Part 1  Definitions and Interpretation  

 1.1 In this Agreement, unless the context otherwise requires:

Account means the subscriber account established to enable a Subscriber to access the Service and Material.

Agreement means these Terms and Conditions, the Privacy Policy in Schedule 1, the Acceptable Use Policy in Schedule 2, the subscription details accepted by the Website Owner and any additional terms expressly notified to and accepted by you.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Content means the entire contents of the Website and Service, including layout, text, videos, recordings, graphics, logos, icons, images, databases, product information, educational resources and other multimedia content.

Material means Content and any information, document, video, course, guide, article, checklist, product information, resource or other material made available through the Service, whether created by the Website Owner or a Provider.

Provider means any third party whose material appears on or is made available through the Website or Service and any third party supplier engaged in connection with the Website or Service, including a website platform, cloud hosting provider, video hosting provider, payment processor, email provider, analytics provider, telecommunications provider, software provider, contractor, consultant or professional adviser.

Service means the subscription information service operated through the Website, including access to Material relating to occupational therapy, assistive technology and products, including by way of videos and educational resources.

Subscriber, User, you or your means the person or entity identified in the subscription details and any person accessing the Service through that Account.

Subscription Period means the period of 12 months commencing when payment is accepted and access is activated, unless a different annual commencement date is expressly stated in the subscription details.

Website means the website operated by or on behalf of the Website Owner, including its subscriber portal and associated pages, domains and subdomains.

Website Owner, we, us or our means ASSISTIVE TECHNOLOGY 4 U PTY LTD ACN 687 212 728.

1.2 The singular includes the plural and conversely; a reference to a person includes an individual, company, partnership, trust, association, authority or other entity; including and similar words do not limit what else may be included; and a reference to a law includes any amendment, replacement or subordinate legislation made under it.

Part 2  Click-Wrap Acceptance and Formation of Agreement

2.1 Before completing a Subscription, you will be required to have access to this Agreement and to indicate your acceptance by clicking an "I Agree" button or other acceptance mechanism presented on the Website.

2.2 By clicking the acceptance mechanism you warrant that you have read and understood this Agreement and voluntarily agree to be legally bound by it. If you subscribe for an employer, practice, organisation or business, you also warrant that you have authority to bind that entity.

2.3 The Agreement is formed when the Website Owner accepts your subscription application and payment and activates access to the Service. An acknowledgement generated by the Website does not oblige the Website Owner to accept a subscription application.

2.4 The Website Owner may keep an electronic record of your acceptance, including the version of the Agreement accepted, date and time of acceptance and Account information. You consent to the creation and retention of that record.

2.5 You must not permit any other person to click acceptance on your behalf unless that person is duly authorised to do so.

 

Part 3  Your Subscription

3.1 You must complete the subscription details required by us in order to access and use the Service and Material. You warrant that all subscription information supplied by you is true, complete and accurate in all material respects and undertake to keep it updated from time to time.

3.2 When we receive and accept your completed subscription application and payment of the applicable subscription fee, we will establish or activate your Account and provide or enable the login details required to access the Service.

3.3 Your Account and login details are personal to the Subscriber and are not assignable or available for use by any other party. You are responsible for maintaining the confidentiality and security of your login details, changing your password when reasonably appropriate and for all use made through your Account, except to the extent caused by our breach of a non-excludable obligation.

3.4 You must promptly notify us if you know or suspect that any login detail has been lost, disclosed or used without authority. We may require a password reset or suspend access while the matter is investigated.

3.5 Each Subscription continues for one Subscription Period and expires automatically at the end of that Subscription Period unless renewed by agreement and payment of the applicable renewal fee.

FOR THE AVOIDANCE OF DOUBT, A SUBSCRIPTION DOES NOT AUTOMATICALLY RENEW AND WE WILL NOT AUTOMATICALLY CHARGE YOU FOR A FURTHER SUBSCRIPTION PERIOD.

3.6 We may, but are not obliged to, send you one or more invitations or reminders near the expiry date inviting you to renew. An invitation does not extend the existing Subscription and does not require either party to enter into a renewal.

3.7 Any renewal is a new annual Subscription and is subject to the subscription fee and version of this Agreement then current. Unless renewal is completed before expiry, access to subscriber-only Material will cease when the current Subscription Period expires

Part 4  Licence to Use the Material and Service

4.1 When you subscribe to use our Service you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Subscription Period to access and use the Material upon this Agreement only. No title or ownership in the Material passes to you.

4.2 Under that licensed right, you may access and view the Material for your own lawful personal information and education or, where you have subscribed on behalf of a firm, practice or company, for the internal information and education of the authorised Subscriber only.

