Site Terms

1. Site Terms

  1. The Site is owned and operated by Mable Technologies Pty Ltd ACN 162 890 379 (Mable, we, us, our).
  2. We offer various services through the Site that are only available to you through your use of an account (Platform Services). Your access to and use of our Platform Services, and the parts of the Site through which we provide you with our Platform Services, are subject to the terms and conditions that we provide to you, and you accept, when you apply for your account.
  3. Subject to sub clause (b), your use of the Site is subject to:
    1. these Site Terms of Use; and
    2. our Privacy Policy which is available here: Privacy Policy,

    (together, the Site Terms).

  4. By accessing and using the Site, you are deemed to accept the Site Terms and agree to be bound by them. If you do not accept the Site Terms, you must immediately stop using the Site.
  5. If you are accessing and using the Site on behalf of an organisation or entity, then you are agreeing to these Site Terms on behalf of the organisation or entity you represent and warrant that you have authority to bind the organisation or entity to these Site Terms. In this case, you and your refers to that organisation or entity.

2. Amendments to the Site Terms

  1. We may amend the Site Terms from time to time. Amendments will be effective immediately upon the publication of an updated version of the Site Terms on the Site.
  2. By continuing to use the Site, you will be deemed to accept the amended Site Terms and agree to be bound by them.

3. Prohibited activities

  1. You must not:
    1. post or transmit, to or via the Site, any information or material, or otherwise use the Site for any activity, which:
      1. breaches any Law or regulations;
      2. infringes a third party’s rights (including Intellectual Property Rights) or privacy; or
      3. is contrary to any relevant standards or codes, including generally accepted community standards.
    2. transmit to or via the Site any malicious computer code (including viruses, worms and Trojan horses) or any other means of cyber-interference; and
    3. use the Site in a way which:
      1. tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
      2. inhibits any other user from using the Site;
      3. defames, harasses, threatens, menaces or offends any person; or
      4. contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
  2. You must also not permit or enable any person to do any of the things described in this clause 3.

4. Personal use

  1. Unless we agree otherwise in writing, you are provided with access to the Site only for your personal use. You are authorised to print a copy of any information contained on the Site for your personal use, unless such printing is stated as expressly prohibited.
  2. Without limiting clause 4(a), you must not without our prior written consent share, sell or otherwise commercialise or deal with any information obtained from the Site.

5. Our content

  1. You acknowledge and agree that:
    1. the Site, and our software, source code, proprietary methods and systems used to provide the Site, or any platform provided through the Site (Our Technology);
    2. all information, data, documents, images and other materials contained on the Site that are posted, emailed, contributed to or otherwise made available on the Site (including any branding, trade marks, service marks and logos), excluding Your Content (Our Content); and
    3. all Intellectual Property Rights in Our Technology or Our Content (Our IP),
    (collectively, Our Proprietary Material) is owned or licensed to us, and that all right, title and interest to Our Proprietary Material at all times vests with us or the relevant licensor, and nothing in these Site Terms is intended to transfer or modify those ownership and licence rights.
  2. Subject to clause 4, You must:
    1. not use, copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute in any way Our Proprietary Material, without our prior written permission; and
    2. abide by all copyright notices, information, and restrictions contained in or attached to any of Our Proprietary Material.

6. Copyright

  1. Without limiting clause 5, all copyright in the Site (including any text, graphics, logos, icons, sound recordings and code) is owned by, or licensed to, us.
  2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Site Terms, you must not in any form or by any means:
    1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
    2. commercialise any information, products or services accessed or obtained from any part of the Site,
    without our prior written consent.

