Terms and Conditions
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 APP 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).
We are a marketplace. As a prerequisite to entering into this marketplace you agree to engage either the receivers of interpretation services (“ROIS”) or interpreters who provide the interpretation service (“Interpreters” or “Interpreter”) on the following terms.
Please ensure you read these Terms before using the Service.
1. Acceptance of Terms
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:
i. The following clauses,
ii. Any other document referred to within the following clauses including but not limited to our Privacy Policy and Online Safety Policy; and
iii. Any other terms disclosed to you if you purchase or have purchased additional features, products or services offered through the Service.
iv. If you do not accept and agree to be bound by the entirety of the Terms, you should not use the Service.
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.
2. Purpose
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”).
You agree that we provide a service to the ROIS for a fee in providing an easy to use platform for engaging Interpreters.
You agree that we provide a service to the Interpreter for a fee in providing an advertising platform for you to be engaged by the ROIS and administrative services.
We will facilitate the transaction between the ROIS and the Interpreter, and these terms apply to both ROIS and Interpreters in how we facilitate that transaction, not in the engagement of the actual translating service which the ROIS and Interpreter participate in at their own risk.
3. Eligibility
By accepting these terms, you warrant that you are eligible to use the Service.
There are three categories of eligibility for using the service.
3.1. ROIS
To be eligible to use the Service as a ROIS,
i. You must be 13 years of age or older with parental permission to use the application if you are younger than 18;
ii. You must have capacity to enter into a contract;
iii. You must not be barred from using the Service or similar services;
iv. You must not have been convicted of or pled guilty to a sex crime or any crime involving violence; and
v. You must not be required to register as a sex offender with any local, state or federal sex offender registry.
3.2. Interpreter
To be eligible to use the Service as an Interpreter,
i. You must be 18 years of age or older;
ii. You must have capacity to enter into a contract;
iii. You must not be barred from using the Service or similar services;
iv. You must not have been convicted of or pled guilty to a sex crime or any crime involving violence;
v. You must not be required to register as a sex offender with any local, state or federal sex offender registry;
vi. You must be certified with the National Accreditation Authority for Translators and Interpreters (“NAATI”) for Auslan or any one of the following:
a. NAATI Recognised Deaf Interpreter;
b. NAATI Certified Provisional Deaf Interpreter;
c. NAATI Certified Provisional Interpreter (Auslan and English);
d. NAATI Certified Interpreter (Auslan and English); or
e. NAATI Certified Conference Interpreter (Auslan and English).
vii. You must adhere to the Australian Sign Language Interpreters’ Association (“ASLIA”) Code of Ethics and Guidelines for Professional Conduct;
viii. You must have an Australian Business Number (“ABN”); and
ix. You are a current member of ASLIA.
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.
4. Your Account
4.1. Requirement for an Account
Upon accessing the Service, you will be required to create an account. Your account will allow you to access the Service. You authorise us to collect, store and use any data provided in the process of creating an account in accordance with our Privacy Policy.
4.2. Types of Accounts
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.
4.3. Creating an Interpreter Account
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.
4.4. Creating a ROIS Account
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.
5. Use of Platform
If you have a ROIS Account, the ways you can use the platform include but are not limited to:
i. Viewing Interpreter Profiles;
ii. Requesting interpretation services;
iii. Viewing your account including current, past and future bookings;
iv. Responding to messages from Interpreters;
v. Manage bookings through a calendar;
vi. Creating a ROIS Profile; and
vii. Paying for interpretation services.
If you have an Interpreter Account, the ways you can use the platform include but are not limited to:
viii. View requests for interpretation services;
ix. Viewing your account including current, past and future bookings;
x. Responding to messages from ROIS;
xi. Managing bookings through a calendar;
xii. Create an Interpreter Profile; and
xiii. Paying for the Service.
6. User rights
6.1. General User Rights
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;
i. You have been granted a right to use the Service but this right is personal to you. You cannot authorise any other person to use the Service or give anyone else your right to use the service;
ii. Your right to use the Service can be taken away at any time in accordance with this Agreement;
iii. You are not the only person who has been given the right to use the Service.
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:
i. use the Service for commercial purposes beyond the purpose of the licence without written consent;
ii. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without prior written consent from us;
iii. make statements which expressly or impliedly suggest you are endorsed by the Company;
iv. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
v. use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
vi. upload viruses or other malicious code or otherwise compromise the security of the Service;
vii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;
viii. “frame” or “mirror” any part of the Service without prior written authorization from the Company;
ix. use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
x. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
xi. use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent;
xii. use, access, or publish the App’s programming interface without our written consent;
xiii. probe, scan or test the vulnerability of our Service or any system or network; and
xiv. encourage or promote any activity that violates this Agreement.