4.3 You may download or print Material only where the Website expressly provides a download or print facility and then only for the use permitted by clause 4.2. Copyright and proprietary notices must remain on all copies.

4.4 Unless we first consent in writing, you may not:

  1. share, disclose, lend, sell, hire, licence, sublicense or otherwise provide your Account, Service or Material to any other person;
  2. republish, retransmit, redistribute, communicate, display, perform or make the Material available in whole or in part in any website, application, newsletter, course, database, service, social media post, public presentation or other media;
  3. record, copy or download any video or streamed Material except through an express Website facility permitting that action;
  4. adapt, translate, modify, reverse engineer or create derivative works from the Website, Service or Material;
  5. use any robot, spider, scraper, crawler, automated process or software to access, index, monitor, copy or extract the Website, Service or Material;
  6. use the Website, Service or Material to train, test, prompt, fine-tune, ground or supply data to any artificial intelligence, machine learning, automated decision system or similar technology;
  7. circumvent any technological protection, access control, digital rights management, usage limit or security measure; or
  8. use the Website, Service or Material for a competing information service or commercial exploitation.

4.5 We reserve the right, at our discretion and with or without cause, to prohibit any person from using the Website, Service or Material and to suspend or terminate a Subscription in accordance with this Agreement.

 Part 5  Notice Advice

5.1 Nothing in any Material from our Service or on our Website constitutes advice of any kind and it must not be relied upon as such.

5.2 Without limitation, nothing contained in the Website, Service or Material constitutes occupational therapy advice, medical advice, healthcare advice, allied health advice, rehabilitation advice, diagnostic advice, therapeutic advice, treatment advice, clinical advice, product prescription or professional advice of any kind.

5.3 Your Subscription, use of the Service or Material, participation in any video, webinar, course or presentation, or communication with the Website Owner does not create an occupational therapist-client, practitioner-patient, healthcare provider-patient, professional-client, fiduciary or advisory relationship.

5.4 The Material is general educational and informational material only. It is not prepared for your individual circumstances and is not a substitute for assessment, diagnosis, prescription, treatment, training or advice by an appropriately qualified professional who is informed of all relevant circumstances.

5.5 Assistive technology and other products may not be suitable or safe for every person, condition, environment or use. Product selection, setup, fitting, installation, adjustment, maintenance, supervision and use may require an individual assessment and instructions from an occupational therapist, medical practitioner, allied health practitioner, supplier, manufacturer or other appropriately qualified person.

5.6 Before acting or relying upon any Material or acquiring, recommending, installing or using any product referred to in the Material, you must use your own proper skill and judgment and obtain appropriate independent professional advice. You must follow all manufacturer and supplier instructions, warnings, contraindications and safety requirements.

PROPER, SPECIFIC OCCUPATIONAL THERAPY, MEDICAL, HEALTHCARE AND OTHER PROFESSIONAL ADVICE IS ALWAYS STRONGLY RECOMMENDED

Part 6  Copyright, Trade Marks, Database and Other Intellectual Property Rights

6.1 The entire contents of the Website, the Service and the Material, including our domain names, icons, graphics, logos, layout, videos and multimedia information and any variations, adaptations, translations or derivatives, are the intellectual property of the Website Owner or the Provider identified in or in connection with the relevant Material.

6.2 The Website Owner and each Provider reserve all copyright, trade mark, database and other intellectual property rights in the Content and Material throughout the world.

6.3 Our or a Provider's copyright and proprietary information must remain on all reproductions expressly permitted under this Agreement. You must not remove, obscure or alter it.

6.4 Trade marks and trade names denoted as owned by the Website Owner or a Provider may only be used with our prior written consent and in the manner authorised. You must not use them as part of your own or another party's trade mark, business name or domain name or in a manner which is misleading, deceptive or disparaging.

6.5 Nothing in this Agreement grants by implication, estoppel or otherwise any right or licence other than the limited licence expressly stated in clause 4.

Part 7  Service Prices, Payment and Access

7.1 You may offer to subscribe to any Service listed on the Website for the price specified only if you are at least 18 years of age and have legal capacity to enter into this Agreement.

7.2 Unless the Website states otherwise, prices are in Australian dollars and include GST where applicable. You are responsible for any other tax, duty, fee, currency conversion or bank charge applicable to you or your payment.

7.3 Your subscription application must be made through the Website subscription page and contain the contact, billing, payment and other information required by the form. Payment may be processed by a secure third party payment processor and is subject to that Provider's terms and systems.

7.4 We may accept or reject a subscription application at our discretion. If we reject an application after receiving cleared funds, we will arrange repayment of the subscription fee through the original payment method, subject to any rights or obligations imposed by law or the payment Provider.

