United Disability Care Pty Ltd ACN 065 087 210 and its affiliates (UDC, we or us) provides support services to people with disabilities, including housing and accommodation, health care, domestic and other care services.
These terms of use (Terms) set out the contractual terms which apply to your use of the UDC Assist mobile phone application (Application). You should read these Terms carefully.
If you use the Application, you are agreeing to be bound by the Terms and any other laws or regulations which apply to this Application. If you do not accept these Terms, you must refrain from using the Application.
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Application. Your continued use of the Application following such notification will represent an agreement by you to be bound by the Terms as amended.
(a) UDC grants you a limited, personal, non-transferable, non-exclusive, revocable licence to access and use the Application pursuant to these Terms and any additional terms and policies set forth by UDC from time to time.
(b) The Application is made available to you at no cost to assist with recording of trips that you conduct when travelling with a UDC participant. However, you are responsible for all costs, expenses and other charges associated with your use of the Application, such as access to cellular networks from your mobile device.
(c) You may access the Application only through your mobile phone device, unless otherwise authorised by UDC.
(a) You must register an account with us to use the Application (Account).
(b) We reserve the right to decline a new Account registration or to cancel an Account at any time.
(c) To register your Account, you need to supply us with your name and email details (which must be your UDC g-mail account).
(d) During registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Application. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
(e) You warrant that all information provided on registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
(f) We reserve the right to close Accounts and terminate your access to the Application at any time in our sole discretion, including in circumstances where we are of the opinion you are in violation of these Terms.
When using the Application on certain mobile devices, UDC may need to access and collect certain details and data from your mobile device including IP address, device name, time zone and location data (including country, state, city, town, locality and street address). UDC collects such data to accurately track your location as part of the Application’s purpose of recording trips, for internal software development purposes and for other purposes as set out in UDC’s Privacy Policy (Privacy Policy – United Disability Care).
(a) Although we will try to allow uninterrupted access to the Application, your access to the Application may be suspended, restricted or terminated at any time. Your access to the Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services. You acknowledge and agree that UDC is not liable for any loss or damage you suffer in connection with any change to your access to the Application. We also reserve the right to suspend or terminate your access to the Application in circumstances where, in our opinion, your conduct may give rise to a breach of any provision of these Terms.
(b) You must not use the Application:
(i) in breach of these Terms;
(ii) in any manner which is contrary to any law that applies to you or is otherwise unsafe (such as while driving a motor vehicle);
(iii) in any manner which is false, misleading, fraudulent or likely to be false, misleading or fraudulent, including falsifying data or tampering with the Application in any way;
(iv) to attempt to circumvent our security or network including accessing data not intended for you;
(v) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
(vi) to execute any form of network monitoring which will intercept data not intended for you; or
(vii) to engage in any unlawful or criminal activity in connection with the use of the Application.
(c) Where you have consented, UDC may send you push notifications on your mobile device(s) in connection with your use of the Application. You can opt-out of our push notifications at any time by changing the preferences on your mobile device.
(a) UDC will exercise reasonable care and skill in performing our obligations under these Terms.
UDC will comply with its Privacy Policy (Privacy Policy – United Disability Care) in connection with the Application.
(b) You understand that your use of the Application is at your own risk and that UDC is not obliged to provide you with any assistance. UDC is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Application.
(c) While we do not give any warranty that the Application is free from viruses or anything else which may have a harmful effect on any device, we have taken all reasonable steps to ensure the Application is not knowingly malicious.
(d) Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit through the Application is transmitted at your own risk. If you become aware of any problems with the security of the data or the Application, please contact us immediately. You should avoid using the Application if you are concerned about the security of the Application.
(e) You must ensure that your access to this Application is not illegal or prohibited by laws which apply to you.
(f) Where the Application contains links to third party sites and to resources provided by third parties (Other Sites), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products or services of Other Sites and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Other Sites linked to the Application, you do so entirely at your own risk.
(g) We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these Terms or your use of this Application.
(h) If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
(i) You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Application, any information that you provide to us via this Application or any damage that you may cause to this Application or other property of UDC. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
(a) All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Application, materials, information and content on the Application, any database operated by us, all the Application design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You must not, and must not attempt to, obtain any ownership or title to any such property.
(b) None of the material listed in section 5(a) above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of UDC or the copyright owner, except as otherwise expressly stated under copyright law.
(c) Notwithstanding clause 5(b), you may, however, retrieve and display the content of the Application on an electronic device and store such content in electronic form. You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information, or content on the Application without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(d) Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil penalties.
(e) You may not make any use of the Application that exceeds or violates these Terms.
(f) No licence is granted to you in these Terms, either expressly or implicitly, to use any trademarks, names, or logos of UDC.
(a) In these Terms:
(i) words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
(ii) section headings and section titles are purely for ease of reference and do not form part of or affect the interpretation of these Terms; and
(iii) references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
(b) Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
(c) Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
(d) You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under these Terms to any third party.
(e) We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
(f) No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
(g) Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
(h) In any event, the provisions of 4(h) to 4(j), 5 and 6(h) of these Terms, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms. In the event you use Application again, then all of the provisions of these Terms will govern your use of the Application.
(i) If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
(j) These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Queensland.
If you have any queries about this Application, you can contact us using the details below:
United Disability Care Pty Ltd ACN 065 087 210
Address: Level 5, 35 Robina Town Centre Drive, Robina QLD 4226
Phone: +61 1300 454 850
Email: info@uniteddisability.com.au
Website: https://www.uniteddisability.com.au/feedback/
These Terms were last updated in January 2021.
