Find out how we collect and use your information
Access Care Australia Pty Ltd trading as ‘The A List’ is one of Australia’s leading providers of web based services to the disability sector including, but not limited to, being a provider of a marketplace and information on disability issues.
The A List is committed to assisting autistic people and people with disabilities. The A List is routinely required to collect and use individuals’ personal and sensitive information to ensure delivery of appropriate, timely and quality services.
In line with our values, The A List respects and upholds individuals’ rights to privacy and rights in respect of their personal information. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines (Privacy Laws), and this Privacy Policy sets out how we collect, use, disclose and otherwise manage personal information about you.
Purpose for collection of information
The personal information that we collect and hold about you depends on your interaction with us. Generally, we will collect, use and hold your personal information if it is reasonably necessary for or directly related to the performance of our functions and activities and for the primary purposes of:
In addition to the primary purposes listed above, we may also collect, use and hold your personal information for the following secondary purposes:
Information we collect, use and store
Types of information collected
We may collect and hold personal information about you, that is, information that can identify you, and is relevant to providing you with the services you are seeking. In particular, we may collect:
We may also collect and hold sensitive information about you, including your health information such as your accessibility requirements (for example auslan and visual aid requirements), or any other details requested by us when setting up your account on the platform, including if applicable, the following:
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Except as otherwise permitted by law, we only collect sensitive information about you if you consent to the collection of the information and if the information is reasonably necessary for the performance of our functions, as set out above.
Method of collection
Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet (for example via web forms, event registration webpages, and social media websites) via email, through a telephone conversation with you, or in person at expos, forums and support groups. There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.
In some instances, such as details of your use of our website from our analytics and cookie providers, where it is reasonable to do so, we may rely on the third party from whom we collect your personal information to inform you that your information has been shared with us.
Consequences if personal information is not collected
The A List is committed to providing its clients with the very best services to improve their quality of life and to provide information to you and your support network.
The A List uses your personal information to improve our services to some of the most vulnerable groups in the community.
If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the platform or, services you, or they, are seeking.
Disclosure of personal information to others
Disclosure of your personal information to The A List places The A List in a position of trust and as such we seek to protect and uphold the privacy of individuals in accordance with the Privacy Laws. Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above). We may disclose personal information about you to:
In all other situations, we will only disclose your personal information with your consent or where relevant, the consent of a person that can provide consent on your behalf under the Privacy Act 1988 (Cth).
Notwithstanding the above, as The A List client you have the right to withdraw consent to disclose your personal information at any time by contacting us at the details below.
Keeping information up to date and accurate
We recognise that at times your personal information may change and we rely on you to update your personal information so as to ensure the accuracy of the information held. You may access the personal information we hold about you, upon making a written request to us at the details below. We will respond to your request within a reasonable period. We may charge you a reasonable fee for providing access to information (but not for making the request for access).
We may decline a request for access to personal information in circumstances prescribed by the Privacy Laws, and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).
If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.
Data Security
The A List strives to ensure the security, integrity, and privacy of your personal information. Periodically we review and update our security measures in relation to current and future technologies. Systems and procedures are already in place to protect your personal information from interference, misuse and loss and from unauthorised access, modification or disclosure, including electronic and physical security measures. While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the internet. The transmission and exchange of information is carried out at your own risk.
The A List will retain information in line with relevant laws. When information is no longer required or relevant it will be de-identified or destroyed in accordance with relevant laws.
Website cookies
If you access our website, we may collect personal information about you in the form of your IP address and domain name.
A “cookie” is a small file supplied by a website and stored by the web browser software on your computer when you access a website. The cookie allows a website to recognise you as an individual as you move from one page to another. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of the Website.
Links to other websites
Our website, the platform and services may contain links to other websites. We do not have any control over those websites and are not responsible for the privacy practices of linked websites. Linked websites are not subject to this Privacy Policy.
