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Your Ability Terms of Use and the user of this website (“You” or “Your”) 

Your Ability Terms of Use outlined below (Agreement) oversee Your use of Your Ability website found at www.yourability.com.au (Your Ability) and create a binding contract between Your Ability and You in relation to Your use of Your Ability.

Read all of the following Contract cautiously before using Your Ability. Contact us with any questions prior to agreeing by email at legal@yourability.com.au By using Your Ability, You agree and admit that You read and fully comprehend the Contract and agree to be bound by the Contract.

1. General requirements of using Your Ability

  • 1.1 Your Ability is accessible to You on the terms and conditions of this Contract.
  • 1.2 You can use Your Ability in agreement with this Contract, including the licence established in clause 3.
  • 1.3 If you find any material on Your Ability which:
    • (a) interferes with any standard, regulation, law or related industry code.
    • (b) violates the conditions of this Agreement; or
    • (c) is false, contact us via email, legal@yourability.com.au
  • 1.4 Your Ability encloses content produced by third parties (eg. not by Your Ability), other material acquired from public sources and links to other websites (such websites and content together, Third Party Content). Aside from as otherwise specified, Your Ability does not endorse any businesses or organisations profiled on Your Ability. Any Third Party Content or the products or services presented by any business or organisation profiled on Your Ability.
  • 1.5 Computerised entry to Your Ability by or on behalf of internet search engines is accepted.
  • 1.6 Subject to Clauses 1.5, You must not:
    • (a) enter Your Ability other than within the normal Your Ability web interface.
    • (b) enter Your Ability via any automatic method (including, without limitation, via the use of webcrawlers or scripts).
    • (c) use Your Ability if You have formally been forbidden from using it, any other Your Ability advertised website.
    • (d) disobey the intellectual property rights of others.
    • (e) mimic or misleadingly state or take an affiliation with any person or organisation.
    • (f) use Your Ability or any information enclosed on Your Ability in relation with any spamming, junk email, chain letters, pyramid schemes, contests, surveys or any similar activity.
    • (g) infringe (or cause Your Ability to violate) any related law, standard, regulation or related industry code.
    • (h) exploit, trade, duplicate, reproduce, resell or sell for any commercial reason any part of, use of, entry to or data on Your Ability which doesn’t form part of Your Business Profile; or
    • (i) provide any service through Your Ability, other than via off-line commercial activity created by the Business Profile for Your own business or organisaiton (being action which is taken place off Your Ability website or off the internet).
  • 1.7 You agree and admit that Your Ability holds complete editorial power over Your Ability and that Your Ability may, in its solitary discretion and without notice to Your:
    • (a) amend, delete, remove or reject any material held on Your Ability or in the Database at any time, as well as (without limitation) any material held in any Business Profile.
    • (b) amend, delete, remove, refuse or reject any Content at any time.
    • (c) arrange Content and/or any Business Profile as Your Ability sees fit; and
    • (d) specify other circumstances to safeguard that the commercial nature of Content is clear.
  • 1.8 Your Ability holds the right to disable, discontinue or modify Your Ability or any part of Your Ability (on a temporary or permanent basis) at any time.
  • 1.9 Your Ability can terminate this Agreement, subtract Your Account or any Content posted by You and/or decline You entry to Your Ability if You have disobeyed, or Your Ability believe that You will disobey, the Agreement or for any other purpose that Your Ability, in its sole judgement, sees fit.
  • 1.10 You recognise and agree that specific listings on Your Ability have been purchased for by an organisation or business and will therefore be presented before free listings in the related search results.

2. Listings and Reviews

  • 2.1 You can use Your Ability to insert, modify and/or update a listing or a review, exclusively on the terms and conditions of this Agreement.
  • 2.2 All Content is obligated to:
    • (a) be finished and precise.
    • (b) be provided in the method and configuration specified on Your Ability or as else specified by Your Ability.
    • (c) not be of a quality likely to bring Your Ability into disrepute; and
    • (d) obey with all laws, standards, regulation and applicable industry codes.
  • 2.3 You must not:
    • (a) use Your Ability to post Content for an organisaiton, department or business that is not situated in Australia.
    • (b) use Your Ability to alter or add a listing where You do not have the express approval of that organisation, department or business to do so
    • (c) post, upload, publish, transmit or otherwise make available any Accessible Content that You do not have a right to make obtainable under any law, rule, regulation or code or under contractual or other legal relationships.
    • (d) post, upload, publish, transmit or otherwise make available any misleading, false, profane, inappropriate, defamatory, threatening, abusive, indecent, obscene or unlawful Content or Accessible Content.
    • (e) infringe the intellectual property rights of others; or
    • (f) disobey a law including, without limitation, any law that restricts advertising of a profession.
  • 2.4 If any of the information in the listing or display advertising for Your organisation, department or business changes, becomes out of date, or no longer abides with this Agreement, You must:
    • (a) instantly alter Your listing or display advertising so that it complies with this Agreement; and/or
    • (b) instantly notify Your Ability via our Contact form found on this website.
  • 2.5 You accept and agree that by posting Content onto Your Ability You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact consists receiving information about products or services which we think might interest You from Your Ability or any authorised third party.
  • 2.6 You are required to provide Your Ability with a copy of the agreement described in clause 2.3(b) on request.

