Terms & Conditions of Use

Last Updated: 1/12/2024

  1. General

1.1       By accessing and using this Website and any or the tools and Services provided on this Website and each time You access and/or use this Website and any of the tools and Services available thereon, You agree to be bound by these Terms of Use. You must not do anything in respect of accessing or using any of the tools or Services available on this this Website which is not expressly permitted by these Terms of Use.

1.2       At Our discretion We may change these Terms of Use from time to time. We recommend that You check these Terms of Use for any changes and it is Your responsibility to do so. Your continued use of the Website following any changes will mean that You accept and agree to the updated version of these Terms of Use.

  1. Definitions
In these Terms of Use:

2.1       “Client” means an entity which, for a fee, has and maintains a Profile Listing on the Website.

2.2       “Content” means all copyright, database rights text, graphics, user interfaces, visual interfaces, extensions, tools, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights created and/or maintained by Getha on the Website but which does not include Material.

2.3       “Getha” means the business operated by Us by including by means of the Website.

2.4       “Material” means information and materials posted by a Client as part of and incorporated in a Profile Listing.

2.5       “NDIS” means the National Disability Insurance Scheme.

2.6       “Profile Listing” means any profile listing that a Client maintains in respect of its business as an Service Provider by means of the Website.

2.7       “Representative” in respect of a Client means and includes any officer, employee, agent or other representative of the Client visiting or using the Website in connection with establishing or maintaining a Profile Listing.

2.8       “Service Provider” means an allied health care provider, aged care provider and/or NDIS service provider.

2.9       “Services” means the services provided by Us via the Website.

2.10       “Terms of Use” mean these terms and conditions governing Your use of the Website and any tools or services available from the Website.

2.11       “Us” or “We” or “Our” means Studdert Family Trust ABN 25 806 833 982 and related entities.

2.12       “User” means any visitor to the Website that is not a Client or a Representative of a Client.

2.13       “Website” means this website.

2.14       “You” means any person accessing and/or using the Website.

  1. Overview

3.1       The Getha Website has been created in order to provide Services to Clients and Users of making available a platform for Clients create and maintain a Profile Listing of their business as a Service Provider so as to notify of and promote the same and for Users to be able to view such Profile Listings so as to be informed of such Client Service Providers and to be able to contact and potentially utilise the services of such Client Service Providers.

  1. Client Obligations and Acknowledgements

4.1       The Services that Getha makes available to Clients is to make available a platform via the Website for the Client to maintain a Profile Listing and to assist Clients with the creation of such Profile Listings.

4.2       Clients must not in their use of the Website:

(a)        use this Website in breach of any applicable laws or regulations; (b)       use this Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

(i)      in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person or entity; (ii)     contains, promotes, or provides information about unlawful activities or conduct; (iii)    is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; (iv)     exploits another person in any manner; (v)      contains nudity, excessive violence, or sexual acts or references; (vi)     contains an image or personal information of another person or persons unless the Client has their consent; (vii)     poses or creates a privacy or security risk to any person; (viii)    the Client knows or suspects (or ought reasonably to have known or suspected) to be false, misleading or deceptive; (ix)      contains large amounts of untargeted, unwanted or repetitive content; (x)       contains restricted or password only access pages, or hidden content; (xi)      contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or (xii)     contains financial, legal, medical or other professional advice;

4.3         By uploading, transmitting, posting or otherwise making available any Material via this website, each Client:

(a)     grants Us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material insofar as that Material is posted and maintained as part of or associated with a Profile Listing on the Website; (b)     warrants that the Client has the right to grant the above-mentioned licence; and (c)     unconditionally waives and/or consents to infringement all moral rights (as defined by the Copyright Act 1968) which a Client or its Representatives may have in respect of the Material in respect of the use of the Material on the Website.

4.4         We reserve the right (but have no obligation) to review, modify, reformat, reject or remove any Material which a Client may upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in Our opinion, violates these Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person.

4.5         We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on this Website by any person other than Us. For the avoidance of doubt, We will not be taken to have uploaded, posted, transmitted or otherwise made Material available on this website simply by facilitating others to post, transmit or other make Material available. Furthermore, We do not endorse any opinion, advice or statement made by any person other than Us.

4.6         By using this Website and uploading Material Clients indemnify Us against all liabilities, damages, claims, losses, costs and expenses which We may incur to a third party or the Client as a result of the Client’s or Representative’s use of this Website or as a result of breach by the Client or Representative of these Terms of Use.

  1. Obligations of Users and Clients (all users of this Website)

5.1        All person and entities (that is Users and Clients) must not in their use of this Website:

(a)       use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of this Website;

(b)       use this Website with the assistance of any automated scripting tool or software;

(c)       frame or mirror any part of this Website without our prior written authorisation;

(d)       use code or other devices containing any reference to this Website to direct other persons to any other web page;

(e)       except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of this website or cause any other person to do so;

(f)       delete any attributions or legal or proprietary notices on this website; or

(g)       use this Website other than for the purposes intended which are for Clients to be able to post and display information regarding their service offerings and for Users to view the same with a view to obtaining information about the suitability or applicability of such services and potentially contacting Clients regarding such services.

