Disability Platform :: Terms & Condition

Terms & Condition

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND LIMITATIONS AND EXCLUSIONS THAT MAY AFFECT YOU.

TotalAbilityAustralia.com.au Terms of Service Welcome to TotalAbilityAustralia.com.au Platform for disabled community bringing suppliers, Volunteers, donors and policy makers together

This Agreement describes the terms and conditions applicable to your use of our services available under the domain, sub-domains and mobile apps of TotalAbilityAustralia (the "Site"). By using the TotalAbilityAustralia application and mobile apps (the "Website" and “mobile apps”) you agree to be bound by these Terms of Service (this "Agreement").

These Terms of Service govern the use of the disability platform offered by TotalAbilityAustralia.com.au application or mobile applications. TotalAbilityAustralia or TotalAbilityAustralia.com.au has been used alternately throughout and mean the same disability platform and its mobile app.

You agree to use TotalAbilityAustralia on the basis that you fully agree and adhere to all the Privacy policy, terms and agreements in this document. This document may change from time to time and you consent to agree to any additions or modification to privacy policy and terms & conditions related to TotalAbilityAustralia application and mobile apps.

You represent and warrant that t: you are over legal age or older legally required age in Australia or other country in which you reside, and are otherwise capable of entering into binding contracts, and you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a supplier, volunteer or disability organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Service, the Privacy Policy in order to access and use the TotalAbilityAustralia Platform.

TotalAbilityAustralia is a platform for disability community including volunteers, suppliers of products and services and donors for disability community and this terms and condition and privacy policy addresses every features, functions and technical aspects of this platform. Other general terms of the application and mobile app as below

Exiting from totalabilityaustralia.com.au application and mobile app

You can exit out of totalabilityaustralia.com.au application and mobile app at any point of time.

totalabilityaustralia.com.au will not refund any part payment for that month to supplier’s for the subscription payments paid to totalabilityaustralia.

totalabilityaustralia.com.au will not provide you any backup or deletion for data or content or transaction to any of its user types e.g. users, volunteers or suppliers.

Data issues, information mismatch

totalabilityaustralia.com.au will not resolve any of your data issues or mismatch.

totalabilityaustralia.com.au provides you with the application in the form of a platform. The data and contents are generally submitted by suppliers of products and services or volunteers or differently abled users. You as a user type and an user of the platform agree to configure this application according to your needs and work within the boundaries of totalabilityaustralia.com.au

SO FAR AS THE LAW PERMITS:

totalabilityaustralia.com.au IS NOT LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE TO ANY THRID PARTY OR INDIVIDUAL. BY AGREEING TERMS AND CONDITION YOU DO NOT HOLD TOTALABILITYAUSTRALIA LIABLE FOR ANY DIRECT OR INDIRECT DAMANGES ON USING THIS PLATFORM.

Governing law

The laws of New South Wales (NSW), Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of NSW.

Basic Terms

Types of Users

Disability users- You are responsible for the use of TotalAbilityAustralia service including networking and collaboration, buying services, products, finding and communicating with volunteers for any special services or for knowledgebase,articles or messages on TotalAbilityAustralia and its consequences thereof. TotalAbilityAustralia is no way responsible for any users post and information being shared with others. The content you share with others using networking and collaboration can be viewed by your network. You should always post content which you are comfortable sharing with others. Please don’t post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, racist and harmful (including but not limited to viruses, corrupted files, or any other similar software or programs). Please do not post illegal or copyright materials of others, material of controversy or material, which can cause tension and stress among user or society. While buying and products or services its your responsibility to check and complete due diligence before completing the transaction with the supplier or volunteer. TotalAbilityaustralia is a platform and do not manage or check the authenticity and/or vetting the accuracy of supplied information.

Disability suppliers –Are the users, companies and organization supplying products and services to disability community. These suppliers can use the e-commerce platform to display the products, services and its prices to disability community. Disabled users can purchase the products using the shopping cart and paying directly using paypal or credit card.

Disability volunteers –These are volunteers working for this community and supporting the community. Disabled users can search volunteers in their locality and for particular category or job and can send messages and finalise the tasks and delivery along with price if any. The delivery of the service and payment (if any) is outside the platform. Disabled users shall make sure of the authenticity of the volunteer before offering the task/job. TotalAbilityaustralia doesn’t take any responsibility of the volunteer, its competencies and any risk or damage arising from selection of the volunteer/s.

Disability donors –Are the corporates and individuals who are donating for a campaign or a cause.

