Terms & Conditions

TERMS AND CONDITIONS

Welcome to The A List! We are a business that provides a platform for young autistic people and people living with a disability and their families or carers to find Social Activities, Support Services and information.

These terms and conditions (Terms) are entered into between Access Care Australia trading as The A-List Hub ABN 78 609 836 679 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy posted on the Platform.

We provide a platform where autistic people and people living with a disability and their families or carers (Users) and service providers (Providers) can connect and/or transact (Platform) to obtain social activities (Social Activities) and or support services (Support Services). The Platform is available at www.alisthub.com.au and via other channels or addresses, including our application programme interfaces.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a User or Provider; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance
If you are a User, you accept these Terms by registering on the Platform or by using the Platform. If you are a Provider, you accept these Terms by signing and returning these Terms to us, by registering on the Platform or by using the Platform.

You must be 14 years and older to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

We may amend these Terms at any time. We agree to provide written notice to you for any material amendments to these Terms. By continuing to use the Platform after the notice of any material amendments to these Terms or 30 days after notification (whichever date is earlier), you agree to the material amendments to these Terms. If you do not agree to the material amendments to these Terms, you may terminate these Terms in accordance with the cancellation clause.

Platform summary
The Platform is a marketplace where Users and Providers can find each other, and offer or purchase Social Activities and Support Services. We provide the Platform (including hosting and maintaining the Platform), assist Users and Providers to form contracts for the supply of Social Activities and/or Support Services and may facilitate or process payments between Users and Providers (together, The A List Services). You understand and agree that we only make available The A List Services. We are not party to any agreement entered into between a User and a Provider and we have no control over the conduct of Users, Providers or any other party of the Platform.

Accounts
Providers must register on the Platform and create an account (Account) to access the Platform’s features.

You must provide basic information when registering for an Account including your contact name, email address and phone number. If you are a Provider, you agree to provide your business details, including your Australian Business Number. If you are a User, you agree to provide information requested by us regarding your health, as further set out in our privacy policy. You must choose a username and password.

Once you have registered an Account, your Account information will be used to create you’re A List Profile.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Provider, we will review your request for an Account before approving the request. We may request additional information, including your NDIS Provider Number, a state-based Working With Children Check clearance or a National Police Check, and we may request that you provide us with a copy of the state-based Working with Children Check clearance or a National Police check each year. If you do not provide us with the information we reasonably request, we may refuse to create an Account for you, or we may immediately cancel your Account. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

If you are a Provider, when you create an Account, you may also select a subscription (Subscription). You may choose between different types of Subscriptions, and these types are further described on our Platform.

Provider Listings and Support Services and Social Activities
Providers wanting to offer Social Activities and provide Support Services create an Account on the Platform and post an accurate and complete description of the Social Activities and or Support Services they can provide including (but not limited to) their experience, adjustments made for autistic people, the level of support provided, the cost, relevant age group and dates the Social Activities or Support Services are generally available (Provider Listing). A Provider may also set out additional terms and conditions in relation to the Support Services.

A User wanting to engage a Provider creates an Account on the Platform where they wish to book and pay for a Provider’s Social Activities or Support Services.

Where available, a User may book a Social Activity or access Support Services described in a Provider Listing by entering their details and making payment through the Platform (Booking).

By accepting a Booking, the Provider confirms that it is legally entitled to and capable of supplying the Social Activities and or Support Services described in the Booking Details.
Providers are responsible for ensuring that all additional terms and conditions relating to their Social Activities and or Support Services are provided to the User. By making a Booking, a User is accepting the additional terms and conditions of the relevant Provider. To the extent there is an inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

Communication and Non-Circumvention
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.

Users and Providers are free to communicate privately using our chat messaging service or offline using the listed contact details available on the Platform.

If you are a Provider that is offering their Social Activities and Supports for sale on the Platform, you agree to not directly or indirectly solicit, approach or engage with a User outside of the Platform in a way that the Activity Fees would not be paid through the Platform.

