1. Site Terms
a. The Site is owned and operated by Mable Direct ABN 80 162 890 379, a registered business name of Mable Technologies Pty Ltd ACN 162 890 379 (Mable Direct, we, us, our).
b. We sell products through the Site and your purchase of such products are subject to the terms and conditions that we provide to you, and you accept, when you purchase the products. These terms and conditions are available at: mabledirect.com.au/policies/terms-of-service
c. Subject to sub clause (b), your use of the Site is subject to:
i. these Site Terms of Use; and
ii. our Privacy Policy which is available at: https://mabledirect.com.au/policies/privacy-policy
(together, the Site Terms).
d. By accessing and using the Site, you are deemed to accept the Site Terms and agree to be bound by them. If you do not accept the Site Terms, you must immediately stop using the Site.
e. If you are accessing and using the Site on behalf of an organisation or entity, then you are agreeing to these Site Terms on behalf of the organisation or entity you represent and warrant that you have authority to bind the organisation or entity to these Site Terms. In this case, you and your refers to that organisation or entity.
2. Amendments to the Site Terms
a. We may amend the Site Terms from time to time. Amendments will be effective immediately upon the publication of an updated version of the Site Terms on the Site.
b. By continuing to use the Site, you will be deemed to accept the amended Site Terms and agree to be bound by them.
3. Prohibited activities
a. You must not:
i. post or transmit, to or via the Site, any information or material, or otherwise use the Site for any activity, which:
A. breaches any Law or regulations;
B. infringes a third party’s rights (including Intellectual Property Rights) or privacy; or
C. is contrary to any relevant standards or codes, including generally accepted community standards.
ii. transmit to or via the Site any malicious computer code (including viruses, worms and Trojan horses) or any other means of cyber-interference; and
iii. use the Site in a way which:
A. tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
B. inhibits any other user from using the Site;
C. defames, harasses, threatens, menaces or offends any person; or
D. contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
b. You must also not permit or enable any person to do any of the things described in this clause 3.
4. Personal use
a. Unless we agree otherwise in writing, you are provided with access to the Site only for your personal use. You are authorised to print a copy of any information contained on the Site for your personal use, unless such printing is stated as expressly prohibited.
b. Without limiting clause 4(a), you must not without our prior written consent share, sell or otherwise commercialise or deal with any information obtained from the Site except for the purpose of promoting Mable Direct for non-commercial purposes such as sharing reviews or links on other websites or social media.
5. Our content
a. You acknowledge and agree that:
i. the Site, and our software, source code, proprietary methods and systems used to provide the Site, or any platform provided through the Site (Our Technology);
ii. all information, data, documents, images and other materials contained on the Site that are posted, emailed, contributed to or otherwise made available on the Site (including any branding, trade marks, service marks and logos), excluding Your Content (Our Content); and
iii. all Intellectual Property Rights in Our Technology or Our Content (Our IP);
(collectively, Our Proprietary Material) is owned or licensed to us, and that all right, title and interest to Our Proprietary Material at all times vests with us or the relevant licensor, and nothing in these Site Terms is intended to transfer or modify those ownership and licence rights.
b. Subject to clause 4, You must:
i. not use, copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute in any way Our Proprietary Material, without our prior written permission; and
ii. abide by all copyright notices, information, and restrictions contained in or attached to any of Our Proprietary Material.
6. Copyright
a. Without limiting clause 5, all copyright in the Site (including any text, graphics, logos, icons, sound recordings and code) is owned by, or licensed to, us.
b. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Site Terms, you must not in any form or by any means:
i. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
ii. commercialise any information, products or services accessed or obtained from any part of the Site,
without our prior written consent.
