s control. You should review the privacy practices and terms of use available on that site prior to engaging with the site.
10. If You consider any content that has been posted anywhere on the Website to be offensive, please email QLDCS at admin@diversabilities.com.au with a link to the relevant content and Your reasons for objecting to it. QLDCS will consider your objection and determine whether the content should be removed from the Website at QLDCS’s absolute discretion.
11. As at the date of publishing these Terms, the Service Providers listed on the Website and in the preliminary results of any Enquiry, are shown [in no particular order].
Intellectual Property Rights
1. QLDCS reserves all rights in relation to the copyright and trade marks owned by QLDCS, or licenced to QLDCS, appearing on the Website. You agree not to use any of QLDCS’s copyright or trade marks without QLDCS’s prior written consent.
2. Nothing You do on or in relation to the Website will:
  license to You any intellectual property rights in the content appearing on the Website; or
  
  transfer any intellectual property rights in the Website, or any content appearing on the Website, to You.
3. You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the content on the Website, except as permitted by these Terms or as agreed by QLDCS in writing.
4. The use of any trade marks on the Website that are not owned or licensed by QLDCS is not intended to indicate any association with, or endorsement by, the owner of that trade mark unless otherwise expressly stated.
5. Making electronic, or other, copies of any content displayed on the Website, or the Website itself, with the intent of reproducing them in whole or in part is strictly prohibited.
6. You are expressly prohibited from using any content available on the Website, or accessible via the Website, for any purpose which might reasonably be considered to compete with the Website.
7. If You upload any of Your IP to the Website (for example, when You create a User or Service Provider account, when You contribute to any community discussions through the Website or when You upload any permitted advertising content for display on the Website), You provide QLDCS with an irrevocable, worldwide, royalty free, licence in perpetuity to use, reproduce and publish Your IP on the Website for the purpose in which You provided it to QLDCS.
8. You agree that QLDCS can also use Your IP for the purpose of promoting the Website, for promoting Service Providers that can be found through use of the Website and for promoting any events advertised through the Website, including by using Your IP on any social media platforms in which QLDCS maintains a presence, any third party website on which QLDCS advertises the Website, in any direct marketing communications and in any earned media.
Your Use of the Website
1. In accessing and using the Website, You must not post or transmit on any part of the Website (including, but not limited to, in the community discussions) content which:
  breaches any laws or regulations or are contrary to any relevant standard or code;
  
  interferes with other users of the Website, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Website user from using the Website;
  
  constitutes the promotion of gambling, the promotion of another website or commercial advertising (except as expressly permitted under clause 10 of section 1 of these Terms or under section 3 of these Terms, if applicable);
  
  infringes anyone else’s copyright or other intellectual property rights;
  
  tampers with, hinders or modifies the Website or any feature on the Website; or
  
  knowingly transmits any viruses or other disabling features to the Website.
2. When providing QLDCS with information through the Website, or by any other means, You understand and agree not to provide false information about yourself, not to impersonate another individual or provide misleading or false content.
Privacy
1. When You provide QLDCS with Your personal information through the Website, or any other way, You agree that QLDCS will handle that information in accordance with the QLDCS Privacy Policy and You consent to QLDCS collecting, using and disclosing that information accordingly.
Creating and maintaining accounts through the Website
1. Unless it is appropriate for You to register accounts as both a User and a Service Provider as contemplated under clause 5(b) of Section 1 of these Terms, You should only register one account, as either a User or a Service Provider, as is relevant to Your circumstances.
2. You should not register an account through the Website as both a User and a Service Provider unless You:
  provide relevant services for those with disabilities; and
  
  wish to seek third party services as someone who themselves has a disability or who cares for someone with a disability.
3. If it is appropriate for You to register accounts as both a User and a Service Provider as contemplated under clause 5(b) of Section 1 of these Terms, You should use:
  Your Service Provider account when offering Your services to Users; and
  