7.5 Access will ordinarily be activated after payment has been successfully processed, subject to payment processing, technical, transmission or Provider issues. If access has not been activated within a reasonable period, you should notify us using the contact details on the Website.

7.6 Except as required by the Australian Consumer Law or another applicable law, subscription fees are not refundable merely because you change your mind, fail to use the Service, cease to require it or do not renew it.

7.7  If a payment is dishonoured, reversed, charged back or reasonably suspected to be unauthorised or fraudulent, we may suspend access while payment and entitlement are investigated and may recover reasonable costs properly incurred, subject to applicable law.

7.8 You are responsible at your sole cost for having a suitable computer or mobile device, together with sufficient internet access, network coverage and data allowance, to access and use the Service. We are not responsible for any inability to access the Service arising from your device, internet connection, network coverage or data allowance. 

Part 8  Third Party Providers, Material, Links and Advertisements

8.1 The Website Owner may engage Providers in connection with the design, operation, hosting, storage, delivery, payment processing, email, analytics, security, support and administration of the Website, Service and Material.

8.2 The Service may depend upon Provider services which are not owned or controlled by the Website Owner. Those services may be changed, suspended, interrupted, withdrawn, compromised or discontinued by the Provider and may be subject to separate terms, privacy policies, system limits and availability.

8.3 Except to the extent prohibited by law, the Website Owner does not warrant or guarantee the availability, continuity, performance, compatibility, security, accuracy or fitness for purpose of any Provider or Provider service and is not responsible for any act, omission, failure, delay, outage, error, security incident, data loss, data corruption or unauthorised access attributable to a Provider or Provider service.

8.4 Where we link to another website or refer to a third party, product, seller, manufacturer, supplier, service, opinion, publication or resource, this is for information or convenience only and does not of itself constitute a recommendation, sponsorship, representation or endorsement.

8.5 You must make your own enquiries and assessments concerning third party material, products and services and their suitability, quality, safety, regulatory status, availability, price, instructions, warranties, privacy and security practices.

8.6 Any transaction or relationship between you and a third party is solely between you and that third party. In no circumstances will the Website Owner be responsible for the acts, omissions, products, services, websites, systems, representations or privacy practices of that third party except to the extent the law does not permit responsibility to be excluded.

8.7 A Provider may also collect, hold or process personal information as described in Schedule 1. The Website Owner does not adopt the Provider's privacy policy as its own and the Provider remains responsible for its own obligations.

Part 9  Your Postings, Feedback and Other Participatory Material

9.1 Where the Website permits you to post, upload, submit or contribute questions, feedback, comments, reviews, files or other material ("User Material"), you acknowledge that User Material is not confidential unless the Website expressly states otherwise and it is not endorsed by us.

9.2 You warrant that you own or have all necessary rights and consents in User Material and that it does not:

  1. contain personal or health information about another person without lawful authority and all necessary consents;

  2. be untrue, unlawful, misleading, deceptive, defamatory, threatening, offensive, abusive, obscene, discriminatory or otherwise objectionable;

  3. infringe copyright, trade mark, confidentiality, privacy or any other right;

  4. contain advertising, solicitation, spam or promotional material not authorised by us; or

  5. contain any virus, malware, spyware, malicious code or other harmful component.

9.3 You grant the Website Owner a worldwide, non-exclusive, royalty-free licence to host, reproduce, communicate and use User Material to operate, administer, improve and promote the Service, subject to applicable privacy law and any express arrangement made with you.

9.4 If we discover or are notified of User Material which may contravene this Agreement or the law, we may remove or disable access to it without prior notice, preserve evidence, suspend access and report or disclose information to an appropriate authority where permitted or required by law.

Part 10  Acceptable Use Policy

10.1 Your use of the Website, Service and Material is also subject to the Acceptable Use Policy in Schedule 2, which forms part of this Agreement.

10.2 A breach of Schedule 2 is a breach of this Agreement and may result in immediate suspension or termination in accordance with clause 15.

Part 11  Warranty Disclaimer

THIS WEBSITE, THE SERVICE AND THE MATERIAL AVAILABLE THROUGH IT ARE PROVIDED BY THE WEBSITE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, NEITHER THE WEBSITE OWNER NOR ANY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OWNER AND PROVIDERS DISCLAIM ALL REPRESENTATIONS, GUARANTEES, CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, GUARANTEE, CONDITION OR WARRANTY THAT:

      1. THE OPERATION OF THE WEBSITE, ITS SERVERS, THE SERVICE, EMAILS, VIDEOS, MATERIAL, DOWNLOADS OR ANY LINKED WEBSITE WILL BE SECURE, PRIVATE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH YOUR SYSTEM OR CONTINUOUSLY AVAILABLE;

