The following represents the Terms and Conditions of Use (the “Terms”) for PAH (the “Service”). These terms form a contract between you or your business entity (“you”) and PAH OPERATING PTY LTD (ACN 638 403 095) and its agents, licensors and representatives (“us”, “we” or “the Company”).
Together, you and the Company are the “Parties”.
Speaking generally, these Terms govern how you can use the Service as well as your obligations to us and rights against us (and vice versa).
Please ensure you read these Terms before using the Service.
By creating a PAH account or using the Service’s mobile application, you accept and agree to be bound by the Terms which comprises of:
If you have accepted the Terms and later wish to revoke your acceptance of the Terms, you are bound by the Terms until the Terms are terminated in accordance with Clause 20.
The purpose of the Service is to create an online platform connecting receivers of interpretation services (“ROIS”) and interpreters who provide the interpretation service (Interpreters or Interpreter).
These terms apply to both ROIS and Interpreters.
By accepting these terms, you warrant that you are eligible to use the Service.
There are three categories of eligibility for using the service.
To be eligible to use the Service as a ROIS,
To be eligible to use the Service as an Interpreter,
We will rely on your warranty that you are eligible. If you accept these terms without being eligible to use the Service, the Company bears no liability for any loss incurred by you or other people due to your misrepresentation and you indemnify the Company for any loss incurred by it due to your breach of warranty.
You will be required to nominate the type of account you would like to create. The types of accounts include a ROIS Account, and Interpreter Account.
You should create a ROIS Account if you are a person seeking to receive the benefit of Auslan interpretation services.
You should create an Interpreter Account if you are an interpreter seeking to provide Auslan interpretation services.
Upon accessing the Service, you will be prompted to enter your name, phone number, address, email address and NAATI certification. You will receive an email to ensure verification.
Upon accessing the Service, you will be prompted to enter your name, phone number and email address, location, NDIS number and NDIS plan management details. You will receive an email to ensure verification.
If you have a ROIS Account, the ways you can use the platform include but are not limited to:
If you have an Interpreter Account, the ways you can use the platform include but are not limited to:
The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Service.This means that;
This license is for the sole purpose of letting you use the Service in the manner described in Clause 4 according to your type of Account.
This license does not permit you to do any of the following, which will be considered a breach of the Terms:
|Per Hour Per Interpreter||$74.40|
|Per 15 minute increment thereafter||$18.50|
You agree to:
You are responsible for maintaining the confidentiality of your login credentials. The Company bears no responsibility or liability for any activities which occur under your credentials. You are solely responsible for all activities that occur under your credentials.
|Per Hour Per Interpreter||$92.00|
|Per 15 minute increment thereafter||$23.00|
Our licence to your content shall be non-exclusive, except that our licence shall be exclusive with respect to derivative works created through use of the Service. For example, we would have an exclusive license to screenshots of the Service that include your Content.
You authorize us to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties but we are not obliged to act in relation to the same.
You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
In consideration for allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service.
By submitting suggestions or feedback to us regarding our Service, you agree that the Service may use and share such feedback for any purpose without compensating you.
The Company may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service, including termination of your account.
We are entitled (but not obliged) to enforce any rights, remedies, limitations and exclusions of liability, and legal defences we have under this Agreement. This includes any rights and remedies for any loss, damage or claim suffered or incurred by us arising from you not complying with any part this Agreement; or that you must indemnify under this Agreement. Such loss, damage or claim cannot be excluded as indirect, consequential or incidental loss or damage.
Through your account, you will be able to access two different forms of Content:
You own your content. You may introduce content to our Service, such as personal details, photographs and videos, by adding information and media to your account. Your content is stored on our servers and accessed via the Service for the sole purpose of your licence to use the Service. Your content is displayed via the App at your direction by way of your User Settings. User Settings will be set to public upon creating your account and must be changed if you wish to make more information private. You agree that your content may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other users).
You are responsible for what you post on the Service. You indemnify, defend and release us from any claim made in relation to your Content.
