Complete registration
1. Your Plan
2. Billing Cycle
3. Family Information
4. Payment Information
Select Your Plan
Succession
30-day free trial
For people who want to store information about themselves or the person they care for. It replaces that diary or black book where you keep all that personal information and allows you to share it with other people. For anyone with a disability. 
5/Month or 55/Year
3 Users Access
Invoice
30-day free trial
Includes all features from Succession plan and adds the ability to enter receipts and invoices including the ability to track those costs in your NDIS plan. Great for people who are self managing and want to manage their own bookkeeping.
25/Month or 275/Year
3 Users Access
Staff
30-day free trial
Includes all features from Succession and Invoice plans and adds the ability to schedule and pay staff and/or contractors including the ability to track those costs in your NDIS plan. Great for people who are self managing and employ staff directly.
30/Month or 330/Year
5 Users Access
Terms of Use
TERMS OF USE OF OUR WEBSITES BY SUBSCRIBERS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “Create Family” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.
TERMS OF USE OF OUR WEBSITES BY SUBSCRIBERS

These terms and conditions (‘Terms’) apply to the use of this Website and our Services. In using the websites and our Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the websites.

These Terms may be amended at any time.  Notification of the amended terms may be sent to you by email or as a general notice posted to each Subscriber account.  The amended Terms will then take effect from the next time you log into the websites or use the websites.  If you do not agree with the amendments, then you must stop using your account and the websites.  Your continued use of the websites and Services is subject to our current Terms as amended from time to time.


DEFINITIONS

“Australian Privacy Principles”
 means the guiding principles for the collection, storage and use of personal information required by the Privacy Act 1988 (Cth).

“Content” means any and all text, photographs, videos or other information or material.

Documentation” means information contained in the user guides, operating manuals and web sites provided by Ability8 with the Ability8 Platform or otherwise made accessible to the Subscriber and any User to access and use the Family Portal, which documentation may be revised from time to time.

“Family Portal” means the data store/database of information created by the Subscriber that provide the profile about any family members needing specialised and specific care and contains information about the specialised and specific care that family members needs in their day to day life.

“health information” means:

(a)    information or an opinion about:
(i)    the health, including an illness, disability or injury, (at any time) of an individual; or 
(ii)    an individual's expressed wishes about the future provision of health services to the individual; or
(iii)    a health service provided, or to be provided, to an individual;
that is also personal information;
(b)    other personal information collected to provide, or in providing, a health service to an individual;
(c)    other personal information collected in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances; and
(d)    genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

“health service” has the same meaning as set out in section 6FB of the Privacy Act 1988 (Cth).


“Ability8 Platform” or “Outsystems Platform” means the Platform-as-a-Service (PaaS), including its Updates and Documentation, on which the Family Portal is hosted and from which the Family Portal is accessible by the Subscriber and any User.

“personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b)  whether the information or opinion is recorded in a material form or not.

“related bodies corporate” has the same meaning as provided in the Corporation Act 2001 (Cth).

“sensitive information” has the same meaning as set out in the Privacy Act 1988 (Cth).

“Services” means the services we provide on the websites and through our data management technologies including tools that allow you to manage the services provided to by Third Party Services Providers.

“Subscription Fees” means the fees charged for access to the websites.

 “Subscriber” means a subscriber to the Services on this website.

“Subscriber Data” shall mean all electronic data or information, including personal information, sensitive information, health information and Content that is submitted by Subscriber or any User to the Family Portal.

“OutSystems”
 means OutSystems Platform Singapore Pte Ltd. with data hosted in AWS data centre Sydney Australia.

“the websites” means https://ability8.outsystemsenterprise.com www.ability8.com.au and www.ability8.com and any applications used and located at these web addresses.

“Third Party Service Providers” means any providers or goods or services, which are not our related bodies corporate, whose services you may access or acquire using the websites, which includes OutSystems.

“Third Party Service” means any service that you may access or acquire from any Third Party Service Providers using the websites and includes any equipment or other goods that you may access or acquire from any Third Party Service Providers.

“Update” means a modification made by us or any Third Party Service Provider to the Software and provided to the Subscriber or any User.

“User” means any siblings, family members, teachers, carers, therapist, doctors or any other person whom the Subscriber allows to access the Family Portal or websites.

“We”“our” and “us” means Ability8 Pty Ltd (ABN 46 609 683 392).

“You” and “your” means the Subscriber to our Services and any User allowed to access the Family Portal and websites (or both).

ROLE OF THE WEBSITE

We facilitate the opportunity for the interactions between Subscribers, Users and Third Party Service Providers. It also allows Subscribers to give access to nominated Users who are family members, helpers, assistants or otherwise agreeing to these Terms.

