Terms of Use - The Neurodiversity Network

TERMS OF USE

Our Terms of Use are valid from 1 July 2023.

All terms in bold typeface are defined in the Definitions section located at the end of this page.

Our Terms of Use set out the basis on which You agree to access and use the Website and/or Online Services (collectively referred to as the ‘Services’).

Application
1. Access to and use of the Services are subject to:
  1. these terms and conditions;
  2. Our Privacy Policy; and
  3. any additional terms and conditions, disclaimers or notices displayed on Our Website from time to time (Additional Terms),

(collectively, Our Terms of Use).

1. You agree to read and comply with Our Terms of Use. By accessing and using the Services, You will be deemed to have accepted and be bound by Our Terms of Use, as updated from time to time. If You do not agree to these Terms of Use, or any changes to them, do not access or use the Services.
2. By accessing and using the Services, You warrant that you have the authority of any entity on whose behalf You represent or purport to do so to legally bind that entity to Our Terms of Use. You must inform any entity You represent of these Terms of Use and its responsibilities under Our Terms of Use.
Changes to the Terms of Use
1. We may change the Terms of Use from time to time by publishing an updated version to Our Website.
2. Subsequent or continuing access and use of the Services will constitute acceptance of any changes to the Terms of Use.
Registration
1. We may require You to register an account with Us in order to access some parts of the Services.
2. You are solely responsible for the use of Your user account, and must ensure that You keep all passwords secure. You will be responsible for any access to the Services using Your user account, even if that access is by another person.
Access and Availability
1. Access to Our Services depends on telecommunications and internet service providers, third parties and other external factors and we do not guarantee the availability of Our Services at all times or at any specific times.
2. We may temporarily suspend Your access and use of the Services:
  1. for the purpose of planned maintenance or upgrade notified to You in advance, or without notice if emergency maintenance is required;
  2. if illegal use of the Services occurs or is reasonably suspected; or
  3. if We reasonably consider that temporary suspension is necessary for the proper operation of the Services.
3. We may suspend, terminate or limit Your access to and use of all or part of the Services at any time if You breach Our Terms of Use.
4. You acknowledge and agree that We may:
  1. monitor use of the Services by You, including to verify that the Services are being accessed and used in accordance with Our Terms of Use;
  2. modify, discontinue, or disable all or part of the Services, on either a permanent or temporary basis, at any time and with or without notice to you; and
  3. notify You of any changes to Our Services through information and notices posted on Our Website.
5. Our Terms of Use apply in all respects to functions or other aspects of Our Services that are changed or added at any time.
Use

No Unlawful, Infringing or Offensive Activity

1. You must not post, transmit to or via the Services any information or content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards (collectively, unlawful, infringing or offensive activity). You must not permit or enable another person to do any of those things.
2. Examples of unlawful, infringing or offensive activity includes, but is not limited to, content or material that:
  1. is false or misleading, abusive, threatening, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy;
  2. is an infringement of the intellectual property rights of another party;
  3. is not owned by You;
  4. may encourage criminal activity;
  5. contravenes any applicable laws, regulations, codes and standards;
  6. disturbs or damages Our Website, Online Services or its Content;
  7. damages Us or Our reputation; or
  8. otherwise breaches Our Terms of Use.
3. You must not transmit any advertising, promotional materials, or similar materials without Our express written permission.
4. We may withdraw or alter any content or material You provide Us for display on Our Website at our absolute discretion, including, without limitation, if We:
  1. consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of Our Terms of Use or any law or third party’s rights; or
  2. are instructed to do so by any third party.

No Viruses or Other Interference

1. You must not transmit to or via the Services any virus or any other information or material or otherwise use the Services in a way which:
  1. tampers with, interferes with or hinders the use or operation of, or makes unauthorised modifications to the Services;
  2. inhibits any other user from using the Services; or
  3. violates the security of the Services or accesses any other unauthorised areas of the Services.