We own our content. You are not permitted to do anything that interferes with our content or otherwise infringes any right of ownership.
If you wish to film or live stream your booking, please inform us at the time of booking so that the consent of the interpreter can be obtained. At each booking, an interpreter will match the needs of the Auslan users who are attending. If you reuse the footage at a later date, the interpretation may not be appropriate for a wider audience.
The interpretation serves to facilitate communication and does not constitute an authentic record of proceedings. Only the original speech or the revised written translation is authentic. We make no warranty to the accuracy of the original document.
The Company prioritises the safety of its users and seeks to provide a service which provides a respectful and safe user experience. Under the Community Rules, you have a responsibility to use the platform safely yourself and to promote a safe user experience for every other user on the platform.
You understand and acknowledge that the Company is not responsible for the conduct of any user of the Service and the Company does not conduct criminal background checks on its users, though the Company reserves the right to conduct criminal background checks or other screenings, such as sex offender register searches, of you at any time.
The Company bears no responsibility for any Member Content posted to the service. However, if Member Content infringes any laws or regulations in the governing jurisdiction, the Company will co-operate with reasonable requests to intervene where possible and remove the infringing content.
The use of any online platform carries a risk of identity theft. By using this service, you acknowledge that there is a risk of identity theft. You warrant that you will do anything and everything you can to mitigate the risk of your identity being stolen. You acknowledge that we bear no responsibility or liability for any identity theft that may occur on our platform or in connection to our platform. You release and indemnify us for any theft of your identity that occurs other than due to a breach of our responsibilities under these Terms.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow the Service’s Online Safety Guidelines prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
The Company may from time to time make the Service available via various platforms which can be accessed via third party providers on the terms detailed below.
For any Service downloaded from a website, these Terms apply instead of any rights granted by the default terms of the website.
For any Service downloaded from Google Play (http://play.google.com), this Agreement applies instead of any rights granted by the default terms for applications downloaded from the Google Play Store.
For any Service downloaded from the Apple App Store, the following terms apply:
Several countries prohibit use of virtual private networks (“VPNs”), and some have technological measures to prevent VPNs from working. As a result, any VPN the Service uses or you use with the Service is subject to territorial restrictions that may change from time to time.
The Company will from time to time partner with Third Parties to provide you with the Service, including but not limited to:
You accept that we partner with third parties to provide you with the Service.
We are not responsible for and do not provide any warranties or any guarantees in relation to any of the third-party services associated with the Service at any stage in your use of the Service (including through app stores and advertising). These Terms apply in place of any default terms provided by third parties.
We may allow Third Parties from time to time to use the Application for the purpose of advertising at our complete discretion. You authorise us to provide advertising to you through the Service. You acknowledge and accept that we may receive compensation for advertising on the Service in the form of affiliate links, commissions and advertising fees.
By accepting these Terms, you authorise us to bill you in accordance with these terms.
Fee for Service. We reserve the right to charge a fee for the Service, either in whole or in part, at the price and in the manner determined at our absolute discretion.
Upon creating an account, you agree to being charged by way of your NDIS plan details upon confirming a booking.
If you do not wish to pay the fee, you must terminate this Agreement in accordance with its Clause 20 within the timeframe indicated in the Notice given, or you will be taken to have accepted the fee and be charged accordingly.
Generally, all purchases or fees are non-refundable except as provided by the applicable consumer law of the governing jurisdiction. We reserve the right to offer refunds at our complete discretion.
Unless expressly stated otherwise, all prices or other sums payable under these Terms do not include GST. We can recover from you the amount of GST payable under A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) for any taxable supply made by us to you. We will provide you with a valid tax invoice for the taxable supply at the same time that we charge you the primary sum payable under these terms. The tax invoice will indicate whether the supply is GST free.
Terms and expressions used in this clause which are defined in the GST Act have the same meanings given to those terms and expressions in that Act.
