Terms and Conditions

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.mydisabilitymatters.news and all other websites operated by My Disability Matters Pty Ltd (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

For the purposes of this document My Disability Matters Pty Ltd operates the following websites:

https://mydisabilitymatters.news
https://mydisabilitymatters.club

And a reference to My Disability Matters Pty Ltd includes its directors, employees, shareholders, agents and servants and specifically includes Dale A Reardon and Joanne T Reardon.

A reference to products and services includes courses offered for sale by My Disability Matters Pty Ltd, and also any information, news or opinion contained on any website or within any membership website or social networking platform or discussion forum operated by My Disability Matters Pty Ltd.

My Disability Matters Pty Ltd is also referred to as the company in this document.

 

Our Services

Our Websites offer the following services: social networking platform also known as The MDM Club, discussion forum, user generated blog, consulting, coaching, webinars, email tips and advice, affiliate promotions, marketing advice, business formation advice and consulting, business and marketing strategies, web hosting, web design, email marketing campaigns, promotional advice and consulting, information products, information courses, video training, web design advice and training, website creation advice and training. In addition we offer news, opinion, commentary and discussion regarding disability issues and the NDIS in Australia. We also operate discussion forums, blogs with comments and other interactive components. We accept the submission of user generated content on these sites.

 

Definitions

The terms “us” or “we” or “our” refers to My Disability Matters Pty Ltd (ABN 30614916282) the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services either on a free or paid basis. The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

The term Lifetime in relation to a course being sold means the lifetime of the course being sold and we can cease online access at our discretion, but is guaranteed to mean a minimum of 12 months from the time you purchase the course. If online access to the course is going to be closed down, then you will be given at least 30 days notice of this, and given the opportunity to download all course materials. If software or plugins for WordPress on your blog or website are provided as part of your product or service then you shall have ongoing use of that plugin or software for at least 12 months after your purchase and any longer period beyond 12 months at our absolute discretion.

 

Acceptance of Agreement

This Agreement is between you and My Disability Matters Pty Ltd.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE it FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and My Disability Matters Pty Ltd, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. The following documents are all incorporated into this agreement:

  • Privacy Policy
  • Disclaimer
  • Earnings Disclaimer
  • Affiliate Agreement

and any other policy listed on our Legal Terms and Disclaimers page and the legal terms page on the My Disability Matters Club site. You should review all documents listed or linked to from those pages as they are all incorporated into this document and agreement.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement by continuing to use our sites, products or services. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

 

Limited License

My Disability Matters Pty Ltd grants you a non-exclusive, non-transferable, revocable license to access and use our Website and products and Services strictly in accordance with this Agreement. Your use of our Website and products and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Access to the WebSite

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. We make no representations, warranties or assurances as to the availability of the Site.

 

Restrictions on Use

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. You may not share your membership access details (username, password etc) with any other person and you may not allow any other person to access our site using your membership details. This includes work colleagues and business partners. If you require a group business membership to include all business employees then please contact us to organise a group membership.

Without limiting the generality of the foregoing, you may not:

  1. include such content in or with any product or service that you create or distribute;
  2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  3. copy such content onto your or any other Web site or publication without the express written permission of the company; or
  4. direct any other person to do any of the foregoing.

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.

 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

 

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and My Disability Matters Pty Ltd.

 

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of My Disability Matters Pty Ltd.

Our Content, as found within our Website and products and Services, is protected under United States, Australian and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and products and Services does not grant you any ownership rights to our Content.

 

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, or email that contains the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on our Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  7. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

 

Eligibility and Registration for Membership

To use our products and Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.

Any registration by, use of or access to our Website by anyone under such age, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and abide by all of the terms and conditions of this Agreement. My Disability Matters Pty Ltd has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a username and password that will allow you to access our products, courses and Services. You agree to maintain the confidentiality of your username and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your username and password.
You agree to immediately notify us of any unauthorized use of your username and/or password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

It is your responsibility to ensure that the information you provide as part of your member details is accurate and not misleading. You must update and maintain the correctness of your membership details and payment details at all times. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.

 

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of My Disability Matters Pty Ltd. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

 

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

 

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and My Disability Matters Pty Ltd or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or products and Services.

 

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS or links to third party websites DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY My Disability Matters Pty Ltd AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

 

Merchant and Advertisement Disclaimer

We may allow access to, link to, or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

Warranty Disclaimer

My Disability Matters Pty Ltd is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by My Disability Matters Pty Ltd. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. My Disability Matters Pty Ltd is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. My Disability Matters Pty Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

My Disability Matters Pty Ltd is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provided through our Website or products and/or Services.

Under no circumstances will My Disability Matters Pty Ltd be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

My Disability Matters Pty Ltd reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. My Disability Matters Pty Ltd, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. My Disability Matters Pty Ltd CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. My Disability Matters Pty Ltd DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND My Disability Matters Pty Ltd. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Limitation of Liability

My Disability Matters Pty Ltd, as well as all our Affiliates, directors and employees shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

IN NO EVENT WILL My Disability Matters Pty Ltd OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF My Disability Matters Pty Ltd IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, My Disability Matters Pty Ltd’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. My Disability Matters Pty Ltd is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, My Disability Matters Pty Ltd will submit all necessary information to the proper authorities.