Electronic Mailing Lists
To be kept informed of informational, marketing or promotional content (e.g. The A List latest news or marketing materials), individuals and businesses may subscribe to our electronic mailing lists on our website. We do not under any circumstances, sell these lists, or share these lists with any other party, unless required by law. Only authorised employees or contractors engaged by The A List have access to view this information.
Should individuals or businesses not wish to continue receiving such communication from The A List (i.e. they wish to unsubscribe from the electronic mailing list) or update their subscription preferences, our emails will contain instructions on how to do this (e.g. by clicking the unsubscribe link provided at the bottom of our emails, or simply reply to one of our emails with the word unsubscribe in the subject line). Alternatively, you can unsubscribe at any time by sending an email stating your request to: hello@alisthub.com.au. We will try to comply with your request as soon as reasonably practical.
Privacy concerns, complaints and suggestions
The A List agrees to comply with the Privacy Laws and protect the individual’s right to privacy. If you have any concerns, questions or suggestions as to how we might improve in this area please contact us at the address below.
If you wish to make a complaint, please contact us using the details below and we will take reasonable steps to investigate the complaint and respond to you.
We aim to respond to your concerns or suggestions within five working days.
For more information about privacy in general, you can visit the Office of the Information Commissioner’s website at www.oaic.gov.au.
If after you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner.
If after that you are still not satisfied, you can complain about a privacy matter to the Office of the Australian Information Commissioner. To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.
Amendments
The A List may amend this Privacy Policy at any time. Amendments to this Privacy Policy will be posted to The A List’s website and will be effective when posted. Please check our Privacy Policy regularly for updates and amendments.
Further Questions
Any questions about this Privacy Policy can be directed to hello@alisthub.com.au
Last updated: as at 3 August 2021
If you are a User, you accept these Terms by registering on the Platform or by using the Platform. If you are a Provider, you accept these Terms by signing and returning these Terms to us, by registering on the Platform or by using the Platform.
You must be 14 years and older to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
We may amend these Terms at any time. We agree to provide written notice to you for any material amendments to these Terms. By continuing to use the Platform after the notice of any material amendments to these Terms or 30 days after notification (whichever date is earlier), you agree to the material amendments to these Terms. If you do not agree to the material amendments to these Terms, you may terminate these Terms in accordance with the cancellation clause.
Providers must register on the Platform and create an account (Account) to access the Platform’s features.
You must provide basic information when registering for an Account including your contact name, email address and phone number. If you are a Provider, you agree to provide your business details, including your Australian Business Number. If you are a User, you agree to provide information requested by us regarding your health, as further set out in our privacy policy. You must choose a username and password.
Once you have registered an Account, your Account information will be used to create you’re A List Profile.You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Provider, we will review your request for an Account before approving the request. We may request additional information, including your NDIS Provider Number, a state-based Working With Children Check clearance or a National Police Check, and we may request that you provide us with a copy of the state-based Working with Children Check clearance or a National Police check each year. If you do not provide us with the information we reasonably request, we may refuse to create an Account for you, or we may immediately cancel your Account. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
If you are a Provider, when you create an Account, you may also select a subscription (Subscription). You may choose between different types of Subscriptions, and these types are further described on our Platform.
Providers wanting to offer Social Activities and provide Support Services create an Account on the Platform and post an accurate and complete description of the Social Activities and or Support Services they can provide including (but not limited to) their experience, adjustments made for autistic people, the level of support provided, the cost, relevant age group and dates the Social Activities or Support Services are generally available (Provider Listing). A Provider may also set out additional terms and conditions in relation to the Support Services.
A User wanting to engage a Provider creates an Account on the Platform where they wish to book and pay for a Provider’s Social Activities or Support Services.
Where available, a User may book a Social Activity or access Support Services described in a Provider Listing by entering their details and making payment through the Platform (Booking).