We do not warrant the performance or results you may obtain by using the Service. We will not be liable for any failure or delay in performance, due in whole or in part, to factors outside our reasonable control. This includes utility failures (including power), failure of the internet, failure of telecommunications or information technology services, failure of telecommunications or information technology equipment, strikes or other labour disturbances (including with our workforce), acts of war or terror, denial of service attacks or other information technology attacks or breaches affecting us, floods, sabotage, fire, other natural disasters, or Acts of God.
The information provided on the Service is of a general nature; it is not specific advice for you. You should not rely on the Service available on the application, instead of getting appropriate advice. We make reasonable efforts to make sure the information is correct, but we do not warrant the information is accurate, current or complete. We exclude all loss or damage in connection with the information, no matter how it arises (including through negligence). The information we provide is not ‘personal advice’ or ‘general advice’ as defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth). Third Party information is provided without considering the objectives, financial situation or needs of any individual.
The Service is provided “as is”. We make no express or implied warranties or conditions about the suitability, quality or fitness for any particular purpose of the Service. We disclaim any and all warranties and conditions implied by statute, common law, jurisprudence or other theories of law, including implied warranties or conditions of noninfringement of third party rights, title, merchantability, suitable quality, or fitness for any particular purpose.
We do not warrant that the operation of the Service will be uninterrupted or error free. We do not warrant that the Service will work properly on all devices or with all configurations of hardware/software. We do not warrant that the Service will completely protect the integrity of data, information or content stored or transmitted via the internet.
Some aspects of the Service require an active and stable connection to the Internet to function. It is your responsibility to ensure that you always have an active and stable Internet connection.
Any version the Service is provided to you without fees (including “free,” “trial” or “beta” versions) is provided “as is”, “with all faults,” and “as available”. There is no warranty of any kind and we will not provide support or other services.
To the full extent permitted by law, even if we have been advised of the possibility of any loss or damage, we will not be liable to you or any third party for any direct or indirect loss or damage of any description, no matter how it is caused.
In any case, our total aggregated liability for all loss or damage to you or any third party relating to the Service is the greater of:
To the extent permitted by law, you agree to indemnify us against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
If you have a dispute with or a claim against us of any kind related to any the Service, subscription or about this Agreement, you must send us a written notice of dispute. Send your notice to firstname.lastname@example.org with the subject ‘Notice of dispute’. Please include your name, address, contact information, the facts of the dispute and how you think it should be resolved.
We will seek to resolve disputes with the individual within 7 business days. You agree not to have your dispute heard as part of a class action, nor to act or propose to act as a representative for others. Proceedings to resolve disputes will only be combined with other disputes if all parties provide written consent to do so.
We are always seeking to improve the functionality of our service and use feedback from our users to improve your experience. From time to time, we might make changes to the Terms to reflect changes to our service, changes to the law, new features in our Service or new business practices.
The Company is expressly permitted to amend the Terms from time to time without requiring your permission first. If these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. If the changes do materially affect your rights or obligations, we will provide you with notice of the changes.
The method by which notice may be served includes but is not limited to an email to the registered email address associated with each account, a push notification, a pop-up notification within the Service or a dialogue box. Notice will be taken to have been received on the date we publish the notice, even if you may actually receive it later.
If you continue to use the Service once notice of the changes have been given, you have accepted the changes and will be bound by them.
We may provide updates to software via automatic downloads. You can adjust these automatic downloads through your device’s settings. If you consent to automatic downloads, you will be considered to have consented to any changes in the updated Service.
The most recent version of these Terms will be available on:https://pahapp.com.au/terms.html. The most recent version is the version that applies.
The Company may terminate your account at any time for any reason with written notice. Upon termination by the Company, you will be entitled to refunds at the Company’s discretion.
You may close your profile at any time. If you close your profile you will cancel any outstanding bookings and you may forfeit your Booking Fee.
Upon closing your profile, you will not be able to see past bookings.
You may still need to manage your In-App purchases through your mobile device platform to avoid additional billing.
Upon termination, we will store your information for 90 days to permit you to reopen the account if you wish to. Upon termination by either party, the Terms will no longer apply to you except for Clauses 6, 7, 8, 10, 16 - 21.