      2. ANY INFORMATION, CONTENT, SERVICE, MATERIAL, PRODUCT REFERENCE OR RESOURCE WILL BE CURRENT, COMPLETE, ACCURATE, APPROPRIATE, RELIABLE, SUITABLE OR RELEVANT TO YOUR USE OR PURPOSE;

      3. ANY ASSISTIVE TECHNOLOGY OR OTHER PRODUCT REFERRED TO IN THE MATERIAL WILL BE AVAILABLE, COMPLIANT, SAFE, SUITABLE OR EFFECTIVE FOR ANY PARTICULAR PERSON, CONDITION, ENVIRONMENT OR PURPOSE;

      4. ANY HEALTH, THERAPY, REHABILITATION, FUNCTIONAL, SAFETY OR OTHER OUTCOME WILL BE ACHIEVED; 

      5. ANY PROVIDER OR PROVIDER SERVICE, INCLUDING A WEBSITE PLATFORM, PAYMENT PROCESSOR, CLOUD OR VIDEO HOSTING PROVIDER, EMAIL SERVICE, ANALYTICS SERVICE OR TELECOMMUNICATIONS PROVIDER, WILL REMAIN AVAILABLE, SECURE, ERROR-FREE, UNINTERRUPTED OR COMPATIBLE WITH THE WEBSITE OR SERVICE; OR

      6. ANY ERROR OR DEFECT WILL BE CORRECTED OR THAT STORED INFORMATION WILL NOT BE LOST, ALTERED, CORRUPTED OR ACCESSED WITHOUT AUTHORITY. 

 YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICE AND MATERIAL IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK AND THAT YOU WILL USE YOUR OWN SKILL AND JUDGMENT, AND OBTAIN APPROPRIATE PROFESSIONAL ADVICE, IN DETERMINING THE PROPER USE, APPLICATION AND SUITABILITY OF THE SERVICE, MATERIAL AND ANY PRODUCT REFERRED TO IN IT.

Part 12  Disclaimer and Limitation of Liability

12.1 Exclusion of damages. To the maximum extent permitted by applicable law, the Website Owner and Providers exclude all liability to you, any person deriving rights through you and any other person for loss, damage, cost, expense, claim or liability of any kind arising out of or relating to:

  1. this Agreement or your access to, inability to access or use of the Website, Service or Material;

  2. reliance upon, implementation of or failure to act upon any Material;

  3. selection, recommendation, acquisition, installation, fitting, adjustment, maintenance,
    supervision, use or misuse of any assistive technology or other product;

  4. personal injury, illness, deterioration, treatment, diagnosis, rehabilitation, therapy or health-related matters;

  5. any third party or Provider, including an act, omission, outage, interruption, security incident, data loss, data corruption, payment failure or service failure;

  6. Loss or interruption of Subscription access, business or communications; or

  7.  a cyber security event, malicious code, unauthorised access or loss of confidentiality.

12.2 Without limiting clause 12.1, and to the maximum extent permitted by law, the Website Owner and Providers will not be liable for loss of profit, revenue, savings, opportunity, goodwill, reputation, anticipated benefit, business, contract or data, or any indirect, incidental, special, exemplary, punitive or consequential loss or damage, even if advised of the possibility of it.

12.3 Absolute cap on liability. Where liability may not be excluded but may be limited, the maximum aggregate liability of the Website Owner and Providers arising out of or relating to this Agreement, the Website, Service or Material is limited to the amount of the subscription fee actually paid by you for the Subscription Period in which the event giving rise to liability occurred.

12.4 Basis of bargain. You acknowledge that the Website Owner has set the subscription price and entered into this Agreement in reliance upon the warranty disclaimer and limitation of liability in this Agreement and that those provisions form an essential basis of the bargain between the parties. They survive termination and apply even if a limited remedy is found to have failed of its essential purpose.

12.5 Nothing in this Agreement excludes or limits liability to the extent it cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation and any liability which the Australian Consumer Law or another applicable law prohibits from being excluded or limited.

Part 13  Australian Consumer Law

13.1 Nothing in this Agreement is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by the Australian Consumer Law or another law which cannot lawfully be excluded, restricted or modified.

13.2 Where the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and it is fair and reasonable to do so, our liability for failure to comply with a guarantee under the Australian Consumer Law is limited, at our option, to supplying the Service again or paying the cost of having the Service supplied again.

13.3 The exclusions and limitations in this Agreement apply only to the maximum extent permitted by law and must be read subject to this clause 13.

