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Terms of Use – UpSkill Provider Directory Agreement

The Summer Foundation Ltd (ABN 90 117 719 516) (Summer Foundation, we or us) operates an online service allowing disability service providers who have completed our training (Provider, you, your) to advertise services to those seeking such services (User) via our platform, the UpSkill Provider Directory, or any other platform we may introduce in the future (Platform).

Please read these terms and all of our policies including the Privacy Policy (collectively the Agreement) carefully before registering to become a Provider.

An application by you to become a Provider confirms that you agree to be bound by this Agreement, though we are in no way bound to accept your application.

SCOPE OF UPSKILL PROVIDER DIRECTORY SERVICE

  1. The Summer Foundation provides the Platform only. Apart from enabling a User to identify potentially suitable Providers, we accept no liability for any aspect of the User and Provider interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of services.

ELIGIBILITY TO REGISTER

  1. To create an account and use the Platform you must be one of these Service Providers (see roles here), abide by the NDIS Commission Code of Conduct, be at least 18 years of age and you must have completed at least one of these Summer Foundation UpSkill training workshops.
  2. While you are registered with the Platform you must maintain control of your Platform account. You may not deal with your account (including any feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
  3. At its absolute reasonable discretion, the Summer Foundation may refuse to allow any person to register or create an account with the Platform or cancel or suspend any existing account. 

SERVICE DESCRIPTION

  1. The UpSkill Provider Directory service, including the Platform (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.
  2. An eligible Provider creates an account on the Platform, posts an accurate and complete description of their services and other relevant information (Listing).
  3. The Provider and User may communicate privately regarding additional details of the Listing using the contact details provided by each party, where the Platform’s capability allows.
  4. The Provider and the User may then enter into a separate contract under which the User agrees to engage, and the Provider agrees to provide services to the User, including those described in the Listing (Services Agreement).
  5. The Provider must provide the services to the User in accordance with the relevant laws and as described or depicted in the Listing.
  6. The Platform may from time to time include location / map-based functionality. The Platform may display the location of Providers to persons browsing the Platform. We ask that you do not list the actual address anywhere on your Listing if you are not comfortable with this being publicly available.

PROVIDER OBLIGATIONS

  1. You agree that at all times:
  1. you will comply with this Agreement (including all Summer Foundation Policies) and all applicable laws and regulations;
  2. you will post only accurate information on the Platform and any information posted on  Platform must not, in any way whatsoever, be potentially or actually harmful to the Summer Foundation or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by the Summer Foundation. Without limiting any provision of this Agreement, any information you supply to us must be up to date and kept up to date and must not:
    1. be false, inaccurate or misleading or deceptive;
    2. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    3. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination, tenancy or trade practices/fair trading laws); or
    4. be defamatory, threatening or harassing;
  3. you will promptly and efficiently perform all your obligations to other users under a Service Agreement and to the Summer Foundation  under this Agreement; and
  4. you must have the right to provide goods and services under a Service Agreement in the relevant location.

INTELLECTUAL PROPERTY

  1. You grant to the Summer Foundation an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the Service, for the general promotion of the Service and as permitted by this Agreement.

FEES

  1. Registering and creating an account on the Platform is free.
  2. The Summer Foundation may with reasonable notice charge a service fee and change the terms applying to payment. The Summer Foundation will send notification of such modifications to your UpSkill Provider Directory account, or email, where the Platform’s capability allows.
  3. Where a Provider is supplying goods or services to a User, the Provider must not charge a User additional fees on top of the agreed price for the goods or Services under the Service Agreement or as indicated in the Listing.

FEEDBACK

  1. The Summer Foundation is entitled to suspend or terminate your account or remove any of your account at any time if the Summer Foundation has reason for concern regarding any feedback about you.

LIMITATION OF LIABILITY

  1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, the Summer Foundation specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between a User and Service Provider.
  2. Except for liability in relation to a breach of any Non-excludable Condition, the Summer Foundation’s liability to any user of this service is limited to the total amount of fees paid by the Provider to the Summer Foundation during the twelve month period prior to any incident causing liability of Summer Foundation.
  3. Summer Foundation’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

PRIVACY

  1. The Summer Foundation’s 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.
  2. Provider must comply with the Summer Foundation Privacy Policy, in respect of the User’s personal information as if they were bound by it.

NO WARRANTY

  1. Except for liability in relation to any Non-excludable Condition, the Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. The Summer Foundation makes no representation as to profit or proceeds that can be made using the Platform.

MODIFICATIONS TO THE AGREEMENT

  1. The Summer Foundation may modify this Agreement and / or the Policies (and update the Summer Foundation and UpSkill Provider Directory pages on which they are displayed) from time to time. The Summer Foundation will send notification of such modifications to your UpSkill Provider Directory account, or email, where the Platform’s capability allows. You should check your account regularly.
  2. If you do not agree with any changes to this Agreement (or any of our Policies), you may terminate your Platform account and stop using the Services. 

NO AGENCY

  1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind the Summer Foundation, its related entities or affiliates in any way whatsoever.

COMPLAINTS

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

TERMINATION

  1. Either party may terminate an account and this Agreement at any time for any reason.
  2. Termination of this Agreement does not affect any Service Agreement that has been formed between a Provider and User.
  3. On termination of this Agreement, the Summer Foundation may immediately remove the Provider’s Listings and information from the Platform.
  4. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
  5. The Summer Foundation may edit or remove any of your Listings at any time if the Summer Foundation considers any of your Listings are in breach of this Agreement, including not being kept up to date or being in any way inaccurate or misleading.

GENERAL

  1. This Agreement is governed by the laws of Victoria, Australia. You and the Summer Foundation submit to the exclusive jurisdiction of the courts 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 with respect to its subject matter.
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