Indemnity

1. You agree to indemnify Us from and against any and all losses, damages, costs, expenses and other liabilities that We may suffer or incur as a result of, arising out of or in connection with any breach of clause 5.
Liability
1. To the maximum extent permitted by applicable law, We exclude and do not make or give any express or implied representations, conditions or warranties in relation to the Services or Your use of them. Without limitation, We do not warrant that the Services and/or Your access to the Services will be continuously available, uninterrupted, timely, secure, free from viruses or defects, or meet Your requirements.
2. Nothing in Our Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by applicable law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
3. In no event will we be liable to You or any other person for any lost profits, lost revenue, lost savings, lost production, lost data, lost goodwill or reputation, or special, direct, indirect, punitive, consequential or incidental damages, even if we have been advised of the possibility of such loss or damage.
4. Any liability we have for breach of Our Terms of Use or in tort or for any other common law or statutory cause of action, which is not excluded by the preceding clauses, is limited in the aggregate to the total amount paid by you to us for access to the Services in the 12 months preceding the event giving rise to the liability.
5. Our exclusions and limitations of liability in Our Terms of Use apply regardless of the basis on which they arise, whether in tort (including negligence), contract, statute or on any other basis).
6. You agree to indemnify Us from and against any and all losses, damages, costs, expenses, penalties and other liabilities that We may suffer or incur as a result of, arising out of, or in connection with any l breach of Our Terms of Use or any negligence, or any act of fraud caused by You or on Your behalf.
Links to Third Party Sites
1. The Services may contain links to third-party websites. The links are provided for Your convenience only, and do not indicate, expressly or impliedly, any endorsement by Us of the sites or the information, products, or services provided at those sites. You agree to access those sites and use the information made available at those sites, solely at Your own risk.
2. To the extent permitted by applicable law, We and Our contractors exclude and do not make or give any express or implied representations, conditions or warranties about the accuracy or suitability of the information or links provided on the Services. The information is provided on an ‘as is’ and ‘as available’ basis and You agree to use the information and links at Your own risk.
Security, Privacy and Personal Information
1. We will endeavour to take reasonable steps to keep secure any information which is in our possession or control. Your information is stored on secure servers that are protected in controlled facilities, in accordance with Our Privacy Policy.
2. Any personal information collected by Us through the Services will be handled in accordance with our Privacy Policy.
3. While we take all reasonable precautions to ensure that the Services are secure, no data transmission over the internet can be guaranteed as totally secure. Accordingly, you acknowledge that we cannot ensure the security of any information You transmit to or from the Services, and agree that all information (including personal information) is provided at Your own risk.
Intellectual Property and Copyright
1. All copyright and other intellectual property rights subsisting in the Services and the Content and material on Our Websites (including, without limitation, the software, design, text and graphics, and the selection and layout of Our Websites) are owned by or licensed to Us and protected by copyright under the laws of Australia and other countries.

1. You may view the Services and use its Content for personal and non-commercial purposes.
2. Except to the extent permitted by non-excludable applicable law, You must not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the Services or the Content on the Services except as expressly permitted Our Terms of Use, or with Our written consent. We reserve all rights in the Services not expressly granted to you under Our Terms of Use.
Your Content and Your Intellectual Property
1. This section applies if You submit, post, transmit, or otherwise make any material available via Our Website (Your Content).
2. Where You do so, You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of Our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in Your Content.
3. You warrant that You have the right to grant the above licence, and that Our exercise of the licence rights above will not infringe the intellectual property rights of any third party, and that Your Content is not defamatory and does not breach any law.
4. We may review Your Content, but are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the functionality of Our Services.
Third Party Copyright – Illegal Downloading or File Sharing
1. The Copyright Act 1968 (Cth) protects materials such as films, music, books, and computer programs. You break the law if You download, copy, share or distribute this material, unless You are allowed to do so by the Act or You have the copyright owner’s permission.
2. Please do not use Our Services to do any of these things, because if You do, we may have to cancel Your services and the copyright owner could take legal action against You.
3. You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in any information provided to or obtained by You.
Termination
1. SSC may cease to provide the Services at any time without notice for whatever reason in its complete and sole discretion.
General
1. To the extent that any terms of Our Terms of Use are inconsistent with any other terms displayed on individual pages of Our Website (other terms), the other terms will apply to the extent of the inconsistency only.
2. You may not assign, transfer or otherwise deal with the rights under Our Terms of Use without Our prior written consent.
3. Our Terms of Use are governed by the laws of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland in relation to any dispute arising out of, or in connection with, any use of the Services.
4. If any provision of Our Terms of Use is held unenforceable or illegal for any reason, Our Terms of Use will remain otherwise in full force apart from the provision which will be deemed deleted. No right under Our Terms of Use will be deemed to be waived except by the relevant party.

Definitions

The following terms have the following meanings in Our Terms of Use:

(a) Additional Terms includes any additional terms and conditions, disclaimers or notices displayed on Our Website from time to time

(b) Content means content, information or material made available on or via the Services, including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, digital map data, directory listings or any other content made available on the Services.

(c) Online Services means any functions, features, access to and use of the internet, internet information and/or other services, various service and communication channels and facilities through the internet, or communication facilities or services made available by Safe Space Collective from time to time subscribed or to be subscribed by You in connection with the Online Services, through the Services, which includes but is not limited to the coaching services provided by the SSC and NDN online platforms, online transactions, messaging services, single sign on, search engines, automated services, e-commerce facilitators, chats, discussion groups and/or emails and any products and/or services offered by SSC or NDN from time to time. The list of Online Services may be updated and amended by SSC from time to time, in respect of which You agree to be bound to Our Terms of Use for access to and usage of the new Online Services.

(d) Privacy Policy means the privacy policy available on Our website.

(e) NDN means The Neurodiversity Network.

(f) Services includes Our Website and/or Online Services.

(g) Safe Space Collective or SSC means Safe Space Collective Pty Ltd (ABN 67 662 828 391) and/or its Subsidiary, as may be applicable.

(h) Subsidiary has the meaning given to it under the Corporations Act 2001 (Cth).

(h) Terms of Use refers to these terms and conditions, Our Privacy Policy and any Additional Terms which govern the relationship between You and Safe Space Collective for the use of the Services to which You are granted permission to access.

(j) Website includes the following websites:

(i) the Safe Space Collective website – https://www.thesafespacecollective.org;

(ii) the Neurodiversity Network website – https://theneurodiversitynetwork.com; and/or

(iii) such other websites operated by Us, which are subject to change from time to time.

(k) We, Our or Us refers to Safe Space Collective.

(l) You and Your refers to:

(i) any individual person who accesses and uses the Services; and

(ii) any entity, on whose behalf an individual person accesses and uses the Services.