GYMPIE NATIONAL DISABILITY SERVICES AUSTRALIA PTY LTD(ABN: 65641977362)
AllWin is a free community service that connects people living with a disability, their families and carers, with easy-to-read information about the NDIS and with the disability supports they need to live full and independent lives.
We are a provider enterprise whose mission is to ensure that Australians living with a disability (User) has access to the information and support they need to increase their independence and achieve their life goals. We also connect the Users with services providers who can accommodate the Users’ needs and support them in achieving these goals. A User may also be referred to as a Partner on the Platform, to reflect their relationship to us and that we may receive or pay a commission to this service provider.
These terms and conditions (Terms) are entered into between GYMPIE NATIONAL DISABILITY SERVICES AUSTRALIA PTY LTD(ABN: 65641977362) (we, us or our) and you, together the Parties and each a Party.
In these Terms, you means (as applicable) the person or entity registered with us as either a User or 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 and Platform Licence
You must be at least 13 years old to use the Platform. A parent or guardian may accept these terms on behalf of a minor who will benefit from the use of the Platform.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
All personal information you provide to us will be treated in accordance with our Privacy Policy.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
Platform summary
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site, to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the content.
We do not give any advice as to the appropriateness or suitability of User’s goods or services for you. It is solely the User’s responsibility to ensure that the services you obtain through the Site, including any Subscriber’s goods or services meet your requirements.
Any ongoing contractual relationship between a User is one made solely between those parties and will result in no Liability on us.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Users can communicate privately using our private messaging service or offline using the listed contact details before a Request is made. Users must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of any fees to us.
Reviews
Users may review their experience with the Subscriber on the Platform, including the 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. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a User if you have had an experience with that Subscriber, which means that (1) you have engaged the Subscriber through the Platform; or (2) you can otherwise document your interaction with the User in relation to the Platform, including via correspondence (collectively referred to as a User Experience).
You may not write a review about a User you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that User, or work for the User. Similarly, you may not write a Review about a direct competitor to the User that you own, are employed by or work for.
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 User Experience, such as that of a family member or friend.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Subscriber to write a Review, you should include information about this in your Review. Incentives include the Subscriber offering you a gift, reward, discount or advantage for writing a Review about the Subscriber on the Platform.
This clause will survive the termination or expiry of these Terms.
Intellectual Property
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
This clause will survive the termination or expiry of these Terms.
Content you upload
You may be permitted to post, upload, publish, submit or transmit relevant information and content including Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
(a) 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
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) 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.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
This clause will survive the termination or expiry of these Terms.
General
Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a User,
Disputes:In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, or termination) () between a User and us, or a Subscriber 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, 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. Validity Disputeplace
Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, and agreements, in respect of its subject matter.commitments
Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and your obligations under it.
Governing law: These Terms are governed by the laws of QLD. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in QLD 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 details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or 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.email, and
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Publicity: You agree that we may advertise or publicise the broad nature of our supply of the AllWin Community Services to you, including on our website or in our promotional material.
Relationship of Parties: These Terms are not intended to create the legal entity of a partnership, joint venture, nor is it intended to create an employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, 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.illegal
Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a website linked from the Platform, such third party provides the goods and services to you, not us.endorsethird party We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform () or for featuring certain products or services on the Platform. We may also pay a commission to certain service providers, known as Partners. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.Affiliate Link
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 , 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.trade marks
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 (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of rights including any Intellectual Property Rights of third parties).third party
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, or contingent and whether involving a third party or a party to these Terms or otherwise.future NDIA means the independent government organisation responsible for the management and operation of the NDIS.
NDIS means the national disability insurance scheme developed by the Australian Government under the National Disability Insurance Scheme Act 2013 (Cth), to assist people with disabilities to obtain support services.
For any questions or notices, please contact us at:
GYMPIE NATIONAL DISABILITY SERVICES AUSTRALIA PTY LTD(ABN: 65641977362)
Email: manisha@gympieds.com.au
Last update: 12 Jan 2025