We also provide data management tools to allow Subscribers to access and manage personal data and access Third Party Services or acquire services from Third Party Service Providers.

YOUR USE OF OUR WEBSITES

Access to the Services provided on the websites requires you to register on the websites. To be eligible to gain access, and to continue to have access to our Services, you agree to the following:

•    You must keep your log-in name and password in a secure place and you must not allow any unauthorised person to use your log-in name and password to gain access to any of our Services;

•    You are responsible for any costs incurred as the result of any unauthorised access to our websites using your password or login details and you should contact us if your password or login details is misused so that we can take steps to secure your account;

•    You are responsible for any User you may grant access to the Services and websites and agree to indemnify and take over any claim that may result directly or indirectly from any User; and

•    You are responsible for the use of your password and login details of any User that you permit to use your log-in name and password to access the website.

Ability8 PLATFORM

Subject to these Terms and as part of your subscription to our Services, you are permitted to access and use the Family Portal on the Ability8 Platform.

You may not (and will not allow any User to):

(a)    purport to sell, rent, lease, license, sublicense, distribute, pledge, assign or otherwise transfer in whole or in part any interest in the Ability8 Platform to another party;
(b)    provide, disclose, divulge or make available to, or permit use of the Ability8 Platform in whole or in part by any third party without our prior written consent except for any User who has agreed to our terms of access to the Ability8 Platform;
(c)    install or use the Ability8 Platform in a manner that circumvents or interferes with the operation of the technological measure that controls the access to the Software;
(d)    modify, translate, adapt or create derivative works based on the Ability8 Platform;
(e)    export or re-export the Software or any derivative work thereof;
(f)    remove or modify any Software markings or any notice of Ability8’ proprietary rights;
(g)    use the Ability8 Platform to develop, test, host, or run and operate applications on behalf of third-parties to this agreement;
(h)    use the Ability8 Platform to provide third party training;
(i)    disclose results of any Ability8 Platform benchmark tests to any third party to this agreement;
(j)    use the Ability8 Platform in any way that is contrary to these Terms; and
(k)    use Ability8 Platform for any unlawful purposes.

Subject to the applicable law and to any exclusions or limitations to the following actions that are expressly permitted by applicable law, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from the Ability8Platform.

As necessary to provide you with access to the Family Portal and to use the Ability8 Platform, and limited to such purpose only, you grant us the right to host, copy, transmit and display your Subscriber Data during the time you are a subscriber to our Services, and we are permitted to grant OutSystems the same rights in relation to the Subscriber Data.

If you terminate your subscription to our Services, you are permitted to access your Family Portal and retrieve an export file via the “Deactivate Family” button of your Subscriber Data from the Ability8 Platform.

PERSONAL INFORMATION AND PRIVACY

Where Subscribers are required to provide information, you agree:

(a)      to provide true, accurate, current and complete information about as requested during the registration process or in completing the information in the Family Portal; and
(b)     to maintain and promptly update such information to ensure it is up-to-date, complete and accurate at all times.

We, at all times, abide by the Australian Privacy Principles. Please refer to our full Privacy Policy for details of how we collect, store and use personal information, sensitive information and health information.

Access to the Family Portal is controlled by the Subscriber who can give access to the Family Portal to Third Party Service Providers and Users via “relationships” which are profiles of people who will access the stored data. These relationships can have different access levels depending on the trust level within the relationship.

Our personnel do not have access to the Family Portal and the associated email except those personnel authorised to carry out normal database maintenance, attend to fault correction or for other technical reasons.

OPERATION OF THE WEBSITES 

You acknowledge that the websites use third party suppliers and hosting partners to provide the necessary software, hardware, data sources and data storage facilities.

We will use our best endeavors to ensure the websites and Services always available and virus free but from time-to-time, however in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the websites or Services becomes unavailable for any lengthy and unusual time period.

You agree you will not do any of the following:

•    up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to your Family Portal; or
•    use any robot, spider, scraper or other automated means to perform searches on our websites.

PAYMENT FOR USE OF THE WEBSITES

The payment arrangements for access to the websites in on a subscription basis with the payment of either monthly or annually Service Fees.

Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service Provider.

PAYMENT METHODS

We accept:

•    All major credit cards including Visa and MasterCard;
•    All major debit cards issued by major Australian financial institutions;

Your payment transaction will be processed as you complete the request for Services on the websites (registration process), because we do not store your credit or debit card information at any point in the transaction in order to protect the security of your card information.

CANCELLATION AND TERMINATION OF YOUR ACCESS TO THE WEBSITE

If you want to cancel your subscription to our websites, you must use the “Deactivate Account” feature within the Family Portal or inform us in writing by email so that we can deactivate your account or terminate your account.

