YOU FIRST TERMS OF SERVICE

4 March 2019

 

The You First Pty Ltd (You First) ABN 23 629 649 805 Terms of Service set out contact, communication and correspondence terms with You First and terms of access and usage of You First services.

 

Introduction

 

You First is a disability service provider supporting registered You First Clients or Client Representatives to find, choose and manage the people that support them. Registered You First Clients are eligible to receive You First Reward Points for every hour or shift they use You First registered Support Workers.

 

The You First Terms of Service are intended to be a supplement to the Client Service Agreement unless otherwise stated in the document paragraphs below. They should be read in conjunction with all relevant You First Policies & Procedures, including the You First Code of Conduct and the You First Privacy & Collections Policy. The You First Terms of Service apply every time you access or use You First services or contact, communicate or correspond with You First.

 

When contacting, communicating or corresponding with Your First or when accessing or using our services you are acknowledging that you will be bound by, agree to and will be compliant with the terms set out in this Terms of Service. If you do not agree to be bound by these Terms of Service, then you are not able to use or access our services.

 

You First retains the absolute right at any time to amend, update or remove all or any part of the You First Terms of Service. As soon as is practical after a change to the You First Terms of Service, You First will upload the updated Terms of Service to the You First website.

 

Contacting, communicating or corresponding with You First except for informing You First you disagree with the changes to the Terms of Service, or accessing or using You First services following a change to the You First Terms of Service will be taken as your acceptance of the changes. If we make any significant amendments, updates or changes to the You First Terms of Service, we will put a notification on the You First website Home page and email all our Registered Clients, Client Representatives and Support Workers at the email address they have registered with You First to inform them of the changes.    

 

The You First Privacy & Collections Policy sets out how You First will use and protect your personal information including setting out the types of information held, how we collect it and use it and for how long and why we need it. A summary of our You First Privacy & Collections Policy sets out the key terms of the You First Privacy & Collections Policy in the You First Privacy & Collections Statement available on the You First website.

The You First Terms of Service will come into effect on 4 March 2019 and are governed by the laws of Victoria, Australia. By accepting the You First Terms of Service you agree to be bound by the exclusive jurisdiction of the courts of Victoria, Australia and any courts of appeal from them. If any provision of these Terms of Service is, or becomes, unenforceable, that will not affect the enforceability of the other provisions of these Terms of Service.

 

Website usage, geographical reach and intellectual property

 

All users access and use the You First website and any You First Social Media pages at their own risk including selecting connections or links to third-party websites, third party advertisements or third-party information that are not owned or controlled by You First.

 

By accessing and using the You First website or You First Social Media account pages you are accepting that You First Terms of Service and acknowledge that the You First website and You First Social Media uses cookies and collects data and device information from users of any You First website page or Social Media account page which may include, but not be limited to, demographic information, geographical location and IP addresses.

 

The content of the You First website has been prepared for residents of Australia and any references to location or currency are specific to Australia unless otherwise stated. You should check your entitlements to access the You First website or You First Social Media pages if you are accessing the You First website or You First Social Media pages from outside of Australia. You First does not accept any liability for any persons accessing the You First website or Social Media pages from outside of Australia.

 

You First owns all Intellectual Property Rights in connection with the You First service model and any associated public or private material or content printed or electronically provided or published including but not limited to the public and private webpages of the You First website and any content on You First social media pages including but not limited to Facebook, Twitter, LinkedIn and Instagram.

You First services suitability, eligibility, registration, access and usage

 

To register, access and use You First services you must be 18 years of age or older. You must also be willing, able and authorised to enter into a legally binding contract with You First. A legally authorised Client Representative may enter into a contract on a Client’s behalf if the Client Representative is 18 years of age or older and is willing, able and authorised to enter into a legally binding contract with You First.

By registering, accessing and using You First services, Clients or Client Representatives are formally declaring that they are at least 18 years of age and have the legal capacity and authority to enter into a contract with You First. If you sign a You First Client Service Agreement and are found not to be 18 years or older or you are not able to enter into a legally binding agreement with You First the agreement will be deemed null and void.

Services are provided at the sole discretion of You First based on an assessment by You First of the Client or Client Representative’s suitability & eligibility to access and use You First services. All Client or Client Representative expressions of interest and registration requests and all Support Worker application and registrations will be assessed against the You First Client or Client Representative or Support Worker suitability & eligibility criteria prior to formally registering a Client or Client Representative with You First or You First entering into an employment arrangement with a Support Worker. You First retains full and absolute discretion to refuse registration, access and usage of You First services at any time.

 

Registered Clients or Client Representatives and Support Workers of You First services are afforded non-exclusive, fee-free and revocable licences (unless otherwise stated) to use You First tools and resources under these Terms of Service. Access to certain tools, and resources are restricted to Registered Clients, Client Representatives and Support Workers who have registered and been approved by You First for access to the You First Registered Clients, Client Representative and Support Worker pages on the You First website.

To be a registered You First Client, Client Representative or Support Worker you must have been assessed as suitable and eligible to register, have signed a You First Client or Client Representative Service Agreement or You First Employment Contract, completed all mandatory You First induction and training and received formal confirmation of registration in writing from You First.

You First Clients, Client Representatives and Support Workers are responsible for the security and confidentially of their Registration and Account details and passwords. You must not disclose your Registration and Account details to anyone unless authorised by You First. Under no circumstances should you disclose your Registration and Account passwords to anyone else. You First will never ask you to provide your password for any reason when we contact you or you contact You First.