For further information about Your Abilities Ratings, Reviews and Comments, please visit Your Ability Frequently Asked Questions (FAQ) at the base of this website.

3. Intellectual Property Rights

  • 3.1 Your Ability and the Database are owned and operated by Your Ability. You agree and accept that all intellectual property rights encompassed in or relating to Your Ability and the Database belong to Your Ability or our licensors, and that nothing in the Agreement represents a transfer of any intellectual property rights.
  • 3.2 You may view and download content and/or print a copy of material on Your Ability for Your own use only, as long as You do not:
    • (a) alter the content (including, without limitation, any copyright notice) in any way;
    • (b) make the content public; or
    • (c) use the content in a way or for a reason prohibited by this Agreement.
  • 3.3 You must not do anything which betrays or otherwise obstructs with Your Abilities intellectual property rights. Apart from as expressly permitted by this Agreement or by law, You may not duplicate any content appearing on Your Ability without our written permission and, if needed, payment of a stipulated fee. Applications to reproduce any content may be made via the Contact Your Ability webpage.
  • 3.4 We could communicate and publish to the public any Content. By posting Content onto Your Ability, You grant us a royalty-free, perpetual, non-exclusive, worldwide, irrevocable and transferable licence to:
    • (a) modify, add to, reproduce, publish, copy, communicate and adapt the Content for any reason and in any manner anywhere in the world, including (without limitation) on Your Ability and as part of the Database; and
    • (b) authorise any other person to do any of the things mentioned in paragraph (a), (Licence).
  • 3.5 You must surrender, and must guarantee that all other persons surrender, irrevocable and absolutely all moral rights in relation to any Content. For the reasons of this clause 3.5, a moral right may be surrendered by permitting to any omission or act which would otherwise constitute an infringement of that moral right.
  • 3.6 For the prevention of doubt, You acknowledge and agree that:
    • (a) the Licence includes a right for us to:
      • (i) make the Content accessible to other organisations, companies or individuals with whom we have an association for the provision of services and to use such Content in the provision of those services.
      • (ii) make the Content accessible to the public via any website or as part of any products or services in any jurisdiction.
    • (b) we will permit Your Ability users to search Content You have posted; and
    • (c) You will do everything required (including without limitation, on appeal, execution of any documents) to give Your Ability the full benefit of the waivers, licences and consents set out in this clause 3.
  • 3.7 The licence will survive any termination of this Agreement.
  • 3.8 Your use of some Third Party Content (including, without limitation, third party websites linked to Your Ability) may be subject to a third party’s terms and conditions of use. Nothing in this Agreement (or otherwise on Your Ability) forms a licence or right for You to use such content.

4. Privacy

  • 4.1 Any personal information gathered by Your Ability will be dealt with in accord with the Your Ability Privacy Policy.
  • 4.2 You agree (and must obtain that any applicable third party consents) to the use of any personal information composed in relation to You (including, without limitation, any personal information contained in Content) in agreement with the Your Ability Privacy Policy. If You incorporate any personal information about any individual in any Content, You must:
    • (a) present that individual with a copy of the Your Ability Privacy Policy before providing us with that personal information; and
    • (b) where feasible, have that individual supply us with that personal information directly.