14  Indemnity

14.1 To the extent permitted by law, you indemnify and keep indemnified the Website Owner, Providers and their respective officers, employees, contractors, agents, successors and assigns against liability, loss, damage, claim, cost and expense, including reasonable legal costs, arising directly from:

  1. your material breach of this Agreement;

  2. unauthorised, unlawful, negligent or fraudulent use of your Account, the Website, Service or Material by you or a person to whom you disclosed or made available your login details;

  3. User Material supplied by you or an allegation that it infringes another person's rights;

  4. your unauthorised copying, disclosure, distribution, commercialisation or use of the Material; or
  5. your breach of applicable law.

14.2 The indemnity in clause 14.1 is reduced to the extent that loss was caused or contributed to by the negligent or wrongful act or omission of the indemnified person, and does not require you to indemnify a person for liability which cannot lawfully be indemnified.

14.3 We must take reasonable steps to mitigate any loss claimed under this clause and, where reasonably practicable, give you notice of a third party claim and a reasonable opportunity to participate in its defence, provided that you must not settle a claim affecting us without our prior written consent, not to be unreasonably withheld.

Part 15  Suspension and Termination

15.1 We may suspend or restrict access immediately if we reasonably consider that:

  1. you have breached this Agreement or use the Service unlawfully;
  2. your Account or payment is unauthorised, fraudulent, compromised, dishonoured or charged back;
  3. your use threatens the security, integrity, availability or operation of the Website, Service or another person;
  4. suspension is reasonably necessary for maintenance, investigation, legal compliance or protection of the Website Owner, a Provider or another person; or
  5. your Subscription has expired.

15.2 We may terminate this Agreement by notice if you fail to remedy a remediable material breach within 14 days after notice, or immediately if the breach is incapable of remedy, involves fraud, serious misuse, infringement, unlawful conduct or a material security threat.

15.3 You may cease using the Service at any time, but this does not entitle you to a refund except where required by law.

15.4 On expiry or termination, your licence ends and you must cease accessing and using the Service and Material and delete any copies not permitted to be retained by law. Clauses concerning intellectual property, disclaimers, liability, indemnities, privacy, governing law and accrued rights survive.

15.5 Termination does not affect any accrued right, remedy, obligation or liability existing at the date of termination.

Part 16  Force Majeure

16.1 Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay money already due, to the extent caused by circumstances beyond that party's reasonable control, including act of God, fire, flood, storm, natural disaster, epidemic, pandemic, war, terrorism, civil commotion, government action, labour dispute, shortage, power failure, telecommunications or internet failure, cyber security attack, failure of equipment, software or a Provider service, or interruption to hosting, cloud, payment or video services.

16.2 A party relying on this clause must use reasonable endeavours to minimise the effect of the event and resume performance when reasonably practicable.

16.3 If a force majeure event substantially prevents provision of the Service for more than 30 consecutive days, either party may terminate the affected Subscription by written notice. Any refund required by law will be provided; otherwise, the parties' rights are governed by the remainder of this Agreement.

Part 17  Privacy

17.1 Our Privacy Policy appears in Schedule 1 and forms part of this Agreement. We undertake to handle personal information in accordance with that policy and applicable privacy law.

17.2 Providers may have their own privacy policies and remain responsible for compliance with their obligations. You should review relevant Provider policies where they are made available.

17.3 You must not submit personal information or health information about another person through the Website unless you have lawful authority and all necessary consents to do so. 

Part 18  Electronic Communications and Notices

18.1 You consent to receive notices and transactional communications electronically at the email address associated with your Account or through the Website. Transactional communications may include subscription, account, payment, access, security, support and expiry notices.

18.2 Marketing communications will be sent only in accordance with applicable law and Schedule 1. You may withdraw marketing consent using an unsubscribe facility, but this will not prevent necessary transactional communications.

18.3 A notice is taken to be received when it becomes capable of being retrieved at the nominated email address, unless the sender receives an automated notice of non-delivery. You are responsible for maintaining a current email address and checking spam or junk folders.

18.4 Formal notices to the Website Owner must be sent to the contact email or address published on the Website, marked for the attention of the relevant contact.

Part 19  Headings, Severability, Waiver and Amendments

19.1 Headings are inserted for convenience only and do not affect interpretation.

19.2 If a term is invalid, unlawful or unenforceable to any extent, it is to be read down to the minimum extent necessary or, if that is not possible, severed. The remaining terms continue in force.

19.3 A failure or delay to exercise a right is not a waiver. A waiver must be in writing and applies only to the specific instance for which it is given.

19.4 We may amend this Agreement from time to time by publishing an updated version on the Website. An amendment does not retrospectively alter accrued rights or impose a new charge for the current Subscription Period without your agreement, except where required by law or reasonably necessary to address security, legal or operational matters.

19.5 The version accepted at the commencement or renewal of your Subscription applies during that Subscription Period, subject to clause 19.4. If a material amendment adversely affects your existing Subscription and is not required by law or security, we will give reasonable notice and any rights required by law.

