Terms of Use - Learn How Care360 Works with You

Last updated: 18 November 2020

These terms and conditions (Terms and Conditions) form an agreement between Care360 Pty Ltd ACN 609 962 138 (referred to as we, us or our) and an individual registering to be a user of our services (referred to as you or your). You warrant that you have the legal capacity to accept these Terms and Conditions and form an agreement with us.

We provide an aged care search platform on our website (Platform) designed to help all Australians find the right aged care home (Aged Care Home) with full access to all the available information on that facility, and compare any other comparison facility. With the information provided by you through a simple questionnaire on our Platform (Questionnaire), we generate a report presenting up to 10 Aged Care Homes appropriate to your criteria and preferences (Quality of Care Report). In addition we facilitate, with your consent, connections to service providers in real estate sales, aged care placement specialist, accounting, equity release & loans, financial advice, legal, training, funeral services and councillors and/or psychologists. (Channel Partners) to manage services associated with moving into an Aged Care Home (Partner Services).

Please read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies, and obligations. By agreeing to these Terms and Conditions, you acknowledge that you have read and understand these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use our Services. In order to use the Services you must agree to these Terms and Conditions and upon your electronic acceptance of these Terms and Conditions, you will be legally bound by these Terms and Conditions.

If you have any questions or ideas, comments or suggestions relating to the Platform, the Services and/or the Reports (together Feedback), please contact our support team at enquiries@3.107.85.49 (Support Team).

Use and nature of the Services
- Once you have registered an Account, you can access our services (Services), which are categorised into the following two main areas:
  - (Reporting Services):
    - (Find) We collect the information provided in the Questionnaire, and issue you a Quality of Care Report. The commercial terms of the Quality of Care Report will be published on the Platform; and
    - (Follow) If you have chosen to opt-in to the Referral Services set out below in clause (b) and subsequently have chosen an Aged Care Home, we provide you with any updates or changes to the quality measures of the Aged Care Home that you have chosen for as long as you wish, at no cost, whilstever these Terms and Conditions remain on foot. This update will come in the form of an ongoing report (Updated Report) and the Platform will state how frequently we issue you the Updated Report, and the Quality of Care Report and the Updated Report (together, the Reports) will be issued on the terms and conditions of clauses 5.1 to 5.5.

(Referral Services) Subject to your consent, we provide our Channel Partners with your User Information to enable Channel Partners to solicit services associated with moving into an Aged Care Home on the terms and conditions of clauses 1 to 6.3. You have the choice to opt-in to the Partner Services at your own discretion.