If you know or suspect that your Registration and Account details or password have been compromised, lost, stolen or are being used fraudulently or you know or suspect any unauthorised access activity has occurred on your You First Account then you must notify You First immediately in writing to info@youfirstservices.com.au.

All You First Clients, Client Representatives and Support Workers must always act with honesty and integrity and must always meet the minimum standards of behaviour which are set out in the You First Policies & Procedures. The following actions are prohibited for all You First Clients, Client Representatives and Support Workers and You First Clients, Client Representatives and Support Workers will be liable for any of these actions:

  1. Providing, disseminating or distributing verbal, non-verbal, written, published or electronically transferred (email, text) or any other electronic or non-electronic medium information, declarations, surveys, contests, competitions, chain letters, unsolicited mail or emails including spamming either directly or indirectly to You First, Clients, Client Representatives, Support Workers or any other Employee, Representative, Contractor or Associate of You First that are factually incorrect, misleading, deceptive, dishonest or that you do not have a right to under any law or contractual obligation or which contain viruses or other computer codes, files or programs designed to interrupt, limit or destroy the function of computer software or hardware including the You First website and You First Social Media pages;

  2. Breach of any relevant and applicable laws, regulations or policies including but not limited to impersonating any person or entity without proper authority or unlawfully impersonating an authorised representative of either a Client or You First;

  3. Using offensive, defamatory, derogatory, indecent or inappropriate language verbal or non-verbal, written or printed material in any contact, communication or correspondence with You First, Clients, Client Representatives, Support Workers or any other Employee, Representative, Contractor or Associate of You First;

  4. Using You First services to contact, communicate or correspond with You First, Clients, Client Representatives, Support Workers or any other Employee, Representative, Contractor or Associate of You First for purposes other than for purposes that are authorised by You First or legitimately connected to You First services; and

  5. Assaulting, harassing, defaming, stalking, threatening, intimidating or otherwise offending Clients, Client Representatives, Support Workers or any other Employee, Representative, Contractor or Associate of You First or deliberately or negligently enabling or exposing any Clients, Client Representatives, Support Workers or any other Employee, Representative, Contractor or Associate of You First to physical or psychological risk or injury or to any other harm.

You First services suspension, cessation and termination

​Clients or Client Representatives may suspend, cease or terminate their You First Account by providing 14 days’ notice in writing to You First. You First may suspend, cease or terminate a Client or Client Representative Account by providing the Client or Client Representative with 14 days’ notice in writing.

You First retains the right to suspend or terminate the use of You First services at any time and without notice should a registered Client or Client Representative no longer meet the You First suitability & eligibility criteria for using You First services.

You First reserves the right to refuse to provide access or usage of You First services and to suspend, cease or terminate a You First Client or Client Representative Account for any reason real or perceived attributable to the You First Client or Client Representative and including, but not limited to, where a:

 

Breach of these Terms of Service, the terms of the You First Client or Client Representative Service Agreement or You First Policies & Procedures occurs;

  1. Client or Client Representative changes, adds, removes, copies, adapts, modifies or otherwise interferes with their Account or any You First materials, information, communication or content either printed or electronic, including but not limited to the You First website and any You First Social Media pages including but not limited to Facebook, Twitter, Linked In and Instagram; 

  2. Fault, interruption, virus or unauthorised access to a You First Account or You First systems, website or technology occurs; or

  3. You First service or engagement is used for any purpose that You First deems at its absolute discretion to be inappropriate.

Disclaimer & limitation of liability

 

You First services, the You First website and You First Social Media pages are provided without any express or implied guarantee or warranty. The You First website and You First Social Media pages are provided on an “as is” basis. You First website and You First Social Media content is provided as general information only and is prepared without taking into account the specific needs of individuals circumstances. Users of the You First website and You First Social Media pages are responsible for assessing the accuracy and completeness of any information or content.

 

You First hereby disclaim, to the maximum extent allowed by law, any warranties, express or implied with respect to these Terms of Service, including but not limited to warranties of accuracy, completeness and non-infringement. In addition, to the maximum extent allowed by law, You First will not be liable directly or indirectly for any consequential, exemplary, incidental or punitive damages under Australian Federal or State laws in relation to the contents generated by You First or generated by a third-party, use or connection with You First services, You First website or You First Social Media pages. 

 

You First will not be liable to you or any third-party for, and you hereby release us in respect of, any and all injury, loss or damage (including any direct or indirect consequential, punitive, exemplary, special or incidental damage), however it has arisen or been generated to you or any third-party as a result of your inability to use or access the You First services, You First website or You First Social Media pages including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty.

 

If you have any questions about the You First Terms of Service, please contact You First at info@youfirstservices.com.au.

The information on this website is provided as general information only. We haven’t taken into account your disability, needs, objectives or goals when providing the information. 

CONTACT US

You First Pty Ltd

PO Box 24411

Melbourne

VIC 3001

 

E: info@youfirstservices.com.au

T: 1300 52 56 56

 

Monday to Friday

9 am to 5 pm

 

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Registered NDIS Provider

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All Rights Reserved © 2019 You First Pty Ltd. ABN 23 629 649 805 and NDIS Registration 4050045626. You First® is a Registered Trademark 1966420

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You First Pty Ltd acknowledges, recognises and respects the Elders, families and forebears of the Wurundjeri People of the Kulin Nation as the traditional owners of this land.