Part 20  Assignment and Entire Agreement

20.1 You may not assign, novate, transfer or sublicense this Agreement, your Subscription or Account without our prior written consent.

20.2 We may assign or novate this Agreement as part of a genuine sale, transfer or restructure of all or a substantial part of the business or Service, provided that this does not reduce non-excludable rights.

20.3 This Agreement constitutes the entire agreement between the parties concerning the Subscription and supersedes prior discussions, proposals and representations concerning its subject matter, except for fraudulent representations and terms which cannot lawfully be excluded.

20.4 Nothing in this Agreement creates a partnership, joint venture, agency, employment or fiduciary relationship between the parties.

Part 21  Applicable Law and Jurisdiction

21.1 This Agreement is governed by the law in force in Queensland, Australia.

21.2 The parties submit to the exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts, subject to any non-excludable right of a consumer to commence proceedings in another jurisdiction.

Schedule 1 - Privacy Policy 

1.    About this Privacy Policy

1.1 ASSISTIVE TECHNOLOGY 4 U PTY LTD ACN 687 212 728 ("AT4U", "we", "our" or "us") respects your privacy and is committed to handling personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, to the extent they apply to us.

1.2  This Privacy Policy explains the kinds of personal information we collect and hold, how we collect, hold, use and disclose that information, how you may access or correct it and how you may make a privacy complaint.

1.3  By using the Website, applying for or holding a Subscription or otherwise providing personal information to us, you acknowledge the handling practices described in this Privacy Policy. Where consent is required by law, we will seek it separately or through an appropriate notice or choice.

2.  Meaning of personal information

2.1  Personal information has the meaning given by the Privacy Act 1988 (Cth) and generally means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true or recorded in material form.

2.2  We do not intend to collect health information through ordinary subscription and account processes. You should not submit health information about yourself or another person unless it is reasonably necessary for an express function we offer and we have provided an appropriate collection notice or obtained any consent required by law.

3.  Kinds of information we collect and hold

3.1  Depending upon how you deal with us and the fields presented through the Website, we may collect and hold your name, email address, telephone number, postal or billing address, business or practice details, Account details, username, encrypted or system-managed authentication information, Subscription status and history, transaction and payment status, support communications, enquiries, feedback, marketing preferences and information you voluntarily provide.

3.2  We may also collect technical and usage information such as internet protocol address, browser and device information, login events, pages accessed, referral source, cookies, analytics identifiers and information concerning interaction with emails and Website functions.

3.3  Payment card details are generally collected and processed directly by an authorised third party payment processor rather than manually collected or stored by us. We may receive transaction identifiers, payment status, limited card descriptors and billing information required to administer a payment, refund, dispute or chargeback.

4.  How we collect personal information

4.1  We usually collect personal information directly from you when you subscribe, create or update an Account, make a payment, contact us, submit a form, request support, participate in a survey, provide feedback, opt in to marketing or otherwise use the Website or Service.

4.2  We may also receive personal information from a Provider, including the Website platform, payment processor, email service, analytics service, customer management system, hosting provider or another person authorised by you, where this is lawful and reasonably necessary for our functions.

4.3  If you provide personal information about another person, you warrant that you are authorised to do so and have given that person any notice and obtained any consent required by law.

5. Purposes for which information is collected, held, used and disclosed

5.1  We may collect, hold, use and disclose personal information to assess and process subscription applications; create, authenticate and administer Accounts; process payments and refunds; provide access to the Service and Material; send receipts and transactional communications; provide customer administration and support; manage security and prevent fraud; maintain, analyse and improve the Website and Service; respond to enquiries and complaints; keep business and legal records; comply with law; establish, exercise or defend legal claims; and conduct marketing where permitted by law.

5.2  Where you elect to receive marketing communications, we may use your contact details and preferences to send news, information, offers, renewal invitations and updates about AT4U. Marketing consent is separate from the transactional communications reasonably necessary to administer your Subscription and Account.

5.3  We may use information in an aggregated or de-identified form for service analysis, planning and improvement where the information is no longer personal information.

6. Providers and other disclosures

6.1  We may disclose personal information to Providers where reasonably necessary for the purposes described in this Privacy Policy. Providers may include website and subscription platform providers, cloud and data hosting services, payment processors, email and communications providers, customer management software, analytics and security providers, IT consultants, contractors, professional advisers, insurers and debt recovery services.

6.2  We may also disclose information to regulators, law enforcement bodies, courts, tribunals and government authorities where required or authorised by law, and to a purchaser or successor in connection with a genuine proposed or completed sale, transfer or restructure of our business, subject to appropriate confidentiality and legal requirements.