Payment
If you are a User, it is free to register an Account on the Platform, to review content on the Platform, including Provider Listings.

Service Fees
Payments for Social Activities via the Platform attract a transaction fee (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable.

Activity Fees
If you are a User, you agree to pay the relevant fees set out in the Provider Listing (Activity Fee) when a Booking is made with a Provider using the Platform. Upon receipt of the Activity Fees from the User, we may hold the Activity Fees on behalf of the Provider until such time as they are paid to the Provider, refunded to the User (if the User is entitled to a refund in accordance with this Terms) or paid to us as our Service Fee. In such a case, will pay the Activity Fees to the Provider within a reasonable time after the end of the month, minus our Service Fee, for all completed Bookings that have taken place that month.

If you are a Provider, you appoint us as your limited payment collection agent solely for the purpose of accepting the Activity Fees from the relevant User, and you authorise us to invoice the User the Activity Fee, on your behalf. You agree that we will not be required to pay you any amount until we have received the Activity Fees from the relevant User, that we will deduct our Service Fee from any Activity Fees we receive.

If you are a User, you acknowledge and agree that any invoice sent by us for the Activity Fee, is an invoice sent to you, on behalf of the Provider.

Subscriptions and Subscription Fee
If you are a Provider that has purchased a Subscription, once you have created an Account and chosen a Subscription type, you agree to pay the Subscription fee set out on the Platform (Subscription Fee) to access and use the Platform for the specified subscription period (Subscription Term).

To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.

The Subscription Fee will be charged upfront for the Subscription Term on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your subscription began on a day not contained in a given month.

If you do not cancel your Subscription in accordance with the cancellation clause below, it will be renewed for another Subscription Term at the end of your current Subscription Term.

Upgrading your Subscription
You may upgrade your Subscription to another at any time.

The upgrade to your Subscription will be effective immediately and you will be charged the pro-rata Subscription Fee for your new Subscription.

Cancelling Subscriptions
You may cancel your Subscription at any time.

The cancellation will apply to the next Subscription Term if you cancel your Subscription at least 5 business days before the next Payment Date.

If you cancel your Subscription less than 5 business days before the next Payment Date, you will be charged the Subscription Fee on the next Payment Date and the cancellation will become effective the next Subscription Term.

General
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method may be subject to additional terms and conditions imposed by Stripe. By making payment through a third party payment processor, including Stripe you accept the applicable terms and conditions.

All Providers must set up their own Stripe account and cover their costs in order to set their Stripe account up and maintain their Stripe account.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Refunds and Cancellation Policy
The cancellation, or refund of any Social Activities and or Support Services ordered on this Platform is strictly a matter between the relevant User and Provider. The terms and conditions agreed to between the User and the Provider must be communicated by the Provider to the User.

For disputes between Users and Providers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

Verification
If we choose to conduct identity verification or background checks on any Provider, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Provider or guarantee that a Provider will not engage in misconduct in the future. Any verification of Providers on the Platform is not an endorsement or recommendation that the Provider is trustworthy or suitable. You should do your own due diligence before accessing or using a Provider’s Social Activity or Support Services.

Reviews
Users may review their experience with the Provider on the Platform, including the Social Activities and or Support Services (Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review, however we may request a Provider’s confirmation prior to publishing a Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Provider if you have had an experience with that Provider, which means that (1) you have engaged the Provider; or (2) you can otherwise document your interaction with the Provider in relation to the Platform, including via correspondence (collectively referred to as a User Experience).
Your User Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own User Experience. You are not permitted to write a Review about somebody else’s experience.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform.
Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (The A List Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties
You represent, warrant and agree that:

