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Terms of Use – UpSkill Provider Directory User Agreement

The Summer Foundation (ABN 90 117 719 516) (Summer Foundation, we or us) operates an online service allowing providers offering disability services (Providers) to advertise to person whose needs are suited to those services (you, your) via our platform, the UpSkill Provider Directory, or any other platform we may introduce in the future (Platform).

By using our service you agree that you are genuinely looking for a disability service provider. You agree not to use the Platform and other services provided by the Summer Foundation (the Service) for any other purpose.

Please read these terms and all of our policies including the Privacy Policy, (collectively the Agreement) carefully before using the Platform. Your use of the Platform confirms that you agree to be bound by this Agreement.

UPSKILL PROVIDER DIRECTORY SERVICE

  1. The Summer Foundation provides the Platform only. Apart from enabling you to search for a Provider, the Summer Foundation has no control over your interaction with the Provider, or the description of the services listed on the Platform by the Providers.
  2. The Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Service may be separately described on the Platform.
  3. A Provider offering disability services will create a profile on the Platform, posting a description of the services it provides and other relevant information (Listing).
  4. Where you are interested in engaging the Provider to provide you with services, and you and the Provider agree to go ahead with that engagement, you will need to enter into a separate contract with the Provider (Provider Agreement). You should consider the terms of any Provider Agreement carefully and ensure you understand your obligations. The Summer Foundation is not a party to any Provider Agreement and does not have any liability under such an agreement.

LIMITATION OF LIABILITY

  1. To the extent allowed by law, you agree that the Summer Foundation does not have any liability for any loss or damage connected with any Listing by a Provider, any interaction between you and the Provider or under a Provider Agreement.
  2. To the extent allowed by law, the Service and the Platform is provided on an “as is” basis.

PRIVACY

  1. The Summer Foundation Privacy Policy, applies to all users and forms part of this Agreement. Use of the Platform confirms that you consent to, and authorise the collection, use and disclosure of your personal information in accordance with the Summer Foundation’s Privacy Policy. Please be careful when sharing your personal information with any third party.

MODIFICATIONS TO THE AGREEMENT

  1. The Summer Foundation may modify this Agreement and/or any policies from time to time and will update these on the Platform.
  2. If you do not agree with any changes to this Agreement, you may cease using the Service.

COMPLAINTS

  1. If you have a complaint about the Platform please contact us by emailing upskill@summerfoundation.org.au 

TERMINATION

  1. You or we may terminate the Service at any time for any reason. 
  2. Termination of the Service does not affect any Provider Agreement that has been formed between you and the Provider. If you have entered into a Provider Agreement you must comply with the terms of that Provider Agreement.
  3. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

GENERAL

  1. This Agreement is governed by the laws of Victoria, Australia.
  2. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
  3. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
  4. This Agreement may be assigned or novated by the Summer Foundation provided there is no material detriment to you.
  5. This Agreement sets out the entire understanding and agreement between you and the Summer Foundation.
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