6.3  Providers may collect personal information directly through their integrated services and may handle it under their own terms and privacy policies. Although we take reasonable steps when selecting and dealing with Providers, we do not control every aspect of their systems or independent handling activities.

7.  Overseas disclosure and storage 

7.1  We currently use Amazon Web Services as a Provider of cloud hosting and data storage services. Personal information hosted through that service may be stored, processed or accessed in the United States of America.

7.2  We may change our cloud hosting, data storage or other Providers from time to time. Our Provider, or replacement or additional Provider, may store, process or access personal information in countries outside Australia, and the relevant overseas locations may therefore change from time to time.

7.3  Before disclosing personal information overseas, we will take such steps as are required of us by applicable Australian privacy law. Where practicable, information about likely overseas locations will be made available through this Privacy Policy, an updated version of it, a collection notice or information supplied by the relevant Provider.

7.4   Providers may use overseas personnel, related entities, contractors or sub-processors in connection with hosting, support, maintenance, security and related services. The location from which personal information may be accessed may depend upon the Provider, its sub-processors, the applicable system configuration and the location from which support is provided.

8.  Direct marketing

8.1  We will send marketing communications where you have consented or where otherwise permitted by law. A marketing opt-in should be presented separately and not pre-selected where active consent is required.

8.2  You may opt out at any time by using the unsubscribe facility in the communication or contacting us. We will action an opt-out within the period required by law. Opting out of marketing does not prevent subscription, payment, security, support, renewal administration or other transactional communications.

9.  Cookies, analytics and similar technologies

9.1  The Website may use cookies, pixels, local storage, analytics tools and similar technologies to operate login and subscription functions, remember preferences, maintain security, understand Website use, improve performance and measure communications.

9.2  You may be able to control cookies through browser settings. Blocking necessary cookies may prevent login, payment or other Website functions from operating correctly. Where consent is required for a particular technology, an appropriate consent mechanism should be used.

10.  Security and retention

10.1  We take reasonable steps in the circumstances to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Those steps may include access controls, authentication measures, contractual arrangements with Providers, secure payment processing, monitoring, updates, backup and staff or contractor controls as appropriate to our operations.

10.2  No internet transmission, cloud platform, email system or electronic storage system can be guaranteed to be completely secure. To the extent permitted by law, we do not warrant the security of a Provider or that unauthorised access, cyber attack, error, loss or interruption will never occur.

10.3  We retain personal information for as long as reasonably necessary for the purpose for which it was collected, to administer the Subscription and Account, and to meet legal, accounting, dispute and recordkeeping requirements. When information is no longer required, we take reasonable steps to destroy it or ensure it is de-identified, subject to lawful backup and archival cycles.

11.  Access and correction

11.1  You may request access to personal information we hold about you and request correction if you believe it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We may need to verify your identity before acting on a request.

11.2  We will respond within a reasonable period and may refuse access or correction only on a ground permitted by law. If we refuse, we will ordinarily give written reasons and information about available complaint mechanisms, except where the law permits otherwise.

11.3  No fee will be charged for making a request. We may charge a reasonable cost for providing access where permitted by law and notified in advance.

12.  Data breaches

12.1  If we become aware of unauthorised access to, disclosure of or loss of personal information, we will assess the incident and take steps required by applicable law. Where an eligible data breach occurs, we will notify affected individuals and the Office of the Australian Information Commissioner as required by the Privacy Act 1988 (Cth).

13.  Privacy enquiries and complaints

13.1  If you have a privacy enquiry or complaint, please contact the Privacy Officer using the details in clause 15. Please provide sufficient information to identify the issue and the outcome sought.

13.2  We will acknowledge and investigate a complaint and respond within a reasonable period. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner using the contact details published by that office.

14.  Changes to this Privacy Policy

14.1  We may amend this Privacy Policy from time to time by publishing the updated version on the Website. The updated policy applies from the date stated in it, subject to applicable law. We will take additional steps where required if a change materially alters a consent previously given.

 15.  Contact details

 15.1  Privacy Officer
           ASSISTIVE TECHNOLOGY 4 U PTY LTD ACN 687 212 728
           Email: hello@at4u.com.au
           Website: www.at4u.com.au
           Postal address: PO Box 623, Townsville QLD 4810

 15.2  Last updated: October 2026

Schedule 2 - Acceptable Use Policy

This Acceptable Use Policy forms part of the Website Terms and Conditions and applies to every use of the Website, Service, Account and Material.

 1. Application and general obligation

 1.1  You must use the Website, Service, Account and Material lawfully, responsibly and only for the purposes and within the licence permitted by the Agreement.