Though the application is for disabled community, however this may not fully address all types of users in disability. If due to certain disability an user cannot use the platform, will not held TotalAbilityAustralia liable for it. It’s a platform created without any financial aid or capital from any source. Its created by an individual from his saving to help disability community.

User’s Rights

As a user you retain the rights to all contents, articles posted by you on TotalAbilityaustralia. You don’t have the right of the posts made in your posts. However Business and Location information which you contribute in TotalAbilityaustralia will be the content of TotalAbilityaustralia and can be used by everyone.

TotalAbilityaustralia Rights

TotalAbilityaustralia’s services, logo, concept and the software is a copyright of TotalAbilityaustralia. No part of the content, software, logo or the platform can be reproduced in part or whole by anyone.

TotalAbilityaustralia at all times has the right to modify, delete or restrict user, or user content from being posted. TotalAbilityaustralia reserves the right to access, read and disclose any personal information or content posted by user is it violates the law or being question by law.

TotalAbilityaustralia Service to Disability users

TotalAbilityaustralia service is available as is. If there is any software glitches please send us a mail at admin@totalabilityaustralia.com.au. We do not guarantee that the glitch will be resolved immediately or will there be a delay. We may from time to time bring new releases and functionality which may alter the way you use the service.

For suppliers there may be a subscription fee and or service and handling fees.

User Eligibility

You must be above the legal age to user the application/mobile app or register as a member.

You may use this application/mobile app during the time you are a registered user.

TotalAbilityAustralia is an online platform for disability community.

The application/mobile app functions as a facilitator or platform to connect disabled community with their suppliers of products and services, volunteers helping disabled community and raising funds and donations for differently abled community. As a neutral facilitator, TotalAbilityAustralia is not directly involved in the actual content of post by user’s in their space in the application/mobile app. As a result, TotalAbilityAustralia has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user, suppliers, volunteers, donors remains with the users of the services should verify before any transactions or connections are made.

TotalAbilityAustralia also does not confirm nor verify the users. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any User on the Site. Because TotalAbilityAustralia assists disability users in find friends and relations, volunteers and suppliers it is upto each individuals whom to accept as a relation and whom not.

Presently TotalAbilityAustralia for disability users is free. For suppliers selling products and services and using the e-commerce function will pay a subscription fee.

We may modify or discontinue this application/mobile app and the services available in it without notice or liability to you. It is the responsibility of the user to ensure that they abide at all times to the posted Terms and Conditions on the TotalAbilityAustralia application/mobile app. We can use advertisement on user content or any other form of advertisement on this service.

Suppliers and volunteers Vetting

Though there are some basic vetting process for suppliers and volunteers using our online detail capture TotalAbilityAustralia cannot confirm that each User is who they claim to be and therefore, TotalAbilityAustralia cannot and does not assume any responsibility for the accuracy or reliability of identity or background or any information provided through the TotalAbilityAustralia Platform. This is a platform to help the disabled community and the users should perform a due diligence against the volunteer or supplier before requesting for any products or services from them.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and financial safety, just as you would when interacting with other persons whom you don’t know. TotalAbilityAustralia is not responsible for the conduct, whether online or offline of Totalabilityaustralia users and are not liable for any damage, injury, or claims committed by any of its users. Totalabilityaustralia can remove or suspend such users to use the platform once being brought to the notice of TotalAbilityAustralia team via admin@totalabilityaustralia.com.au email.

Suppliers and volunteers

You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a supplying services or products to differently abled users. As a supplier or volunteer using Totalabilityaustralia platform should comply with Australian laws of selling goods and services to differently abled community. You will also comply with all laws against warranty, claims, and damages. You will be supplying the products and services to the standards and quality laid down in Australian quality standards for supplying to disabled community.

USERS BUYING THE PRODUCTS AND SERVICES SHALL MAKE ALL CHECKS BEFORE BUYING THE PRODUCTS. TOTALABILITYAUSTRALIA ONLY PROVIDES THE PLATFORM. THE PRODUCTS AND SERVICES ARE BEING SOLD BY THE SUPPLIERS AND VOLENTEERS. TOTALABILITYAUSTRALIA NITHER CHECKS NOR CONTROLS THE SUPPLIERS WHO REGISTERS ON THE APPLICATION. IN CASE OF COMPLAINTS, TOTALABILITYAUSTRALIA CAN SUSPEND OR REMOVE THE SUPPLIER OR VOLENTEER AND TOTALABILITYAUSTRALIA IS NOT LIABLE FOR ANY CLAIMS, DAMAGES OR INJURY CAUSED BY THE PRODUCTS OR SERVICES OF THE SUPPLIER OR VOLENTEERS.