6.2. Interpreter Rights
i. You may cancel bookings (including amended bookings) after accepting them at any time up until 2 hours prior to the booking, though PAH reserves the right to monitor cancellations and rescind your access to the Service in the event that you do cancel bookings more than twice after accepting the booking;
ii. You will receive an invoice showing the amount to be paid to you including any fees PAH deducts;
iii. You will be paid for the services you provide by PAH passing on payment on behalf of the ROIS in accordance with the following rates:
Service Type
RATE
Per Hour Per Interpreter
$74.40
Per 15 minute increment thereafter
$18.50
6.3. ROIS Rights
i. You may cancel bookings at any time up until 24 hours prior to the booking;
ii. You may amend booking details up to 2 hours prior to the original booking;
iii. You may request a different or specific interpreter, though we are under no obligation to provide the requested interpreter or to ensure the quality or skill level of that interpreter;
iv. You will receive a invoice for any booking you make with PAH including any fees PAH deducts.
7. User obligations
7.1. General Obligations
You agree to:
i. comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
ii. use your real name and photographs on your profile;
iii. not misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
iv. not disclose information that you do not have permission to disclose;
v. not create or operate a pyramid scheme, fraud or other similar practice;
vi. not act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
vii. not engage in any cyber-bullying or post any cyber-bullying material on the Service; and
viii. comply with the Community Rules.
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.
7.2. Interpreter Obligations
i. You must comply with the ASLIA Code of Ethics and Guidelines for Professional Conduct;
ii. Except in cases of emergency, you must attend all bookings which you accept;
iii. If the ROIS is not immediately in attendance at the booking, you must remain at the booking for 30 minutes prior to leaving;
iv. You must pay to PAH an administrative fee of $4.40 (incl GST if applicable) for every booking up to 2 hours long and $8.80 (incl GST if applicable) for every booking 2 hours long or over. This amount will be deducted automatically.
7.3. ROIS Obligations
i. If you cancel a booking within 24 hours prior to the booking then you forfeit the 90% of the Booking Fee.
ii. If you amend a booking within 2 hours of the original booking then you forfeit 90% of the Booking Fee if the booking does not go ahead.
iii. Onsite bookings require a minimum 2 hour booking and Video Remote Interpreting requires a minimum 1 hour booking. If you only use part of the minimum booking, you will still be charged 2 hours for onsite or 1 hour for Video Remote Interpreting.
iv. If your booking is over the minimum booking length then you will be charged in 15 minute increments.
v. NDIS
a. If you are booking this under your NDIS plan, then these Terms and Conditions are a Service Agreement between you and us.
b. By accepting these terms and conditions, you agree to be liable to pay for services provided to you if your NDIS funding runs out.
ii. You acknowledge that as part of your Booking Fee you pay us $17.60.
iii. You must pay the Booking Fee us in accordance with the following rates:
Service Type
Rates
Per Hour Per Interpreter - CPI
$122.00
Per Hour Per Interpreter - CI
$132.00
8. Our rights
By creating an account, you grant us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access subject to any applicable laws and our Privacy Policy. This means that:
i. You are granting us a right to use your data around the world and without providing you with any payment; and
ii. We are allowed to transfer our rights to use your data to other parties subject to our Privacy Policy and any applicable laws.
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.
9. Ownership of content
Through your account, you will be able to access two different forms of Content:
i. Your Content: Any information you post, upload, display or otherwise make available on the Service or transmit to other users (collectively, “Content”); and
ii. Our Content: The application-based programming code and any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing in the Service or related to the Service in any way.
9.1. Your 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.
9.2. Our Content
We own our content. You are not permitted to do anything that interferes with our content or otherwise infringes any right of ownership.
9.3. Filming or Live Streaming
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.
10. Safety
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.
11. Privacy
We value your privacy and the security of your data. Our Privacy Policy determines what data we collect, how we collect that data and what the data can be used for. Our Privacy Policy is hereby incorporated into the Terms.
12. Accessing the Platform
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.
12.1. Mobile Device Application Platform
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:
i. The license granted by this Agreement is limited to a non-transferable license to use the Service on any iPhone, iPod Touch or other Apple-powered Device that you own or control. It is combined with the Usage Rules in the Apple App Stores Terms of Service, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html or as otherwise made available by Apple.
ii. This Agreement is between you and us; not with Apple. We, not Apple, are solely responsible for the Service and its content.
iii. Apple has no obligation to provide maintenance and support services for the Service.
iv. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for The Service to you. Apple will have no other warranty obligation for The Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to our failure to conform to any warranty will be our sole responsibility.
v. We, not Apple, are responsible for any claims by you or any third party relating to the Service including:
i. product liability claims;
ii. any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
iii. claims arising under consumer protection or similar legislation.
vi. If any third party claims that the Service or your possession and use of that the Service infringes their intellectual property rights, then we are solely responsible and have the right to deal with the claim as we see fit.
vii. You must comply with any applicable third party terms when using the Service. For example, for a VOIP the Service, you must not violate your wireless data service agreement when using the Service.
viii. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. When you acceptance this Agreement, Apple will have the right to enforce this Agreement against you as a third party beneficiary.