If any part of the Terms is invalid or unenforceable, that part which is invalid or unenforceable is excluded from the Terms. The remainder of the Terms continues in full force.
A Party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right. All waivers must be in writing.
If any of these terms require notice to be served, notice must always be in writing. You must serve notice on us by either emailing us at email@example.com or following the procedure described (if any) in the relevant term or on our website. We may serve you by an email to the registered email address associated with your account, a push notification, a pop-up notification within the Service or a dialogue box. Notice will be taken to have been received on the date we send the email or publish the notice, even if you may actually receive it later.
The Terms are governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
In relation to the subject matter of the Terms, the Terms is the whole agreement between the parties. The Terms supersede all oral and written communications by or on behalf of any of the parties.
These Terms should be interpreted in accordance with their ordinary meaning taking into account the context of the words. The headings and formatting in this Agreement do not affect its interpretation. The singular includes the plural and vice-versa. If a word or phrase is defined, its other grammatical forms have a corresponding meaning. The words “includes” and “including” will be understood as followed by the words “without limitation.” Any reference to “use” of any software, the Service or Update includes “installation” of any such software, the Service or Update (unless the context requires otherwise).
This Agreement was originally prepared in English. We may provide translated versions of this Agreement for your convenience, but the English language version of this Agreement is the governing version.
This Agreement is taken as having been drafted jointly by you and us. No presumption or burden of proof will arise favouring or disfavouring any party because of the authorship of this Agreement.
Schedule 1 – Community Rules
The Company reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that the Company regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
What is your data?
Your data includes any information you provide when you install the Service and information voluntarily provided by you to us during your use of the Service, including but not limited to any personal information used to generate a personal profile on the service such as your name, gender, age, weight, height, city, postcode, playing experience, email address, phone number, photographs and videos.
We will collect data about you. For example, this may include information necessary to the operation of the Service such as survey responses, communications within the service and location data to show you clubs in your local area. You may control what data we can collect through your permissions settings on your device.
We will collect data about your usage. This data helps us understand how you and our other users use the Service. This data is useful because it allows us to ensure we are constantly improving upon the Service we provide to you. This may include the date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on and how you interact with other users.
We collect data about your device, including hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address), information on your wireless and mobile network connection, like your service provider and signal strength and information on device sensors such as accelerometers, gyroscopes and compasses. This information allows us to ensure you have access to the full operational capacity of the Service.
Who will have access to your data?
We will have access to your data in accordance with the following policy.
Any other user of the Service will have access to the data you publicly list on your personal profile. We remind our users that this is a publicly accessible service and that any person who meets the eligibility criteria for the Service may have access to the data you publicly list on the service in your profile. We recommend that you keep this in mind when using the Service and providing your personal information. You may elect to alter your privacy settings.
When will we collect your data?
We will collect your data when you access the Service by creating an account.
We will collect your data as you use the Service at our discretion. For example, we may collect information about the content you access and bookings you make. You consent to us accessing and using any data you provide on your personal profile, including for the purposes of direct marketing, even if that data is considered ‘special’ or ‘sensitive’ in certain jurisdictions such as your ethnic or religious beliefs. If you do not want certain data to be collected or used, please do not share it on our platform.
When you complete your profile or use the Service, you may share additional data with us as part of your content, such as photographs, videos or your location. We only collect this data with your consent, which can be controlled via the permissions setting within your device. Giving the Service permission to access this data will be treated as consenting to our collection of the data. You may revoke your consent by altering your permission settings. If you do not want certain data to be collected or used, please do not share it on our platform.
If you participate in online surveys, customer feedback forms or promotions, events or contests, we may collect data from you such as your opinions of the service, your name and your contact details.
If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
We will process your conversations with other users as part of ensuring the ongoing functionality of the Service. However, we do not record or collect data from personal correspondence beyond what is reasonably necessary to comply with our legislative requirements and to ensure the ongoing functionality of the Service.
We may collect data about you from other third party partners, for example where we publish adverts for our Service on partner websites and platforms or where we use partners to analyse use of our Service.