Billing and Payment

Users of products and services will pay to TotalAbilityAustralia for buying any products or services from suppliers. TotalAbilityAustralia will in turn pay the suppliers after deducting 5% as cost of bank transaction fee and other handling and service charges. Totalabilityaustralia doesn’t sell the product but provides platform to suppliers to sell their products and services. Therefore, users buying and products and services shall make sure that the product meets their needs and standards.

WARRENTY, REFUND AND ANY OTHER PRODUCT DETAILS REQUIRED SHOULD BE DISCUSSED DIRECTLY WITH SUPPLIER BEFORE BUYING THE PRODUCT OR SERVICES AND TOTALABILITYAUSTRALIA IS NOT RESPONSIBLE OR ACCOUNTABLE FOR ANY SUCH PRODUCT LIABILITY OR PRODUCT WARRENTY.

For volunteers, disabled user can email the requirement and the services exchange and its payments will be outside the platform. This platform will allow disabled user to find the volunteer for particular services in his/her locality.

Acceptable Use

Totalabilityaustralia Platform may contain profiles, email systems, blogs, message boards, applications, postings, chat areas, news, blogs, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of TotalAbilityAustralia Platform, you may not share your personal contact information with other Users.

Without limitation, while using the TotalAbilityAustralia Platform, you may not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff, or use information learned from the TotalAbilityAustralia Platform defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User.

Publish, post, upload, distribute or disseminate any defamatory, infringing, obscene or unlawful topic, name, material or information.

Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

Advertise or offer to sell any goods or services for any commercial purpose through the TotalAbilityAustralia Platform which are not relevant to disabled community.

Sell products and services of others which you are not legally allowed to sell or you don’t have right to sell.

Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.

Post the same MESSAGE repeatedly (“Spamming”). Spamming is strictly prohibited.

Restrict or inhibit any other User from using and enjoying the basic features of the application/mobile app.

Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.

Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the TotalAbilityAustralia Platform in any manner.

Hack or interfere with the TotalAbilityAustralia Platform, its servers or any connected networks.

Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by other companies.

Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

Use the TotalAbilityAustralia Platform to collect usernames and or/email addresses of Users by electronic or other means.

Use the TotalAbilityAustralia Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.

Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.

Cause any third party to engage in the restricted activities above.

Some rules you should always follow

Violate any applicable law or regulation;

Access, tamper with or use non-public or non-authorized areas of the Site.

Tamper with postings of other users;

Post logos, seals or slogans from third parties on any part of the Site

Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;

Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;

Frame or link to the Site except as permitted in writing by TotalAbilityaustralia;

Impersonate or misrepresent your affiliation with any person or entity.

not engage in conduct that is misleading or deceptive or is likely to mislead or deceive;

Post or transmit any content that infringes a third party's intellectual property rights or rights of publicity or privacy;

Post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of TotalAbilityaustralia or other users or otherwise objectionable;

Carry out any action may attract legal action against such user or user’s. If an user continues to use the service with a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated, failure to respond to an email from TotalAbilityaustralia regarding violation, dispute or complaint may attract legal action.

You understand that all submissions made to TOTALABILITYAUSTRALIA will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and TotalAbilityAustralia will not be responsible for the action of any Users with respect to any information or materials posted in application/mobile app.

Cancellation

We may cancel your membership if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. TotalAbilityaustralia reserves the right to terminate any user for any reason, at its sole discretion. We will notify you if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of your registration. If TotalAbilityaustralia terminates this Use Agreement based upon Your breach of any portion of the Use Agreement, TotalAbilityaustralia reserves the right to refuse to provide registration and/or membership to you in the future.

Account, Password, Security and Mobile Phone Use

You must register as a user and create an account to use the TotalAbilityaustralia Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you for accessing the TotalAbilityaustralia Platform. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact TotalAbilityaustralia immediately.

By providing your mobile phone number and using the TotalAbilityaustralia Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the TotalAbilityaustralia Platform. You may opt-out of receiving text messages from us by modifying your account settings on the application or mobile application, or by emailing

Links to Other Websites

TotalAbilityaustralia Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Company of those sites or their content. They are provided as an information service, for reference and convenience only. Company does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by TotalAbilityaustralia Terms of Service or Privacy Policy. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on TotalAbilityaustralia Platform. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the TotalAbilityaustralia Platform.

As part of the functionality of TotalAbilityaustralia Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the TotalAbilityaustralia Platform; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to TotalAbilityaustralia and/or grant TotalAbilityaustralia access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the TotalAbilityaustralia Platform via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the TotalAbilityaustralia Platform.

Therefore, the platform may contain links to other web sites or resources. You acknowledge and agree that TotalAbilityaustralia is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at your own risk.