12.2. Virtual Private Networks
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.
13. Third parties
13.1. Third Parties
The Company will from time to time partner with Third Parties to provide you with the Service, including but not limited to:
i. Google Play;
ii. Apple App Store;
iii. Android Pay;
iv. Apple Pay;
v. Google Analytics
vi. Firebase; and
vii. Sendgrid.
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.
13.2. Advertising
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.
You authorise us to send to you marketing material at our discretion. If you do not want to receive marketing material from us, then you may unsubscribe from any marketing material at any time by notifying us.
14. Billing
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.
15. GST
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.
16. Disclaimer
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:
i. Two Australian dollars (A$2) per claim; or
ii. The Booking Fees you have paid in the last 12 months.
17. Indemnity
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.
18. Dispute Resolution
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 feedback@pahapp.com.au 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.
19. Changes to these terms and Conditions
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.
20. Termination
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.
21. General terms
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 feedback@pahapp.com.au 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
· Users must seek to provide a safe user experience for all users of the platform.
· Users must not use the Service for anything that is illegal, prohibited by these Terms or harmful;
· Users must not seek to damage the Service;
· Users must use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
· Users should use respectful language when using the platform, and should not post anything that:
o contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
o is obscene, pornographic, violent or otherwise may offend human dignity;
o is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
o encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; and
o is defamatory or libellous.
· Users should not provide the details of any financial services or institutions they use to any user of the Service. Users must not spam, solicit money from or defraud any users.
· Users should be respectful and kind when communicating with our Customer Care representatives.
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.
Schedule 2 – Privacy Policy
To provide our Service, we require certain personal information which allows you to use the service in accordance with Clause 4 depending on your type of account. However, we also value your privacy and the security of your data. Our Privacy Policy determines what data we collect, how we collect that data and what the data can be used for.
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:
i. We require this information to perform the contract between us and you to provide the Service to you. As such, the collection of this information is directly related to the function of the Service;
ii. We use this information within our own organisation to ensure we comply with our legal responsibilities and to allow us to develop our service and respond to our users’ needs. As such, the collection of this information is reasonably necessary for the function of the Service; and
iii. You have given us consent to collect and use particular data, which can be withdrawn at any time in compliance with the necessary procedures.
How will we share your data?
We will not share your data with third parties outside the terms of this Privacy Policy.
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 shared upon a corporate transaction involving the Company, whether in whole or in part, such as a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. If so, any other parties to the transaction will be subject to the same obligations as us under this Privacy Policy.
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:
· Comply with our legal and regulatory requirements;
· Address an outstanding claim or dispute;
· Protect our legitimate business interests (for e.g., to ensure a banned user is not permitted to reopen a new account).
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 feedback@pahapp.com. 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 have the right to introduce, modify or delete User Content from the Service. We will use all reasonable efforts to ensure your User Content is deleted upon your request, but you acknowledge that a risk of introducing User Content to the Service is that other persons may misuse or reproduce the Content without your permission. In this case, we bear no liability for any claim arising from the misuse or reproduction with permission of your User Content by a third party outside the terms of this Privacy Policy and you indemnify us for any loss arising in connection with such a claim.
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.
How can you request your data be deleted by us?
You can opt into a ‘right to be forgotten’ either through the app or by emailing the request to feedback@pahapp.com. The steps to advise us that you would like to exercise this right via the app are as follows:
· Log into the account relating to the data you would like to have deleted.
· Navigate to the user settings.
· Click the “Delete Account” button at the bottom of the page.
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 feedback@pahapp.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.
Changes to the Privacy Policy
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
1. Never respond to any request to send money, especially overseas or via wire transfer, and report it to us immediately
2. Never give personal information, such as your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.
3. If you are uncertain about a particular person or identify suspicious behaviour, report the user immediately and block them from your account. Keep in mind the type of behaviours that violate our Terms, such as:
§ Asking for money or donations;
§ Requesting inappropriate photographs;
§ Using the platform whilst still under 18 without parental permission;
§ Sending harassing or offensive messages;
§ Behaving inappropriately or illegally;
§ Registering under a name other than your own; and
§ Spamming or soliciting users in an attempt to sell products.
4. Keep your conversations on the platform. Use caution if someone request that you move your conversation to another platform.