6. Proprietary rights and Obligations

6.1        All intellectual property rights in and/or associated with the Website and its Content are either owned or controlled by Us or by third parties licensing Us to use their Content.

6.2        Except as expressly provided in these Terms of Use, no part of the Website and no Content or Material may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.

  1. Disclaimer and limitation of liability

7.1       The Content and Material on this Website is intended only to provide general information regarding the service offerings of Clients. We recommend that You exercise Your own skill and care with respect to Your use of this website and that You carefully evaluate the accuracy, currency, completeness and relevance of the Content and Material on the Website for Your purposes.

7.2       To the extent permitted by law, We:

(a)       exclude all implied conditions and warranties;

(b)       are not liable to You or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of this Website; and

(c)       exclude all liability howsoever arising for any special, indirect or consequential loss or damage, including without limitation loss of revenue and loss of, or damage to, data, suffered or incurred in connection with this Website that is beyond Our reasonable control.

7.3        Without limiting the above general disclaimer, We:

(a)      make no warranty as to the completeness or accuracy of any Content or Material or as to its fitness for a particular purpose;

(b)      do not warrant that any Material on the Website does not infringe the intellectual property rights of any person;

(c)      do not warrant that the functions contained in this Website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic Material in the Website and other third-party website free of viruses or other harmful components;

(d)      will not be liable for disruptions to this Website; and

(e)      are not liable to You or anyone else if interference with or damage to Your computer systems occurs in connection with the use of this Website or any external site to which a link is provided.

7.4       Where any law implies a warranty or obligation into these Terms of Use or in connection with any Service provided by us in connection with this Website that cannot lawfully be excluded, then to the maximum extent permitted by law, Our liability is limited to resupplying or reperforming the Service or the cost of resupply of the Service.

  1. Security and Privacy

8.1       By using the Website and any Services You agree that We may collect anonymised data and related information about Your use of the Website and any Services including use and/or visitation history and technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Website and the Services available via the Website and to optimise Your user experience including to better understand Your requirements and preferences for using the Website and Services and to facilitate the provision of updates.

8.2       More information about privacy and use of information that may be gathered through Your use of the Website and Services are set out in Our Privacy Policy accessible on the Website and which terms are incorporated into these Terms of Use by reference.

8.3       Clients are responsible for maintaining the confidentiality of any information they hold in respect of their Profile Listing, including any passwords, and for any and all activity that occurs under the Profile Listing as a result of failing to keep this information secure and confidential. Clients must immediately notify Us of any unauthorized use of a Profile Listing or password, or any other breach of security.

  1. Links to Client websites or other third party sites

9.1       Any links to Client websites or third party sites on the Website are provided for convenience only and We are not responsible for their use, effect or content. If You access Client websites or third party sites You acknowledge that You are subject to any terms and conditions which are imposed by those sites and it is Your responsibility to access and understand any such third party terms and conditions and You are solely responsible for any breach of any such terms and conditions.  We do not provide any warranty or assume responsibility about the accuracy, source, quality or fitness for purpose of any content on any third party site.

  1. Unauthorised Use

10.1     The Website and the Services are only intended for use for purposes consistent with the intended use of the Website and the Services and these Terms of Use.

10.2     You must not use the Website or any of the Services for any activity other than for purposes consistent with the intended use of the Website and the Services and these Terms of Use.

10.3     You are solely responsible for the use You make of the Website and the Services and, subject to clause 7, We are not responsible for any such use or liable for any consequences that result from such use.  As such, You assume the full responsibility and risk for Your use of the Website and Services and We are not responsible nor liable for any loss or damage of any kind however suffered or howsoever occurring.

  1. General Indemnity from all Clients and Users

11.1     You hereby agree to indemnify and hold Us harmless from and against any and all damages, obligations, costs or expenses arising out of or in connection with any claims brought against Us as a result of Your use of the Website or Services or Your violation of any rights, including intellectual property rights of Us or others, or any violation of these Terms of Use.

  1. Term and Termination

12.1     These Terms of Use will remain in force and binding on You for so long as You use the Website and/or the Services.  The agreement between You and Us on these Terms of Use in respect of the use of the Website and the Services may be terminated by Us and You may be blocked from access to the Website and Services if You contravene or breach any of the provisions of these Terms of Use.

  1. Governing law

13.1     These Terms of Use will be governed by and construed according to the law of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland, Australia.

  1. Dispute Resolution

14.1     In the event of any dispute arising out of or in connection with these Terms of Use, the parties agree to first attempt to resolve the dispute through good faith negotiations.

14.2     If the dispute cannot be resolved through negotiations within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) before resorting to litigation.

14.3     The costs of mediation will be shared equally between the parties.

  1. Cookies and Tracking Technologies

15.1     Our Website uses cookies and similar tracking technologies to enhance your experience. By using the Website, you consent to the use of cookies in accordance with the Cookies & Similar Technologies clause in our Privacy Policy.