You agree that we may, in our sole discretion, terminate or suspend your access to the websites with or without notice and for any reason, including, without limitation:

•    your breach of these Terms;
•    any suspected misleading or deceptive, fraudulent, abusive or illegal activity you engage in, or benefit from, in relation to your use of our websites and/or your use of the Information you obtain from the use of our Services; and
•    your providing false or misleading information when you complete the form to subscribe to the Services provided on our websites or when you change your personal information on our websites.

Upon such termination or suspension, regardless of the reasons, your right to use the websites immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We will not be liable to you for:

(a)    any refund of subscription fees; and
(b)    any claims or damages made by you arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We reserve the right to disclose the name and any other personal information of a Subscriber or User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

DUE DILIGENCE 

Where we are a third party facilitator only to enable Subscribers to access or acquire Third Party Services. We do not guarantee the quality of the goods or services provided by Third Party Service Providers and we are not responsible any representations or information that is provided by Third Party Service Providers.

The Subscriber must independently verify and make their own assessment of the skills and experience of any Third Party Service Providers in relation to the Third Party Services that the Subscriber may acquire or access through the websites and determine whether the Third Party Services are suitable for the personal situation of the person who is to receive the Third Party Services.

LIABILITY 

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).  

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality data sources on our websites, we make no representations or warranties of any kind, express or implied, about:

•    the completeness, accuracy or reliability of the Information you obtain from the use of our Services; or

•    whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by and Third Party Service Provider and/or information made available to you through or facilitated by the websites.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our websites or our Services, including, but not limited to, loss or corruption of Subscriber Data. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

(a)    The supply of any services again; or
(b)    The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

WARRANTIES

You represent and warrant that:
(a)    you will not use, and will not permit use of, the Services in a manner that violates any applicable law or regulation of any state or territory of Australia or any law or regulation of the Commonwealth of Australia;
(b)    you will not misuse, abuse, or use personal information, sensitive information, health information or any Content on our websites for your own financial benefit or use such information or Content for any purpose that is misleading or deceptive, fraudulent, abusive or illegal; and
(c)    you will indemnify us and take over any claim from any User or third party that may result from your direct or indirect use of our Services.

MEDIATION AND DISPUTE RESOLUTION

All disputes arising out of any legal claim arising from any dealings or arrangements between Subscribers and the Third Party Service Providers are directly between Subscribers and the Third Party Service Providers and Subscribers hereby waive any legal claims against us that arise directly or indirectly from any dealings or arrangements between Subscribers and the Third Party Service Providers.

All disputes arising out of any legal claim arising from any dealings or arrangements between Subscribers and Users are directly between Subscribers and the Users and Subscribers. We are at no time to be involved and all Subscribers fully indemnify us against any claim from any User to whom you have given access or provided use of the Services.
We encourage Subscribers to try and resolve disputes directly or through mediation provided by a provider of alternative dispute resolution (ADR) services. The Users are responsible for paying any costs associated with the ADR service in accordance with the terms and conditions of the ADR service.

INDEMNITY

You hereby indemnify Ability8 Pty Ltd and its directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives and its data providers against any and all claims, liabilities, damages, losses, costs and expenses (including legal costs and expenses) arising out of or relating to any breach or alleged breach of any term, condition or warranty contained in these Terms. This indemnity survives the expiration or termination of this agreement.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names on the websites are registered trademarks, copyright, trade or service marks of Ability8 Pty Ltd.

All other trademarks or service marks within the websites are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including, but not limited to, the intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on the websites. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

PARTIAL INVALIDITY OF PROVISIONS

If any provision of these Terms is void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provisions of this agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.

NO AGENCY

No partnership, joint venture, employee-employer, principal-agent or other similar relationship is created by this agreement. In particular, you have no authority to bind Ability8 Pty Ltd, its related corporations or affiliates in any way whatsoever. Ability8 Pty Ltd confirms that all Third Party Services that may be promoted on the websites are provided solely by such Third Party Service providers. To the extent permitted by law, Ability8 Pty Ltd specifically disclaims all liability for any loss or damage incurred by any Subscribers or Users in any manner due to the performance or non-performance of such Third Party Services.

GOVERNING LAW

These Terms are governed by the laws of Queensland Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland Australia for determining any dispute concerning these Terms.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any of Services, data sources or any other elements of the website. We will not be liable to you or any third party for any modification when it is required.

MODIFICATION OF THESE TERMS

We reserve the right at any time and from time to time to amend these Terms.

These Terms were last modified on 15th September 2017 and are effective from that date.