We do not act as your agent in respect of the Services or any Partner Services.
To use the Services you are required to register for an account on the Platform (Account).
Account registration requires you to provide certain information, including without limitation, personal information, email and a password (User Information).
We do not own, manage, act as agent for or have any commercial relationship with any Aged Care Home. We do not endorse any Aged Care Home.
We do not act as an agent of any Channel Partner.
We do not have any control over and, subject to clause 1, do not guarantee:
- the existence, quality, safety or suitability of any Aged Care Home; or
- the reliability, accuracy or completeness of any description of an Aged Care Home.
Your obligations
- You warrant that all information that you have provided to us for registration of your Account is true, accurate and up-to-date in all respects. If your details or User Information changes you must notify us immediately. You can update or correct your details or User Information at any time by contacting our Support Team.
- You are responsible for all activity that occurs under your Account. If you suspect that there has been unauthorised access to your Account, please contact our Support Team immediately.
- You are responsible for your use of the Services and your own behaviour as a user of the Services.
- You must not:
  - use the Services for any unlawful purpose;
  - use the Services in any way that interrupts, damages, impairs or makes the Services less efficient;
  - attempt to:
    - transmit any viruses, trojans or other harmful information via the Platform;
    - access the Accounts of other users of the Platform;
    - penetrate any of our security measures; or
    - decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the Platform;
  - engage in any screen scraping or data acquisition and consolidation;
  - perform any act which may damage our reputation or bring our business into disrepute; or
  - advocate, encourage, or assist any third party in doing any of the above.
- You are responsible for obtaining the necessary telecommunication and data services, and acquiring and updating compatible devices, to access and use the Services.
Links to Third Party Platforms
- The Platform often includes hyperlinks to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of our corporate partnerships such as National Seniors Australia. Those third-party websites do not form part of the Platform and are not under our control or responsibility.
- When you link to those websites, you leave the Platform and do so entirely at your own risk. We make no warranties as to the accuracy or reliability of the information contained on any third party websites, and we disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.
Third Party Content
- The Platform contains content provided to us by third parties, including, without limitation, government agencies such as myagedcare.gov.au (Third Party Content).
- The Platform offers unbiased search rankings of Aged Care Homes. However, we do not monitor or verify the accuracy of Third Party Content.
- We are not responsible for, do not endorse and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the reliability, accuracy or completeness of the Third Party Content provided through the Services. Third Party Content does not represent our views. You rely on Third Party Content completely at your own risk. We recommend that you use your discretion when acting on Third Party Content received through the Services.
Reports
- The Reports are generated based on information collected from you and publicly available sources. We do not monitor or make inquiries in relation to the accuracy, completeness or quality of publicly available information sources.
- Subject to clause 1, we are not responsible for, do not endorse and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the reliability, accuracy or completeness of a Report or the Reporting Services or any information provided through a Report. Reports do not represent our views.
- You rely on a Report and the Reporting Services completely at your own risk. We recommend that you use your discretion when acting on a Report and information received through that Report. You agree that you will use the Reports solely as a guide and make your own investigations when making decisions in relation to an Aged Care Home.
- Subject to clause 1, we exclude all liability for loss or damage in relation to:
  - the accuracy, completeness or quality of the information supplied as part of a Report and the Reporting Services; and
  - any decision made by you or any other person using information supplied as a part of a Report and the Reporting Services.
- You acknowledge and agree that we have limited control over the nature and content of the information that is transmitted or received by you or other users of the Reporting Services. We do not monitor such content of the Aged Care Homes in the usual course of business, and to the extent permitted by law, we will not be liable for such content.
Channel Partners
- If you have provided us with consent to undertake the Referral Services, we may provide your User Information to our Channel Partners to enable Channel Partners to solicit Partner Services.
- You acknowledge and agree that we:
  - may earn a referral fee, commission, or other commercial benefit from our Channel Partners in relation to the Referral Services or Partner Services.
  - have used reasonable endeavours to ensure that our Channel Partners are reliable and meet certain service standards. However, we have not taken your individual circumstances into consideration. It is your responsibility to undertake your own investigations of the Channel Partners and decide if a Channel Partner is right for you. Any information we give about, or any way we promote, our Channel Partners is not to be taken as independent advice.
  - are not responsible for and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the Partner Services provided by any Channel Partner or information provided by any Channel Partner. You rely on information provided by and actions undertaken by the Channel Partners completely at your own risk. We recommend that you use your discretion when acting on information received from any Channel Partner.
  - exclude all liability for loss or damage in relation to:
    - the Partner Services or information provided by any Channel Partner; and
    - any decision made by you or any other person as a result of, or in connection with, the Partner Services or information provided by any Channel Partner.
  - You acknowledge that the Channel Partners are solely responsible for identifying and complying with all laws and regulations applying to the use of their services, including obtaining any approvals, permits, authorisations, registrations, licences and certificates.
- Fees
  - It is free to access and register your Account on the Platform.
  - The Platform will state any fees and charges applicable to the Services.
  - If payment of a fee is required for a Report or other Service, payments can only be made by credit card / Pay Pal. We reserve the right to pass on any credit card processing fees to you. These processing fees will not exceed 2%.
- Term and termination
  - These Terms and Conditions commence from the date that these Terms and Conditions are accepted by you, and will continue until terminated in accordance with this clause.
  - You may terminate your agreement with us at any time by closing your Account by contacting the Support Team at enquiries@3.107.85.49.
  - We may terminate these Terms and Conditions and close any Account that you have with us, for any reason, by giving you 30 days’ notice in writing.
  - We may terminate these Terms and Conditions and close any Account that you have with us, immediately and without notice, if you commit a material breach of these Terms and Conditions. When these Terms and Conditions have been terminated in accordance with clause 4, you are not entitled to restore your Account.
  - We reserve the right to suspend, restrict or terminate your access to the Services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms and Conditions or if we are required to do so by law. This does not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
- Intellectual property
  - We grant you a royalty-free, perpetual, non-exclusive and non-transferable licence to use the Reports solely for the purpose of using the Services (IP Licence).
  - You have no right to sub-licence the IP Licence.
  - You acknowledge and agree that the IP Licence grants you no present and future rights in relation to our intellectual property rights (IP Rights), or the intellectual property in or subsisting in Reports or Third Party Content other than the IP Licence.
  - If you provide us with Feedback:
    - all IP Rights in the Feedback, and anything created as a result of the Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
    - we may use or disclose the Feedback for any purpose.
  - Privacy statement
    - We are committed to protecting your privacy.
    - Information with regards to managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is set out in our privacy policy available at http://3.107.85.49/privacy.
    - By agreeing to these Terms and Conditions, you also agree to the terms of our privacy policy.
  - Consumer guarantees, limitation of liability and disclaimers
    - If you are a “consumer” under the Australian Consumer Law, the Services and the Reports come with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights as a consumer. However, we make no express warranties beyond the consumer guarantees.
    - To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from our failure to comply with consumer guarantees is limited, at our absolute discretion, to us supplying the Services or Reports to you again or us paying to you the cost of having the Services or Reports supplied again.
    - Subject to clause 1, we provide the Services and the Reports to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the Services or the Reports, nor do we represent, warrant or provide any guarantee that your access to or use of the Services or the Reports will be uninterrupted or error free. The Services and the Reports are subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any delays, delivery failures or losses or damages which you may suffer as a result of such problems.
    - You acknowledge and agree that we are not liable for:
      - your actions or inactions in your capacity as a user of the Services or the Reports;
      - the actions or inactions of any other users of the Services;
      - loss caused by our breach of these Terms and Conditions which does not arise in the natural and ordinary course of events, or which exceeds $1,000, although we acknowledge that this limitation will not apply if and to the extent that we are also liable for that loss caused by our breach of the consumer guarantees under the Australian Consumer Law;
      - loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of your access and use, or inability to access or use, the Services or the Reports; or
      - a failure to provide the Services or the Reports or meet any of our obligations under these Terms and Conditions where such failure is due to events beyond our reasonable control, including without limitation, a network or third party software failure.
    - Indemnity
      - You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
        any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete; or
        your breach of any applicable laws or regulations.
      - Clause 1 will survive the termination of these Terms and Conditions.
    - Dispute resolution
      - If you wish to:
        provide us with any Feedback;
        make a complaint in relation to the Services or the Reports; or
        make a claim under these Terms and Conditions,