7. Your content
If you submit, post, transmit or otherwise make any material available via the Site (Your Content):
a. you grant us a licence to use, copy, reproduce, process, adapt, publish, transmit, host and display Your Content for the purposes of:
i. addressing your enquiry;
ii. providing you with the service or associated support requested;
iii. analysing and improving the Site and our processes associated with the Site; and
iv. developing other products, services or features.
b. you warrant that:
i. you have the right to grant the licence set out in clause 7(a);
ii. our exercise of the licence rights set out in clause 7(a) will not infringe the intellectual property rights of any person; and
iii. Your Content is not defamatory and does not breach any Law.
c. you acknowledge and agree that:
i. we may monitor or review Your Content, but we are not obliged to do so; and
ii. we may alter or remove any of Your Content at any time, including to ensure the operational integrity of the Site.
8. Feedback
a. You may have the ability to post feedback and reviews on the Site (Feedback).
b. If you post Feedback, you grant us an unrestricted, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, communicate to the public, modify, and adapt that Feedback for the purpose of publishing that Feedback on the Site or other Mable platforms or services.
9. Disclaimers
a. We will use commercially reasonable efforts to ensure that the materials, information and content on the Site (Our Information) is accurate and complete.
b. To the maximum extent permitted by law, but subject to clause 9(a), we do not represent or warrant that Our Information is accurate, reliable, suitable, or complete.
c. In particular:
i. Our Information that we make available to you via the Site must not be used or relied upon to determine which items are eligible for reimbursement or purchase using your NDIS or Home Care Package funding. We do not provide financial advice or guarantee regarding the eligibility of any specific product for funding approval. You are strongly encouraged to consult with your plan manager, support coordinator, or relevant government agency to confirm the suitability of your purchases before proceeding. Any purchases made on our Site are subject to your understanding and acceptance of your funding limitations;
ii. the Site and Our Information is provided to you on an “as is” basis;
iii. Our Information is subject to change at any time without notice;
iv. subject to clause 9(a), we are not obliged to update Our Information or correct any inaccuracy of which we become aware within any specific timeframe; and
v. we do not promise that the use of the Site will be continuously available, as intended, or virus or fault free.
10. Specific warnings
a. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
b. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any linked website.
c. The Site may contain links to websites operated by third parties. Those links are provided for convenience only and may not remain current or be maintained. Unless expressly stated otherwise, we have no control over or rights in those linked websites and are not responsible for the content of those websites.
d. We are not responsible for any loss or damage caused to you by any third-party website or application linked from the Site. Your use of such third-party services is at your own risk and is subject to their terms and conditions.
11. Liability
a. To the maximum extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special or consequential loss or loss of profits) which you suffer or incur (or may suffer or incur) directly or indirectly in connection with:
i. your use of, or inability to use, the Site;
ii. your reliance on any Our Information; or
iii. any act or omission of any other person (including any third-party platform providers or operators linked from the Site).
b. Where the law implies a warranty into these Site Terms which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to:
i. the supply of the services again; or
ii. the payment of the cost of having them supplied again.
12. Indemnity
a. You agree to indemnify us and our officers, employees and agents (those indemnified) from and against any and all claims, liabilities, losses, damages, costs or expenses (including legal costs on a full indemnity basis) incurred by those indemnified which arise directly or indirectly out of or in connection with:
i. your use of the Site;
ii. Your Content or Feedback;
iii. any breach of these Site Terms by you; or
iv. your breach of any law or the rights of any third party.
13. Termination
a. We may suspend or terminate your access to the Site at any time without notice and for any reason, including if we believe you have breached these Site Terms.
b. All provisions of these Site Terms which by their nature should survive termination will survive, including clauses in relation to intellectual property, disclaimers, liability and indemnity.
14. General
a. These Site Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them.
b. If any part of these Site Terms is held to be unenforceable or invalid, that part will be severed and the remainder will continue in full force and effect.
c. These Site Terms constitute the entire agreement between you and us relating to your use of the Site, and supersede all previous communications or agreements.
d. Our failure to enforce any right or provision of these Site Terms will not be considered a waiver of those rights.