Effective Date: 18th January 2021
THE AGREEMENT: The use of this website and services on this website and mobile application provided by (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website and any services provided by or on this Website ("Services").
“We”, “us” and “our” are references to MANDARIN SUPPORT;
“User”, “You”, “Your” refers to the person who is accessing the website for taking or availing any service from us and including any person who makes the payment for availing services available on the website;
”Website” shall mean and include and any successor Website of the Company or any of its affiliates;
“Communication” shall mean and include any text or images, either on the website or in other forms (emails, etc.) which is intended, directly or indirectly, to sell services.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the users of this Website and Services to you if you assent to this Agreement.
Mandarin Support is here to serve the NDIS participants in Australia.
We are an independent service provider who specialized in supporting Chinese speaking NDIS participants with tailored solutions that effectively utilise their NDIS plan.
We understand and support the cultural needs of the Chinese community while providing up to date information on current NDIS policy and legislations, as it relates to the provision of support services. Our team members are well-qualified with years of hands-on experience supporting participants from a range of backgrounds and diagnosis. We provide the highest level of service expertise and always aim to go the extra mile when delivering quality service to our clients.
With an in-depth understanding of cultural challenges, we offer CALD (Culturally and Linguistically Diverse) services to our clients that help remove the barriers to getting the assistance they require, while being sensitive to the unspoken cultural needs and expectations of the Chinese community.
For accessing the Website and using its Resources, you may be required to provide specific your mobile number/or email id to establish an account.
You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date.
The users can subscribe to our newsletter.
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
You agree that the Website and all Services provided by us are the property of the MANDARIN SUPPORT, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all right, title, and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
a) To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
b) If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the MANDARIN SUPPORT.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any of our intellectual property rights or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its own legal counsel and may participate in its own defense, if we wish.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the http://www.mandarinsupport.com.au. The website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall MANDARIN SUPPORT, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to Our Website.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties concerning any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose- and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
a) JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed under the laws of Australia without giving effect to any principles of conflicts of law. The Courts of Sydney, Australia shall have exclusive jurisdiction over any dispute arising from the use of the Website.
b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of the MANDARIN SUPPORT will bind and inure to any assignees, administrators, successors, and executors.
c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.*
d) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
g) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.