Platform and types of users and works

AS SET FORTH, TotalAbilityaustralia DOES NOT PERFORM ANY REAL ACTION OR TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THESE TASKS. TotalAbilityaustralia is a platform to support and help disabled community. The actions are performed by disability users, suppliers, volunteers and donors.

You (Disability users) agree to indemnify, hold harmless and defend TotalAbilityaustralia from any and all claims that a supplier or volunteer misclassified or misrepresented his/her products and or services.

Disclaimer of Warranties

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

TotalAbilityaustralia PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TotalAbilityaustralia MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH TotalAbilityaustralia PLATFORM OR THE CONTENT OF ANY SITES LINKED TO TotalAbilityaustralia PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TotalAbilityaustralia PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TotalAbilityaustralia PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TotalAbilityaustralia WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS, VOLENTEERS OR PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, TotalAbilityaustralia WARRANT THAT ACCESS TO TotalAbilityaustralia PLATFORM WILL BE UNINTERRUPTED OR THAT TotalAbilityaustralia PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TotalAbilityaustralia PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY ACTIVITIES, TRANSACTIONS OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF TotalAbilityaustralia PLATFORM.

TotalAbilityaustralia IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

TotalAbilityaustralia CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

TotalAbilityaustralia are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, our advertisers or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.

TotalAbilityaustralia ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

TotalAbilityaustralia assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. TotalAbilityaustralia are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. TotalAbilityaustralia cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.

No Liability

YOU ACKNOWLEDGE AND AGREE THAT TotalAbilityaustralia IS ONLY WILLING TO PROVIDE THE TotalAbilityaustralia PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD TotalAbilityaustralia LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE TotalAbilityaustralia PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TotalAbilityaustralia AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO TotalAbilityaustralia GUARANTEE.

UNDER NO CIRCUMSTANCES WILL TotalAbilityaustralia BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE TotalAbilityaustralia PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TotalAbilityaustralia DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA TotalAbilityaustralia PLATFORM.

NEITHER TOTALABILITYAUSTRALIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TOTALABILITYAUSTRALIA 's LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.

TotalAbilityaustralia is not responsible for any liability related to the completion, timeliness, adequacy listed on our Site. Any questions, complaints or claims related to the completion, timeliness, and adequacy should be directed to the appropriate TotalAbilityaustralia users.

Reservation of Rights; Limited Licenses

TotalAbilityaustralia shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the TotalAbilityaustralia logo and name are trademarks of TotalAbilityaustralia, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.

Except where expressly provided by TotalAbilityaustralia, nothing in this Use Agreement shall be construed to confer any license under any of TotalAbilityaustralia 's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.

Errors and Disclaimer of Warranties

YOU USE THE SITE AT YOUR RISK. We Endeavour to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material You maintain on or use with the Site.

As mentioned above, we remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

TOTALABILITYAUSTRALIA MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TOTALABILITYAUSTRALIA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification

You hereby agree to indemnify, defend, and hold harmless TotalAbilityaustralia, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use TotalAbilityaustralia Platform, or (ii) any content submitted by you or using your account to TotalAbilityaustralia Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. TotalAbilityaustralia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of TotalAbilityaustralia.

You agree to defend, indemnify, and hold harmless TotalAbilityaustralia , its officers, directors and employees from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against TotalAbilityaustralia for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.

Disputes come in all shapes and sizes, from arguments and or disagreements over small issues.

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. Most States have a Dispute Settlement Centre which normally provides a free service and can offer advice and tips for dealing with matters yourself. These Centre’s also provide neutral, objective mediators to help you resolve disputes of any size or complexity. All cases will be resolved in the court in SYDNEY, NSW, AUSTRALIA.

There are also Industry Based Ombudsman Schemes that can help with tips for following up on conflicts or complaints.

Special Promotions

TotalAbilityaustralia may from time to time provide certain promotional opportunities to Users. All such promotions will be run at the sole discretion of TotalAbilityaustralia, and can be activated, modified or removed at any time by TotalAbilityaustralia without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities shall be limited pursuant to No Liability clause of these Terms of Service, including but not limited to No Liability of these Terms of Service.

General Provisions

Failure by TotalAbilityaustralia to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and TotalAbilityaustralia with respect to its platform. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of TotalAbilityaustralia, its successors and assigns.

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of TotalAbilityaustralia . Any attempt by you to assign, transfer or delegate this Use Agreement without the express written permission of TotalAbilityaustralia shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and TotalAbilityaustralia.

This Use Agreement will be governed by the law of NSW, Australia, without regard to its conflicts of law provisions.