5. Warranties

  • 5.1 You represent and warrant to Your Ability that:
  • (a) You are fully authorised to publish and to authorise Your Ability to publish all Content (including, without limitation, having full authorisation from any business or organisation whose account You add, amend or update).
  • (b) You have the legal competence and are least 18 years of age to enter this Agreement.
  • (c) publication of Accessible Content in agreement with this Agreement will not, at any time, infringe any moral right, intellectual property right or any right of confidence or other right of any individual.
  • (d) You have the ability to permit the Licence.
  • (e) all Accessible Content will, at all times, abide with all applicable regulations, laws and relevant industry codes.
  • (f) all products and services advertised in Accessible Content will correspond the promoted description, and be obtainable in the manner, at the price and for the time period promoted.
  • (g) the Accessible Content does not, and will not at any time, infringe any moral right, intellectual property right or other right of any person or any right of confidence.
  • (h) You have attained the consent of all persons whose personal information is incorporated in the Content to:
    • (i) the gathering of that personal information by Your Ability; and
    • (ii) the disclosure and use of that personal information in agreement with the Your Ability Privacy Policy.
  • (i) all Accessible Content will be recent and correct, and will not deceive or mislead end users of Your Ability; and
  • (j) each website signified by any URL embedded or shown in the account profile for Your business or organisaiton:
    • (i) is operated or controlled by Your business or organisation or its independent contractor.
    • (ii) will be accessible and operating at all times; and
    • (iii) is appropriate in all respects, including (without limitation) subject matter, to be linked to Your Ability.

6. Liability

  • 6.1 To the full degree permitted by law and subject to clause 6.4, Your Ability excludes all terms and condition, warranties, representations, whether express or implied (and including, without limitation, those implied by law, custom, statute or otherwise), except as expressly set out in the Agreement.
  • 6.2 Your Ability is offered “as is”, and You agree and acknowledge that Your Ability has no control over Third Party Consent and that Your use of Your Ability (including, without limitation, all material acquire from or linked to Your Ability) is at Your sole risk. Nothing on Your Ability constitutes the giving of financial or other advice,. You should get professional qualified advice before acting on the basis of any information on Your Ability.
  • 6.3 To the full extent permitted by law, Your Ability excludes all liability to You for any loss or damage (including without limitation, consequential loss or indirect, loss of profits) however caused (including, without limitation, loss or damage arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
    • (a) Your reliance on, or use of, Your Ability (or information linked to or contained to Your Ability).
    • (b) any exchange You have with any business or organisation displayed on Your Ability.
  • 6.4 Certain legislation may imply conditions or warranties or impose obligations which cannot be restricted, excluded or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which Your Ability is entitled to do so, Your Ability limits its liability in respect of any claim under those provisions:
    • (a) the delivery of the services again; or
    • (b) the payment of the cost of having the services delivered again.
  • 6.5 You hereby hold harmless and indemnify Your Ability and its employees, officers and agents from and against any costs, expense, damage, loss or liability (including, without limitation, legal expenses on a full indemnity basis) and penalties suffered or incurred by any of them arising out of:
    • (a) Your breach of this Agreement, including (without limitation) a warranty in clause 5.
    • (b) any act of wilful misconduct or fraud by or on behalf of You; and
    • (c) the use of or publication, or any omission or act in relation to, the Accessible Content including, without limitation, agreements or warranties, misleading or deceptive conduct and any failure to comply with or fulfil any representations, trade mark infringement, copyright infringement, rights of publicity and/or privacy, injurious falsehood, contempt of court, negligent misstatement or claims brought by any third party relating to defamation.

7. General

  • 7.1 We might provide You with notices by posting content on Your Ability, mail or email.
  • 7.2 You should carefully read and agree to this Agreement each time You use Your Ability. Whilst Your Ability hopes not to have to change this Agreement, it is thinkable that changes maybe needed occasionally. By using Your Ability (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
  • 7.3 Your Ability might allocate this Agreement supplied that the relevant assignee undertakes to perform all of Your Ability obligations herein. Subject to the foregoing, neither party may assign this Agreement in part or in whole.
  • 7.4 The indemnities in the Agreement are:
    • (a) ongoing responsibilities of the parties, independent and separate from their other responsibilities and survive termination of this Agreement; and
    • (b) unconditional and absolute and unaffected by anything that might have the effect or discharging, releasing, prejudicing or affecting in any other way the liability of the party giving the indemnity.
  • 7.5 This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and waive, without limitation, any objection or claim based on absence of inconvenient forum or jurisdiction.

8. Definitions

In this Agreement:

Your Ability means Your Ability (ABN 90 871 914 130), Victoria, Australia.

Content means all content posted by You onto Your Ability including, without limitation, all reviews, URL’s, photographs, icons, graphics and text.

Accessible Content means all Content and all related content on sites to which URL’s confined in Your Content are linked.

Account means a business or organisation profile in the Database. An Account may contain information about the organisation or business, for example, contact details.

Database means the national database of Accounts which is gathered by Your Ability and made accessible to the public via the online directory on Your Ability.

Review means a comment or review which You insert to Your Ability in relation to any Account or associated product or services.