  Your User account when seeking out services yourself to be provided by third party Service Providers for Your own personal benefit or for the benefit of someone else that You care for.
4. You are responsible for creating an appropriate and secure password when registering an account on the Website, and for keeping Your login details secure and confidential.
5. You must not allow any third party to access an account created by You on the Website with your login details.
6. You must notify QLDCS of any suspected or known unauthorised access to Your account on the Website using Your login details, and take immediate steps to secure the account by changing Your password.
7. You must promptly update any information provided by You in connection with the account created by You following in changes in that information.
8. QLDCS may terminate Your access to any account created by You through the Website if:
  You breach any of these Terms relevant to You;
  
  QLDCS imposes new terms relevant to Your use of an account, which set out that they require Your formal acceptance, and which You do not accept, in which case Your account may be terminated following any applicable notice period before any such change takes effect; or
  
  QLDCS ceases providing the Website or the relevant accounts on the Website.
9. Once You create an account on the Website, that account will remain active unless and until:
  You terminate the account;
  
  QLDCS terminates Your account as contemplated under clause 5(h) of section 1 of these Terms; [or
  
  [You fail to login to the account for more than [timeframe], in which case the account may be terminated as an inactive account].
10. Once accounts (either User or Service Provider) are terminated and deactivated, all data stored in relation to those accounts will be deleted and will irretrievable by You.
Liability
1. You acknowledge and agree that:
  1. QLDCS is not, and will not, be a party to any arrangement made between any User and Service Provider in relation to the supply of any goods or services by the Service Provider for the benefit of the User, and that any such arrangement will be between the User and Service Provider and subject to any terms and conditions agreed between them; and
  2. QLDCS does not pre-vet or verify any information that Users or Service Providers make available through the Website; and
  3. whilst QLDCS makes reasonable attempts to keep information it publishes through the Website accurate and current, errors or delays in updating such information may occur, and it is Your responsibility to check the accuracy and currency of such information before You use or rely on such information; and
  You irrevocably release QLDCS from any claim or liability in this regard.
2. You agree to indemnify QLDCS and hold QLDCS harmless from any loss, cost, damage, liability or expense (including legal costs on a full indemnity basis) incurred or suffered by QLDCS arising out of or in connection with:
  any false or misleading information You publish on the Website or You make available to QLDCS to provide to any third party on Your behalf;
  
  the supply, or agreement to supply, any goods and services between You and any User or Service Provider (as the case may be);
  
  any content You submit, post, transmit or otherwise make available through the Website (including, but not limited to, in the community forum available through the Website) in breach of these Terms, Your use of the Website in breach of these Terms, or Your violation of any rights of another.
3. To the maximum extent permitted by law, QLDCS excludes:
  all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, data, use of data or anticipated savings or benefits or damage to reputation), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to a person’s use of the Website, any content found on or through it, or use of any goods or services acquired through connections made through use of the Website; and
  
  any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred, or the general law that impose any liability or obligation on QLDCS in connection with a person’s use of the Website or any content found on or through it.
4. Despite the above, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied under these Terms, and QLDCS’s liability for breach is unable to be excluded, but can be limited, QLDCS’s liability for such breach is limited to, at QLDCS’s option:
  in the case of a supply of goods, replacing the goods, supplying equivalent goods or having the goods repaired; or
  
  in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
5. Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
6. To the extent permitted by law, all information on or linked to the freely available parts of our Website is provided “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
7. Whilst QLDCS takes steps to maintain the Website and its availability, QLDCS does not warrant that Your access to or use of the Website will be uninterrupted or error free, or that the Website or any material on or accessible through the Website is free from errors, viruses, worms, trojan horses or other harmful components.
Security of Information
1. No data transmission over the Internet can be guaranteed as totally secure. QLDCS does not warrant and cannot ensure the security of any information which You transmit to QLDCS over the internet. For this reason, any information which You transmit to QLDCS is transmitted at Your own risk. QLDCS will however take reasonable steps to preserve the security of such information once QLDCS receives Your transmission.
General
1. If any part of the Terms would, but for this clause 8(a) of section 1 of these Terms be void, unenforceable or illegal in a jurisdiction:
  the provision is read down to the extent necessary to avoid that result; and
  