you agree to first Contact our Support Team at enquiries@3.107.85.49.

Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms and Conditions.

General
- Basis of Agreement. These Terms and Conditions and any document expressly referred to in these Terms and Conditions supersede all previous written agreements between the parties as to their subject matter.
- Relationship of the parties. These Terms and Conditions do not form an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties. You are not authorised to make any commitments on behalf of us.
- These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms and Conditions. As set out in clause 8.2, you may terminate your agreement with us at any time.
- No waiver. Any delay by us in exercising a right under these Terms and Conditions does not operate as a waiver of that right. If you breach these Terms and Conditions and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms and Conditions.
- If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- We may amend these Terms and Conditions from time to time by notice to you, including to reflect changes to the Services. Your continued use of the Services following such amendments constitutes your acceptance of the amendments and your consent to be bound by these Terms and Conditions as amended. As set out in clause 8.2, you may terminate your agreement with us at any time.
- Any notice to be delivered by us to you under these Terms and Conditions will be delivered to your registered email address provided in your User Information. Any notice delivered by you to us under these Terms and Conditions will be delivered by you emailing our Support Team at enquiries@3.107.85.49. By agreeing to these Terms and Conditions, the parties consent to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions Act 1999 (Cth).
- Governing law. These Terms and Conditions are governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts operating in Queensland.