  • you will not use our Platform, including the Content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  • to the extent applicable to you as a User or Participant, you comply with the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act);
  • where you are a User that wishes to use the National Disability Insurance Scheme (NDIS) to make payments of the Activity Fee through your NDIS funds or to direct an invoice to your NDIS plan manager, you have a valid and current NDIS plan, including sufficient funding in your NDIS plan for payment of Activity Fees;
  • where you are a User that wishes to use the NDIS to make payments of the Activity Fee through your NDIS funds or to direct an invoice to your NDIS plan manager, you will immediately inform us of any change to an NDIS plan, including if the NDIS plan is suspended, replaced or cancelled or if you have or may have insufficient funds to pay for an Activity Fee;
  • where you are a User that wishes to use the NDIS to make payments of the Activity Fee through your NDIS funds or to direct an invoice to your NDIS plan manager, you will be responsible for determining whether the selected Provider is able to provide the Social Activities and or Support Services through NDIS;
  • where you are a Provider, you will not make any misrepresentations as to your training, qualifications or suitability of the Social Activities and or Support Services that you provide, including in any Provider Listings;
  • where you are a Provider, you either have a valid and current NDIS Provider Number or you have a valid and current state-based Working With Children Check clearance; have policies and procedures in place to comply with the National Principles for Child Safe Organisations at an organisational level and you have procedures in place that require mandatory reporting for suspected child abuse or neglect;
  • where you are a Provider, you are responsible for complying with all laws, rules and regulations which apply to providing the Social Activities and or Support Services in your Provider Listings, including, to the extent applicable to you, the NDIS Act, the NDIS Code of Conduct other NDIS policies, the National Code of Conduct for Health Care Workers and all privacy regulations;
  • where you are a Provider, you are appropriately qualified, and have any required skills, knowledge or training, to provide the Social Activities and or Support Services; and
  • where you are a Provider, by virtue of the fact that you are listing Social Activities and or Support Services on the Platform, you are solely responsible for determining whether you have the ability to accept Booking Requests, including taking into consideration the type, timing, manner and means, methods or processes of providing your Social Activities and or Support Services, the price you charge for the Social Activities and or Support Services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the Social Activities and or Support Services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your Social Activities and or Support Services. You are responsible for any taxes payable on any fee you receive for your goods and/or services.

Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a User, the Social Activities and or Support Services provided by a Provider may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.

Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • your acts or omissions;
  • any use or application of The A List Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any aspect of the User and Provider interaction including the Social Activities and or Support Services offered by the Provider, the description of the Social Activities and or Support Services requested or offered, any advice provided or the performance of the Social Activities and or Support Services;
  • any works, services, goods, materials or items which do not form part of The A List Services (as expressed in these Terms), or which have not been provided by us;
  • any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  • The A-List Services being unavailable, or any delay in us providing the A List Services to you, for whatever reason; and/or
  • any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for Consequential Loss;
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying The A List Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees or Subscription Fees paid by you to us in respect of the supply of The A List Services to which the Liability relates, or where there are no Service Fees or Subscription Fees paid, $100.

This clause will survive the termination or expiry of these Terms.

Termination
Your Account and these Terms may be terminated by you at any time.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you no longer hold a valid relevant state-based Working With Children Check clearance or your NDIS registration is suspended or cancelled;

you (or any of your Personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;

there is any reason outside our control which has the effect of compromising our ability to provide The A List Services; or
you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  • are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you;
  • or are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  • we will remove your access to the Platform;
  • we will immediately cease providing The A List Services;
  • you agree that any payments made by you to us are not refundable to you; and
  • where you are a Provider, we will cancel any existing Bookings and you will lose any Activity Fees and other amounts paid. Where you are a User, you will lose any Activity Fees and other amounts paid.
  • Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
    This clause will survive the termination or expiry of these Terms.

Provider insurance
As a Provider, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Social Activities and or Support Services you choose to provide to Providers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

General
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, or a Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Online execution: These Terms may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks; domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
Access Care Australia trading as The A-List Hub ABN 78 609 836 679
Email: [email protected]
Last update: 26 October 2021
© LegalVision ILP Pty Ltd