  if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
2. These Terms will be governed by the laws of Queensland, Australia and by continuing to use the Website, You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
3. QLDCS may revise these Terms from time to time by posting a revised version on the Website which, save as otherwise noted in section 3 of these Terms in relation to paid membership options, will come into effect on and from the time of QLDCS uploading the revised terms to the Website, unless otherwise stated in the revised Terms when published. All registered Users or Service Providers at that time will receive email notification of the changes.
4. No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under these Terms will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under these Terms.
5. These Terms contain the entire understanding between QLDCS and You in relation to this subject matter and supersedes any previous arrangement, understanding or agreement relating to this subject matter.
6. There are no express or implied conditions, warranties, promises, representations or obligations, written or oral, in relation to this agreement other than those expressly stated in these Terms or necessarily implied by statute.
7. Subject to clause 8(h) of section 1 of these Terms, both You and QLDCS agree to use reasonable endeavours to resolve any dispute that arises in connection with these Terms by mediation before bringing a legal claim or starting legal proceedings against the other.
8. Nothing in these Terms prevents either of You or QLDCS from seeking any urgent equitable relief in relation to rights under these Terms.
9. Both You and QLDCS each consent to communicating with each other electronically and to entering into these Terms electronically through the Website.
10. Any notice to be served on QLDCS under these Terms is to be sent by email to admin@diversabilities.com.au.
11. QLDCS will serve any notice to be served under these Terms on You to the email address You provide to QLDCS in any of your dealings with QLDCS.
Donations
1. You may make donations through the Website, which will be used by QLDCS to continue the performance and improvement of the Website.
2. You acknowledge and agree that QLDCS is not registered as a deductible gift recipient.
3. Donations, once made by You to QLDCS, are non-refundable unless otherwise required by law.
Events
1. Disability-friendly events, workshops, and activities designed to build skills, confidence, and connection may be promoted through the Website by QLDCS, Users or Service Providers. These events should provide opportunities to support learning, peer support, and community engagement for people with disabilities, their families, and carers.
2. Not all events advertised through the Website will be hosted by QLDCS. You should check the host details and any attendance terms and conditions prior to registering to attend any events advertised through the Website.
3. QLDCS does not accept any liability for any personal injury or damage to property which occurs at events hosted by third parties and advertised through the Website.
4. If You, as a User or a Service Provider, wish to advertise on the Website, an event You intend to host, You can submit a request to do so through the Website.
5. If QLDCS approves Your request to advertise Your event through the Website, You agree to hold QLDCS harmless from any loss, cost, liability or expense that QLDCS suffers or incurs in connection with that event being advertised through the Website, including, but not limited to:
  any personal injury or damage to property that occurs at the event;
  
  any infringement on third party rights arising out of the advertising content;
  
  any dispute that arises between You and any User or Service Provider who views the advertisement, registers to attend the event, or attends the event; and
  
  any variations in the event details from that advertised by You through the Website.
6. You warrant in favour of QLDCS that:
  You have the right to use any content featured in Your event advertisement on the Website to advertise Your event in the format provided to QLDCS; and
  
  that Your event advertisement as provided by You to QLDCS does not contain any false or misleading representations about the event or breach any law, regulation or code.
7. You agree to immediately notify QLDCS if there are any changes in the event details of any event You advertise through the Website.

Section 2 – User Terms and Conditions

User account creation and maintenance
1. You may register a User account through the Website if:
  You wish to contribute to community discussions using the functionality on the Website as a User; or
  
  You wish to use the Website functionality to find Service Providers who may be able to provide You with their services.
2. At the time of publishing these Terms, QLDCS does not charge any membership fees for Users to create and maintain accounts.
Service Provider Enquiries
1. As a User, you may submit Enquiries.
2. When You submit an Enquiry, You acknowledge and agree that QLDCS will use all information You provide to:
  match your stated requirements with Service Providers who claim to meet those requirements; and
  
  provide all information that You include in the Enquiry to Matched Service Providers.
3. Once QLDCS has sent Your Enquiry to Matched Service Providers, it is up to those Matched Service Providers to contact You through the contact details You provide to offer their goods or services to You.
4. QLDCS makes no representations or warranties to You about:
  whether Matched Service Providers actually meet your requirements, as QLDCS makes those matches based on information Service Providers provide to QLDCS about themselves and do not verify that information;
  
  whether any Matched Service Provider will contact You to offer their goods or services, or any timeframe within which they may do so;
  