 1.2  You are responsible for conduct occurring through your Account and for taking reasonable steps to prevent unauthorised use. You must cooperate with reasonable security, verification and investigation requests made by the Website Owner.

2.  Account and access restrictions

2.1  You must not share, sell, transfer, lend, sublicense or disclose your Account or login details; permit simultaneous or repeated access by unauthorised persons; impersonate another person; create an Account using false or misleading information; obtain access by fraud, misrepresentation or misuse; or access an Account which you are not authorised to use.

2.2  You must not test, probe, scan or circumvent authentication, access controls, usage limits, digital rights management, security controls or vulnerabilities without our prior written authority.

3.  Content and intellectual property restrictions

3.1  You must not copy, record, reproduce, download, photograph, capture, republish, communicate, distribute, sell, hire, sublicense, translate, adapt, modify or create derivative material from the Website, Service or Material except as expressly permitted by the Agreement or law.

3.2  You must not remove, obscure or alter a copyright notice, trade mark, attribution, watermark, rights management information or other proprietary notice.

3.3  You must not use the Website, Service or Material to provide a competing service; compile or enrich a database; prepare commercial training or advice; generate substituted content; or commercially exploit the knowledge or expression embodied in the Material beyond ordinary application of general information obtained through lawful viewing.

4.  Automated extraction and artificial intelligence

4.1  You must not use a robot, crawler, spider, scraper, browser automation, bulk downloader, indexing tool, data mining process or other automated means to access, copy, monitor, extract or harvest any part of the Website, Service or Material.

4.2  You must not upload, disclose or supply the Material, or any substantial part of it, to an artificial intelligence, machine learning, large language model, automated decision, content generation or similar system for training, fine-tuning, grounding, retrieval, embedding, benchmarking, prompt construction, analysis, reproduction or generation of substitute material.

4.3  This clause does not prevent use of accessibility technology solely to facilitate lawful personal access by the Subscriber, provided it does not retain, redistribute or train upon the Material.

5. Prohibited technical conduct

5.1  You must not introduce or transmit a virus, worm, Trojan horse, ransomware, spyware, malware, malicious code or harmful component; interfere with or disrupt the Website, Service, servers, networks or Providers; overload or impose an unreasonable burden on infrastructure; intercept or attempt to intercept data; reverse engineer or attempt to derive source code; or conceal the origin of communications or activity.

5.2  You must not use the Service to conduct phishing, credential harvesting, fraud, security testing, surveillance or any activity which compromises or attempts to compromise another person, system or data.

6.  User Material and communications

6.1  You must not post, upload, transmit or communicate material which is unlawful, misleading, deceptive, defamatory, threatening, abusive, obscene, discriminatory, harassing, invasive of privacy, infringing, malicious or otherwise objectionable, or which promotes unlawful activity.

6.2  You must not disclose personal information, health information, confidential information or images of another person without lawful authority and all necessary consents.

6.3  You must not send spam, unsolicited advertising, chain communications, bulk messages, unauthorised promotions or requests for payment through a feature of the Service.

7.  Product and professional use

7.1  You must not represent that the Website Owner has assessed, prescribed, endorsed, approved or guaranteed a product, outcome, course of treatment or professional decision unless we have expressly stated that in writing.

7.2  You must not use the Material as a substitute for an individual assessment or represent it to another person as medical, occupational therapy, healthcare or other professional advice.

7.3  If you are a professional, carer, supplier, educator or organisation, you remain responsible for compliance with your own legal, ethical, professional, funding, workplace and client obligations.

8.  Monitoring, enforcement and reporting

8.1  We may monitor system and Account activity to the extent reasonably necessary for security, administration, legal compliance and enforcement of the Agreement, subject to Schedule 1 and applicable law.

8.2  We may remove User Material, limit functions, require a password reset, suspend or terminate access, preserve evidence and report conduct to a Provider, regulator or law enforcement authority where we reasonably consider it necessary or where required by law.

8.3  You may report suspected misuse or security issues using the contact details published on the Website. You must not publicly disclose a suspected vulnerability in a manner which increases risk before giving us a reasonable opportunity to assess it.

9.  Consequences of breach

9.1  A breach of this Acceptable Use Policy is a breach of the Agreement. We may take proportionate action, including warning, content removal, access restriction, suspension or termination, and may seek injunctive or other relief where appropriate.

9.2  Except where required by law, suspension or termination arising from your material breach does not entitle you to a refund.

10.  Changes and contact

10.1  We may update this Acceptable Use Policy in accordance with the amendment provisions of the Agreement. The version forming part of the Agreement accepted for the Subscription Period applies subject to those provisions.

10.2  Questions about this Acceptable Use Policy may be sent to hello@at4u.com.au or another contact address published on the Website.