7. Your content

If you submit, post, transmit or otherwise make any material available via the Site (Your Content):

  1. you grant us a licence to use, copy, reproduce, process, adapt, publish, transmit, host and display Your Content for the purposes of:
    1. addressing your enquiry;
    2. providing you with the service or associated support requested;
    3. analysing and improving the Site and our processes associated with the Site; and
    4. developing other products, services or features.
  2. you warrant that:
    1. you have the right to grant the licence set out in clause 7(a);
    2. our exercise of the licence rights set out in clause 7(a) will not infringe the intellectual property rights of any person; and
    3. Your Content is not defamatory and does not breach any Law.
  3. you acknowledge and agree that:
    1. we may monitor or review Your Content, but we are not obliged to do so; and
    2. we may alter or remove any of Your Content at any time, including to ensure the operational integrity of the Site.

8. Feedback

  1. You may have the ability to post feedback and reviews on the Site (Feedback).
  2. If you post Feedback, you grant us an unrestricted, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, communicate to the public, modify, and adapt that Feedback for the purpose of publishing that Feedback on the Site or other Mable platforms or services.

9. Disclaimers

  1. We will use commercially reasonable efforts to ensure that the materials, information and content on the Site (Our Information) is accurate and complete.
  2. To the maximum extent permitted by law, but subject to clause 9(a), we do not represent or warrant that Our Information is accurate, reliable, suitable, or complete.
  3. In particular:
    1. Our Information that we make available to you via the Site must not be used or relied upon as to any government funding that may be available, the suitability of any relevant care services for a client’s circumstances and/or as the exclusive source of the obligations of support workers;
    2. the Site and Our Information is provided to you on an “as is” basis;
    3. Our Information is subject to change at any time without notice;
    4. subject to clause 9(a), we are not obliged to update Our Information or correct any inaccuracy of which we become aware within any specific timeframe; and
    5. we do not promise that the use of the Site will be continuously available, as intended, or virus or fault free.

10. Specific warnings

  1. You must take your own precautions to ensure that the process which you employ for accessing and using the Site does not expose you to malicious computer codes (including viruses, worms and Trojan horses) or other means of cyber-interference which may damage your computer system.
  2. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Third Party Application.

11. Third Party Applications

  1. The Site may contain links to third party websites or applications (Third Party Application). Third Party Applications are linked for convenience only and we are not responsible for the use, content (including information, products and services) or privacy practices of Third Party Applications. We do not endorse, approve or recommend (whether express or implied) any content, information, products or services of any Third Party Applications.
  2. If you elect to utilise any Third Party Application, any such access and use of Third Party Applications will be subject to the relevant third party’s terms and conditions. To understand how any such third parties utilise your information, you should familiarise yourself with their terms and conditions and their privacy policy.
  3. We are not responsible for any third party content that you download or otherwise obtain through the use of the Site, including through any Third Party Application or for any damage or loss of data that may result.
  4. We do not warrant, guarantee or assume responsibility for any Third Party Application or any service that provides access to our Site.

12. Exclusions of Liability

  1. To the maximum extent permitted by law, and subject to any Non-Excludable Guarantee (as that term is defined in clause 12(b) below):
    1. all representations, warranties, conditions, guarantees, indemnities or undertakings that would be implied in, or affect, these Site Terms by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded; and
    2. we are not liable to you for losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind which are incurred by you in connection with:
      1. Our Proprietary Material;
      2. Our Information; the Site;
      3. Third Party Applications; or
      4. your access to any part of the Site,
      whether in contract, tort (including negligence), statute or otherwise.
  2. Despite the foregoing, nothing in these Site Terms:
    1. excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable Law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee); or
    2. is intended to limit any liability owed by a Support Worker to a Client, or by a Client to a Support Worker, including (without limitation) for any Claim as a consumer under the ACL, or to limit or modify any right or remedy the Client has against the Support Worker for failure of a statutory guarantee under the ACL.
  3. To the maximum extent permitted by Law, our liability and the liability of each of our Affiliates for breach of a Non-Excludable Guarantee is limited, at our option, to:
    1. in the case of goods, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; or
    2. in the case of services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

13. You indemnify us

  1. You indemnify us, and our Affiliates against all Claims and Losses suffered or incurred by us or our Affiliates that are caused by or arise from:
    1. your use of Our Information contrary to these Site Terms or our disclaimers or instructions to you;
    2. your use of the Site contrary to these Site Terms or our disclaimers or instructions to you;
    3. a Claim from a third party against us arising from your breach of these Site Terms;
    4. the provision of Your Content by you, or a third party with your knowledge or consent;
    5. any Claim by a third party that Your Content infringes the Intellectual Property Rights of any person; and
    6. Your use of Our Proprietary Material in breach of clause 5(b).
  2. This indemnity by you is limited to the extent that such Claims or Losses were caused or contributed to by our wilful misconduct or negligence.