How will we collect your data?
We collect your data through your input into the Service and the application programming interface after you have logged in.
We may use Google Analytics to track use of the Service for the purpose of improving its functionality.
If we are going to collect your data in another way, we will notify you.
How will we use your data?
The following are the primary purposes for which your data is collected. By using the Service, you should reasonably expect that your data may be used or disclosed for these purposes.
The main reason we collect your data is to provide you with the Service. The functionality of our Service relies on access to your data. We will use your data to tailor your experience, bill you and manage your account.
We will use your personal data to make your user experience more seamless. For example, we may use it to authenticate you and remember your preferences and settings across multiple devices.
We will use your personal data to detect and prevent fraud or other unauthorised illegal activities on the Service, as well as to ensure we comply with our legal obligations.
We will use your data to analyse usage traffic and trends so that we may improve the Service, provide information to you about the Service and provide advertising to you which is related to your interests.
We may collect de-identified and aggregated statistical data about the use of the Service and related services and the data within the software. This data is used to administer and monitor the use of Service and services, and to improve our business. We may also use this data in commentary, media releases and other publications. We will not use data analytics or other means to allow information to become re-identified or personal information.
We use your data in these ways on one or more of the following legal bases:
How will we share your data?
You share information with other users when you voluntarily disclose information on the service (including your public profile). Please ensure you only share information you are comfortable publicly disclosing since we do not control which other users of Service see the information and how they will use it.
We may post photos, videos or testimonials on our social media platforms when a booking is completed with the permission of both parties.
We may share your data with our partners, such as our ecommerce platform providers, payment processors, support suppliers, and suppliers who facilitate the ongoing functionality of the Service provided to you.
We may share data that is anonymized and aggregated with third parties for trend analytics and advertising purposes.
Your information may be disclosed if required by law.
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
We may share your information with your consent or at your request. If we seek consent to share your information, we will provide notice explaining who we wish to share it with and why.
How will we protect your information?
Our Service is built around your information and the way it enables us to connect ROIS and Interpreters. As such, we will work hard to protect you from unauthorised access, alteration, disclosure or destruction of your personal information.
We regularly monitor our systems for possible weaknesses and review our information collection, storage and processing practices to update our physical, technical and organizational security measures.
We store your data in a database hosted by AWS ec2 Instance. This database has restricted access requiring a username and password that can only be accessed through certain Company IP addresses.
However, we do not guarantee and cannot guarantee that your data will always be completely protected. We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security.
How long will we retain your information?
We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law.
If you delete your account or have two years of continuous inactivity, we will retain your data for 3 months in case you wish to reopen your account. After this, we will delete or anonymise your information unless retention is necessary to:
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
How can you access the personal information held by us?
You can view all the User Content you have introduced to the Service through your Account.
If you would like to know what of your personal information we hold, please contact us via firstname.lastname@example.org. You may alter any information contained in your personal profile via the application which provides access to the Service, or you may seek alterations of the information we hold via the above contact email.
Your rights in relation to your data
You will be able to opt into a ‘right to be forgotten’ for your own data and your customers data by altering your settings within your account. If you exercise this right, we will delete your account permanently after 7 days. You must contact our administration to reactivate your account within the 7 day period once exercising a right to be forgotten.
Complaints regarding Privacy
Your privacy is protected under Australian law by the Privacy Act 1988 (Cth). To complain about a breach of your privacy, we ask that you first approach us at via email@example.com and we will endeavour to assist you as promptly as we can.
You may also make a complaint to the Office of the Australian Information Commissioner if you believe there has been a breach of your privacy.
If we want to make any changes to this policy which will materially impact your rights and obligations, we will notify you of them before the changes are made.
Schedule 3 – Online Safety Guidelines
We provide our Service in the hope that it can bring ROIS and Interpreters together to the mutual benefit of all. However, the safety of our users is our priority. These Online Safety Guidelines are provided to ensure that all users are protected both online and offline as you use the Service.
Online User Safety Guidelines
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