The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and TotalAbilityaustralia with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.

Please print out a copy of this Use Agreement for Your records.

Provide Accurate Information

You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Site, you agree to provide true, accurate and complete information. TotalAbilityaustralia reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate.

Your TotalAbilityaustralia account and User ID may not be transferred or sold to another party.

Privacy

Any personal information or membership information provided to TotalAbilityaustralia is subject to Privacy policy, which governs our collection and use of this information. By agreeing to these terms you consent that your information can be stored and used as per our privacy policy. The storage of this information can be in different servers located in different countries. By agreeing to this term you also consent that you will receive mails and communications related to TotalAbilityaustralia administrative actions, postings and advertisements.

Content

All Content, whether publicly posted or privately sent, is the sole responsibility of the user who originated such Content. We may not monitor or control the Content posted via the TotalAbilityaustralia and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Impersonation

TotalAbilityaustralia doesn’t allow a user to impersonate any other person (use of other persons name or identity). Identity theft is treated seriously and may attract legal action.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

Penalties

Without limiting TotalAbilityaustralia ’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information You provide to Us; or (c) if We believe that your actions may cause legal liability for You, our users or for TotalAbilityaustralia. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use TotalAbilityaustralia service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below.

We reserve the right to institute additional penalties and fees for repeated violations of the use Agreement and/or our written policies and procedures posted on the Site.

Notices

TotalAbilityaustralia will provide notices by posting them on the platform and you agree to check the Site for notices. You also authorize TotalAbilityaustralia to send notices to You, at TotalAbilityaustralia 's discretion, via email unless You otherwise indicate in writing to TotalAbilityaustralia. Regardless of whether TotalAbilityaustralia sends an email notification, You will be considered to have received a notice when it is made available to you by posting on the platform.

Protection of Copyrights and Trademarks

The platform contains trademarks and other material furnished by TotalAbilityaustralia , platform users such as suppliers, volunteers and other users. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of TotalAbilityaustralia or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect TotalAbilityaustralia 's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; you must immediately destroy any copies you have made of the Site Content; and we may revoke your authorization to use the Site.

Reproduction

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by TotalAbilityaustralia . TotalAbilityaustralia reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if TotalAbilityaustralia believes that a User's conduct violates applicable law or is harmful to the interests of TotalAbilityaustralia.

Intellectual Property Policy

TotalAbilityaustralia respects the intellectual property of others and expects our users to do the same. At our discretion and in appropriate circumstances, TotalAbilityaustralia may terminate the accounts of users who infringe upon the intellectual property rights of others.

Scalping

We acknowledge that in some cases individuals who purchase tickets for their own use, but due to unforeseen circumstances cannot attend the event and so resell their tickets to recoup lost funds. TotalAbilityaustralia does not promote scalping.

Site Improvements

We may modify or discontinue this application including mobile app and the services available at it without notice or liability to you. It is the responsibility of the user to ensure that they abide at all times to the posted Terms and Conditions on TotalAbilityaustralia app or Website or application.

You agree to pay the subscription fee as levied from time to time. You may be notified by email of any change of fee. You agree to pay the subscription fee or any setup fee as stated while creating your account with TotalAbilityaustralia. This subscription fee or setup fee can increase from time to time and you agree to pay the fee for all your future consumption of services of TotalAbilityaustralia from the date of increase.

Exiting from totalabilityaustralia.com.au application and mobile app

You can exit out of totalabilityaustralia.com.au application and mobile app at any point of time.

totalabilityaustralia.com.au will not refund any part payment for that month to supplier’s for the subscription payments paid to totalabilityaustralia.

totalabilityaustralia.com.au will not provide you any backup or deletion for data or content or transaction to any of its user types e.g. users, volunteers or suppliers.

Data issues, information mismatch

totalabilityaustralia.com.au will not resolve any of your data issues or mismatch.

totalabilityaustralia.com.au provides you with the application in the form of a platform. The data and contents are generally submitted by suppliers of products and services or volunteers or differently abled users. You as a user type and an user of the platform agree to configure this application according to your needs and work within the boundaries of totalabilityaustralia.com.au

SO FAR AS THE LAW PERMITS:

totalabilityaustralia.com.au IS NOT LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE TO ANY THRID PARTY OR INDIVIDUAL. BY AGREEING TERMS AND CONDITION YOU DO NOT HOLD TOTALABILITYAUSTRALIA LIABLE FOR ANY DIRECT OR INDIRECT DAMANGES ON USING THIS PLATFORM.

Governing law

The laws of New South Wales (NSW), Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of NSW.

IMPORTAN