By accepting a Booking, the Provider confirms that it is legally entitled to and capable of supplying the Social Activities and or Support Services described in the Booking Details.Providers are responsible for ensuring that all additional terms and conditions relating to their Social Activities and or Support Services are provided to the User. By making a Booking, a User is accepting the additional terms and conditions of the relevant Provider. To the extent there is an inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.
Users and Providers are free to communicate privately using our chat messaging service or offline using the listed contact details available on the Platform.
If you are a Provider that is offering their Social Activities and Supports for sale on the Platform, you agree to not directly or indirectly solicit, approach or engage with a User outside of the Platform in a way that the Activity Fees would not be paid through the Platform.
If you are a User, you agree to pay the relevant fees set out in the Provider Listing (Activity Fee) when a Booking is made with a Provider using the Platform. Upon receipt of the Activity Fees from the User, we may hold the Activity Fees on behalf of the Provider until such time as they are paid to the Provider, refunded to the User (if the User is entitled to a refund in accordance with this Terms) or paid to us as our Service Fee. In such a case, will pay the Activity Fees to the Provider within a reasonable time after the end of the month, minus our Service Fee, for all completed Bookings that have taken place that month.
If you are a Provider, you appoint us as your limited payment collection agent solely for the purpose of accepting the Activity Fees from the relevant User, and you authorise us to invoice the User the Activity Fee, on your behalf. You agree that we will not be required to pay you any amount until we have received the Activity Fees from the relevant User, that we will deduct our Service Fee from any Activity Fees we receive.
If you are a User, you acknowledge and agree that any invoice sent by us for the Activity Fee, is an invoice sent to you, on behalf of the Provider.
If you are a Provider that has purchased a Subscription, once you have created an Account and chosen a Subscription type, you agree to pay the Subscription fee set out on the Platform (Subscription Fee) to access and use the Platform for the specified subscription period (Subscription Term).
To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.
The Subscription Fee will be charged upfront for the Subscription Term on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your subscription began on a day not contained in a given month.
If you do not cancel your Subscription in accordance with the cancellation clause below, it will be renewed for another Subscription Term at the end of your current Subscription Term.
You may upgrade your Subscription to another at any time.
The upgrade to your Subscription will be effective immediately and you will be charged the pro-rata Subscription Fee for your new Subscription.
You may cancel your Subscription at any time.
The cancellation will apply to the next Subscription Term if you cancel your Subscription at least 5 business days before the next Payment Date.
If you cancel your Subscription less than 5 business days before the next Payment Date, you will be charged the Subscription Fee on the next Payment Date and the cancellation will become effective the next Subscription Term.
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method may be subject to additional terms and conditions imposed by Stripe. By making payment through a third party payment processor, including Stripe you accept the applicable terms and conditions.
All Providers must set up their own Stripe account and cover their costs in order to set their Stripe account up and maintain their Stripe account.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
The cancellation, or refund of any Social Activities and or Support Services ordered on this Platform is strictly a matter between the relevant User and Provider. The terms and conditions agreed to between the User and the Provider must be communicated by the Provider to the User.
For disputes between Users and Providers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
Users may review their experience with the Provider on the Platform, including the Social Activities and or Support Services (Review). Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review, however we may request a Provider’s confirmation prior to publishing a Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a Provider if you have had an experience with that Provider, which means that (1) you have engaged the Provider; or (2) you can otherwise document your interaction with the Provider in relation to the Platform, including via correspondence (collectively referred to as a User Experience). Your User Experience must have occurred in the 12 months prior to you writing a Review.
You may only write about your own User Experience. You are not permitted to write a Review about somebody else’s experience.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform. Content
We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (The A List Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a User, the Social Activities and or Support Services provided by a Provider may also confer on you certain rights under the ACL. This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
Despite anything to the contrary, to the maximum extent permitted by law:
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time.
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
These Terms will terminate immediately upon written notice by you, if we:
Upon expiry or termination of these Terms:
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, or a Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Online execution: These Terms may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks; domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Email: nicole@mycarespace.com.au