14. Limitation of liability

To the maximum extent permitted by law, in no event will we, or our Affiliates, be liable for any Consequential Loss that results from the use of, or inability to use, the Site.

15. Inconsistencies

If there is any inconsistency between these Site Terms and any other agreement that you have with us, or any terms, conditions, notices or disclaimers displayed on individual pages of the Site (Other Terms), the Other Terms prevail over these Site Terms to the extent of the inconsistency.

16. Governing law

The Site Terms are governed by the laws in force in the State of New South Wales, Australia. In respect of all matters connected to the Site Terms, you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction.

17. Miscellaneous

  1. We accept no liability for any failure to comply with the Site Terms where such failure is due to circumstances beyond our reasonable control.
  2. Any delay or failure by us to exercise or enforce any right or provision of the Site Terms will not constitute a waiver of such right or provision.
  3. Each word, phrase, sentence, paragraph and clause of the Site Terms is severable. Severance of any part of the Site Terms will not affect any other part of the Site Terms.
  4. If any part of the Site Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions in those Site Terms continue to apply in full force and effect.
  5. We may provide notices to you via publishing such notices on the Site.
  6. Unless otherwise stated, in the Site Terms
    1. headings are for reference purposes only and do not affect the interpretation of these Site Terms;
    2. other grammatical forms of defined words or expressions have corresponding meanings;
    3. a reference to any law or legislation includes:
      1. all legislation, regulations and other forms of statutory instrument issued under that legislation; and
      2. any modification, consolidation, amendment, re-enactment or substitution of that legislation;
    4. the singular includes the plural, and vice versa; and
    5. “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.

18. Dictionary

In these Site Terms:

ACL has the meaning in clause 12(b).

Affiliates means:

  1. Mable or any of its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth));
  2. any employee, consultant, agent, licensor, supplier or representative of Mable or any of its Related Bodies Corporate; and
  3. Mable Payment Services Pty Ltd ACN 635 828 170.

Claim means claims, actions, proceedings or investigations of any nature or kind (including the allegation or threat of a claim).

Consequential Loss means any:

  1. loss of profit or anticipated profit, loss of revenue, loss of savings, loss of data, loss of contract, loss of reputation or goodwill or loss of opportunity; and
  2. any other Loss suffered or incurred by a party in connection with the Site Terms that does not arise naturally (that is, according to the usual course of things) from the event giving rise to the Loss.

Feedback has the meaning in clause 8(a).

Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by Law and wherever existing, including:

  1. patents, designs, copyright, rights in circuit layouts, database rights, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
  2. any application or right to apply for registration of any of the rights in paragraph (a);
  3. any registration of any of those rights or any registration of any application referred to in paragraph (b); and
  4. all renewals and extensions of those rights.

Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.

Losses means losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind and Loss has a corresponding meaning.

Mable, we, us, our has the meaning in clause 1(a).

Non-Excludable Guarantee has the meaning in clause 12(b).

Our Information has the meaning in clause 9(a).

Our Content has the meaning in clause 5(a)(ii).

Our IP has the meaning in clause 5(a)(iii).

Our Proprietary Material has the meaning in clause 5(a).

Our Technology has the meaning in clause 5(a)(i).

Other Terms has the meaning in clause 15.

Site means the mable.com.au website, including all subpages.
Site Terms has the meaning in clause 1(c).

Third Party Application has the meaning in clause 11.

You or your means the person, organisation or entity accessing or using the Site.

Your Content has the meaning in clause 7.

Version date: 22 August 2024

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