  Your eligibility to obtain any funding from the National Disability Insurance Scheme to apply towards acquiring any goods or services from any Matched Service Providers;
  
  the quality of the goods or services provided by any Matched Service Providers;
  
  your need for any goods or services regularly provided by any Matched Service Providers.
5. Once an Enquiry has been sent, QLDCS will have no further input into Your acquisition of any goods or services from any Matched Service Provider and will not assist You in resolving any disputes which may arise between You and any Matched Service Provider.

Section 3 – Service Provider Terms and Conditions

Service Provider account creation and maintenance
1. You may register a Service Provider account through the Website if:
  You wish to contribute to community discussions using the functionality on the Website as a Service Provider; or
  
  You wish to receive Enquiries from Users who may be seeking goods or services that You provide.
2. Whilst no membership fees are payable for registering and maintaining an account as a Service Provider at the time of publishing these Terms, membership fees may be introduced at any time in the future.
3. If any membership fees for Service Providers are introduced in the future, QLDCS will provide all registered Service Providers with 30 days’ notice of the change and seek payment information for those ongoing membership fees to commence on expiration of the notice period.
4. If as a Service Provider, You do not accept any membership fees imposed by QLDCS, at any time that QLDCS may seek to impose them, by providing QLDCS with your payment information for payment of those fees, Your Service Provider account will be terminated at the expiration of that 30-day notice period and all data stored in connection with that account will be deleted.
5. If Your Service Provider account is terminated pursuant to clause 1(d) of section 3 of these Terms, You may thereafter register a new Service Provider account (subject to the payment of the relevant membership fees) at any time after that date.
6. If the Service Provider sells or transfers their business to a third party, the Service Provider must not enable that third party to access the Service Provider’s account on the Website following that sale or transfer. Any such transferee would need to create their own account on the Website following such sale or transfer.
7. You may upload Your IP to Your Service Provider account to advertise the goods and services you are able to provide to Users as a Service Provider, to the extent that those goods or services may be funded under the National Disability Insurance Scheme subject to a User’s individual eligibility.
8. Save as otherwise expressly permitted under clause 1(g) of this section 3 of these Terms, You must not upload any other advertising content to Your Service Provider account.
User Enquiries
1. As a Service Provider, You may receive Enquiries from Users using the functionality available through the Website.
2. Once You receive an Enquiry from a User, it is up to You to contact the User through the contact details provided in the Enquiry.
3. Other than providing You with the information included in the Enquiry, QLDCS will have no further input into Your offer to provide any goods or services to the User and QLDCS will not assist You in resolving any disputes which may arise between You and the User.
4. You can access the information included in the Enquiry:
  in the email which will be sent to Your email address You provide when registering a Service Provider account; and
  
  for so long as Your Service Provider account remains active, in your Service Provider account, but only the most recent 33 Enquiries will be visible in Your Service Provider account and will therefore disappear in Your Service Provider account.
5. QLDCS does not make any representations or warranties to You about:
  the accuracy of any information included in the Enquiry;
  
  the number of Enquiries You may receive;
  
  whether the User making the Enquiry needs Your goods or services;
  
  whether the User making the Enquiry may be eligible to receive any funding from the National Disability Insurance Schedule to apply towards Your services.
6. You agree to keep all User information provided to You in an Enquiry confidential, and to only use the information provided to contact the relevant User to offer Your goods or services.
7. You acknowledge and agree that Enquiries sent to You may also be sent to several other Service Providers.
Termination of Service Provider account
1. QLDCS may terminate any Service Provider account created by You if QLDCS receives complaints about You as a Service Provider which QLDCS considers may bring QLDCS into disrepute or damage the reputation of the Website.

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