If any Member Content is reported to My Disability Matters Pty Ltd as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by My Disability Matters Pty Ltd. Should the Member fail to meet such a request, My Disability Matters Pty Ltd has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

The provisions regarding member content shall also apply to any content posted by a member in any Facebook Group operated by My Disability Matters Pty Ltd, insofar as the rules of Facebook enable or permit such provisions to apply.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

1) upload, post or otherwise transmit any Member Content that:

a. Violates any local, state, federal, or international laws.
b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable or offensive.
d. Links directly or indirectly to any materials to which you do not have a right to link.
e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
f. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
i. In the sole judgment of My Disability Matters Pty Ltd, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose My Disability Matters Pty Ltd, our affiliates, or our Users or other members to any harm or liability of any type.

2) use our Content to:

a. Develop a competing website.
b. Create compilations or derivative works as defined under United States or Australian copyright laws.
c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Website, Services, and any related software.

4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Without limiting the generality of the foregoing we may use any member content from the My Disability Matters Club site, including blog posts, to promote the site, either on other websites owned by the company or any other third party site, without compensation to you. Any member content may be included in emails sent by us or used to promote and advertise our websites without compensation to you. Any member content submitted to the MDM Club including blog posts, may be used by us on the mydisabilitymatters.news site or in member emails without any compensation to you.

 

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.

 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information or other PII.

 

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

 

Links to Other Websites

Our Website, products and services, may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website, or in a product or service, does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. My Disability Matters Pty Ltd has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

 

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

Refund and Return Policy

To the extent that you purchase any goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. Such request for a refund must occur within 30 days of the original purchase and membership creation date. Any refund or return may be subject to restocking fees as found on our Website. If you received any software or website plugin as part of your purchase, we may require the software or plugin to be permanently deleted, and the license removed, from your computer or website, before the refund is made. Once your refund is processed your membership to our website will be cancelled and you will no longer have access to the product, course or service refunded. All sales of MDM Club memberships or upgrade packages are final and refunds are not permitted and will not be granted.

Membership Cancellations

You may cancel your website membership and future payment authority at any time prior to the next billing date, except for direct debit payments from bank accounts which require 7 days notice to cancel. If your notice of cancellation does not give us adequate time to cancel your next payment we will refund that payment and cancel future payments provided we received notice prior to the billing date.

 

Payment Chargebacks

If you dispute a credit card or Paypal payment or any other form of payment, which had been used to gain website and membership access, then your access to that product, course or service will be cancelled and you must immediately delete all software and website plugins associated with that payment and deactivate their licenses. If you institute a payment dispute or credit card chargeback then you will be liable for any costs and fees that we become liable for.

 

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or products and/or Services.

 

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Services or products, use of our website and associated memberships excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration Act of Tasmania. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Hobart, Tasmania, Australia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Hobart, Tasmania necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs regardless of the outcome.

 

General Terms

This Agreement shall be treated as though it were executed and performed in Hobart, Tasmania, Australia and shall be governed by and construed in accordance with the laws of the State of Tasmania, Australia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

 

Payment Plans for Payment

If you purchase a product or service from us utilising a payment plan for payment, you are required to complete all payments. A payment plan is to be treated as paying the total price through installments. A payment plan will process payments every month until the total price and number of payments is made in accordance with the payment plan agreement.

If your credit card expires or your payment method is otherwise invalid, your access to the relevant membership area will be suspended until your payment in arrears is rectified. It is your responsibility to keep your payment method and details current through Paypal or the members area, as the case may be.

 

Product & Service Pricing

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayment made by you (as applicable).

We reserve the right to alter all product and service pricing without notice.

We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

All sales and payments are final and non-refundable unless within our 30 day refund period outlined above.

 

Links To Our Website From Third Party Websites

If you are interested in creating hypertext links to this Site, you must contact COMPANY before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or COMPANY, including its respective employees, agents, directors, officers and shareholders.

COMPANY is not responsible for the content or practices of third party web sites that may be linked to this Site and makes no representation or warranty regarding such web sites or their content. This Site may also be linked to other web sites operated by companies affiliated or connected with COMPANY. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

 

Currency

All transactions regarding our products and services take place in AUD, Australian Dollars. When making payment your financial institution, credit card company or payment provider may charge you a foreign currency transaction fee depending on your personal payment currency. Company is not responsible for credit card or bank fees that you may incur through using your nominated payment method.

The user or member acknowledges and agrees that no representation has been made by us, or our agents, servants or employees or directors, OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE or any website operated by My Disability Matters Pty Ltd.

 

Additional Disclaimer of Warranties

Except as expressly provided otherwise, COMPANY disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. COMPANY disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from COMPANY (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

Some states and legal jurisdictions do not allow the exclusion of implied warranties, so some or all of these exclusions may not apply to you.

This Agreement shall be binding upon and inure to the benefit of My Disability Matters Pty Ltd and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of My Disability Matters Pty Ltd. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by My Disability Matters Pty Ltd to any affiliated entity or any of its wholly owned subsidiaries or a purchaser of My Disability Matters Pty Ltd or any of its websites or businesses.