  1. User-Generated Content

16.1     Users can report inappropriate content by contacting us at info@getha.org. We will review and take appropriate action within a reasonable timeframe.

  1. Age Restrictions

17.1     You must be at least 18 years old to use this Website and the Services. By using the Website, you represent that you meet this age requirement.

  1. Contact Information

18.1     For any questions or concerns regarding these Terms of Use, please contact us at info@getha.org.

  1. Third-Party Services

19.1     The Website may include third-party services or plugins. Your interaction with these services is subject to the privacy policies of the respective third parties.

  1. Modification of Services

20.1     We reserve the right to modify or discontinue any part of the Services at any time without notice.

  1. Force Majeure

21.1     We will not be liable for any failure or delay in performing our obligations under these Terms of Use if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, and acts of terrorism.

  1. Severability

22.1     If any provision of these Terms of Use is found to be unenforceable, the remaining provisions will remain in full force and effect.

  1. Entire Agreement

23.1     These Terms of Use constitute the entire agreement between you and Getha regarding the use of the Website and Services and supersede any prior agreements.

  1. Feedback

24.1     Any feedback you provide regarding the Website or Services is non-confidential and you grant us a worldwide, perpetual, and royalty-free license to use and incorporate such feedback into the Website or Services without any obligation to you.

  1. Subscription Plans

25.1     Subscription Purchase

25.1.1 By purchasing a subscription plan, you agree to pay the applicable fees as set forth on the Website.

25.1.2 All subscription fees are payable in advance and are non-refundable except as expressly provided in these Terms of Use or as required by law.

25.1.3 Your subscription will provide you with access to create and maintain a Profile Listing on the Website for the duration of the subscription period.

25.1.4 Prices and features of subscription plans are subject to change, and such changes will be communicated to you prior to your renewal date.

25.2     Subscription Renewal

25.2.1 Your subscription will automatically renew at the end of each subscription term unless you cancel it as described in Section 25.3.

25.2.2 You authorize us to charge your payment method on file for the renewal fees, unless you cancel your subscription before the renewal date.

25.2.3 We will notify you of any changes to the subscription fees or terms at least 30 days before the renewal date.

25.2.4 If we are unable to process your payment for any reason, your subscription will not renew, and your access to the Profile Listing will be suspended until payment is successfully processed.

25.3     Subscription Cancellation

25.3.1  You may cancel your subscription at any time by accessing your account settings on the Website or by contacting our customer service team at info@getha.org.

25.3.2 If you cancel your subscription, you will continue to have access to your Profile Listing until the end of your current subscription period, after which your access will be terminated, and your Profile Listing will be removed from the Website.

25.3.3 No refunds will be provided for the remaining period of a subscription after cancellation, except as required by law.

25.3.4 If you cancel your subscription within 7 days of the initial purchase, you may be eligible for a full refund, provided you have not utilized any significant features of the subscription plan.

25.4     Changes and Termination by Us

25.4.1 We reserve the right to modify or terminate subscription plans at our discretion. Any such changes will be communicated to you at least 30 days before they take effect.

25.4.2 If we terminate your subscription plan, you will receive a prorated refund for the remaining period of your subscription, unless the termination is due to your breach of these Terms of Use.

25.4.3 We reserve the right to suspend or terminate your subscription without notice if you violate any terms of these Terms of Use.

25.5     Account Information

25.5.1 You are responsible for maintaining accurate and up-to-date information in your account, including your payment information.

25.5.2 You must promptly update your account information if there are any changes to your contact details or payment information.

25.6     Promotional Offers

25.6.1 From time to time, we may offer promotional discounts or special offers on subscription plans. These offers are subject to additional terms and conditions and may not be combined with other offers.

25.6.2 Promotional offers are valid only for the specified time period and cannot be applied to previous purchases or renewals.

  1. Unclaimed Provider Listing Data

26.1    Use of AI Tools for Unclaimed Provider Listings

We may acquire information for unclaimed provider listings from publicly available data on provider websites using AI tools. This data is used to populate unclaimed provider profiles to enhance the usability and comprehensiveness of the Website.

26.2    Accuracy of Information

While reasonable efforts are made to ensure the accuracy of the information acquired and displayed, we do not guarantee that the information in unclaimed provider listings is complete, accurate, or current. We are not responsible for any errors, omissions, or inaccuracies that may arise from data processed by AI tools or displayed on the Website.

26.3    Provider Responsibility

If you are a provider and believe your unclaimed listing contains incorrect information, you are responsible for claiming and updating your profile through the Website. Instructions for claiming a listing can be found by contacting us at info@getha.org.

26.4    Limitation of Liability

To the extent permitted by law, we disclaim all liability for any inaccuracies, errors, or damages resulting from the use of AI-generated data in unclaimed provider listings. Users of the Website acknowledge that reliance on such information is at their own risk.

  1. Changes to Terms and Conditions

27.1    We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website or other communication to you. Your continued use of our services constitutes acceptance of the revised Terms and Conditions.

 

Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Getha
Suite 6B/33 Logan Rd, Woolloongabba 4102 QLD
info@getha.org