These terms form the basis upon which you may use our website, www.findacarer.com.au (referred to as the "site").
The parties to these terms are:
2.1. Find A Carer Pty Ltd ACN 137 559 776 ("us", "we", and "our"); and
2.2. an end user (including anyone who views the site), anyone who uses our site ("you").
3.1. Our site assists carers to find care seekers, and for care seekers to find carers ("permitted purpose").
3.2. In consideration for providing you with a licence to use the site, you agree to only use the site in accordance with these terms.
4.1. We grant you a personal and non assignable licence to use the site.
4.2. Your licence is made up of the following:
4.2.1. this document;
4.2.3. any other policy that we may publish on the site from time to time.
4.3. You must only use the site strictly on the terms of your licence, and only for the permitted purpose.
4.4. A condition of this licence is that:
4.4.1. you may join either as a carer or care seeker;
4.4.3. our advertisers, and other users of the site may send you email from the site;
4.4.4. you have never been convicted of a violent or sexual crime and you are not a registered sex offender;
4.4.5. you may only establish and use one user account with the site;
4.4.6. you are aged 18 years and over;
4.4.7. your use of the site signifies your agreement to these terms (as amended from time to time);
4.4.8. you may not share your account with anyone else.
||you are not a recruiter, recruitment agency, job agency, labour hire or other business or commercial service provider that provides or procures labour or services; and
||you must before (and during) using the site and providing services to anyone as a carer, ensure that you are in full compliance with all applicable laws including all state and territory laws applicable.
4.5. You must ensure that:
4.5.1. all information you provide us in registering to use the site is true and correct, and is at all times kept up to date; and
4.5.2. you comply with all applicable laws.
5. Personal Profiles
5.1. Our site allows you to create a personal profile that is visible to other users of the site.
5.2. We may from time to time specify the fields which you may and must complete in your personal profile.
5.3. We may in our absolute discretion refuse, suspend or cancel the publication of a personal profile.
5.4. Where we allow you to post a personal profile you warrant that:
5.4.1. it fully complies with clause 8;
5.4.2. it is not unlawful;
5.4.3. complies with any other policy we publish; and
5.4.4. contains true and correct information to represent yourself, such as name, age and qualifications.
5.5. We may edit a personal profile for any reason that we deem (in our absolute discretion) appropriate.
5.6. You acknowledge that your personal profile will identify your location to other users of the site on a map.
||We may (but we are not obliged to) audit carers from time to time to ensure compliance with this licence and to verify that they have the qualifications they purport to hold.
6. Messages and Communications
6.1. The site provides a function to allow you to communicate with other users of the site.
6.2. You may communicate with other members as outlined in clause 6.1, either by way of:
6.2.1. email – an internal electronic messaging platform, which is accessible from your account console;
||SMS - an internal electronic messaging platform, which is accessible from your account console subject to your purchase of SMS credits
||Depending upon your membership to our site we may restrict or limit your ability to use communications facilities referred to in clause 6.2 above.
||Communication with other users of the site is subject to these terms, including any rules or policies that we may introduce from time to time.
6.5. We may view and delete any form of communication where:
6.5.1. we suspect a breach of these terms;
6.5.2. where an account has been inactive for a period of time;
6.5.3. for any other reason that we deem appropriate at our unfettered discretion.
7. External links and Activities
7.1. We may provide you with links to external websites from the site ("External Links"), where we do you acknowledge that:
7.1.1. we do not endorse or recommend such website;
7.1.2. such websites do not form part of our website;
7.1.3. we are not affiliated with, or endorsed (or sponsored) by (unless we expressly say so) the wesbites that we link to;
7.1.4. we do not warrant that:
22.214.171.124. any information contained in such website is true and correct;
126.96.36.199. these external websites do not contain viruses, trojans and other malware.
||We may promote, advertise or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by other parties ("External Activities").
7.3. We may also provide you with External Links for the purpose of External Activities, where we do you acknowledge that:
7.3.1. we do not endorse or recommend such External Activities or External Links;
7.3.3. you participate in any External Activities or use External Links at your own risk;
||such External Activities or External Links do not form part of our website and may be subject to separate terms and conditions;
7.3.5. we do not warrant that:
||we are not liable for any loss, damage or claim arising from External Activities or External Links whether or not such External Activities or External Links are provided by our contractors;
188.8.131.52. any information contained in such website activities or links is true and correct;
184.108.40.206. these external External Links do not contain viruses, trojans and other malware.
8. Acceptable Use / Prohibited Conduct
You must not use the site (or any services provided on the site) to:
8.1. abuse, menace, harass, intimidate or stalk anyone;
8.2. break the law or allow another person to break the law;
8.3. damage property including intellectual property;
8.4. injure anyone;
8.5. mislead or deceive anyone including through the creation of ‘spoof’ websites;
8.6. facilitate the commission of a tort, or breach of contract;
8.7. allow for the misuse of anyone’s confidential information;
8.9. facilitate or engage in any act or omission which is in contravention of the laws regarding Spam including the Spam Act 2003;
||misuse or allow for the misuse of anyone’s personal information, sensitive information or health information, as defined by the Privacy Act 1988;
8.10. interfere with someone else’s computer without their permission;
8.11. allow a minor to appear in, view or access material which is inappropriate (or not classified for minors) for minors;
8.12. send or distribute any virus, worm, trojan or other malicious code;
8.14. interfere with the proper operation of a website, blog, newsgroup, forum or chatroom;
||send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
8.17. control or contribute to a Denial of Service attack;
||use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data;
||operate a service such as a mail server or proxy server, without proper controls to prevent the use of the service by unauthorised third parties for the transmission of data;
8.18. solicit users of the site for anything other than the permitted purpose;
8.19. send, display or publish material which:
8.19.1. is obscene or offensive;;
8.19.2. is defamatory or potentially defamatory;
8.19.3. would contravene anyone’s intellectual property rights;
||is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification; despite anything to the contrary you must not procure another person to do any of the things prohibited under these terms.
9. Intellectual property
||Any intellectual property created while using the site vests solely with the person who created it – but you grant us an unlimited, royalty free licence to use and display anything which you create or post on the site.
||You may not use any of our intellectual property (including anything on our site, our name, logo, or the content of our site) without our prior written approval.
||You must notify us immediately if you become aware of any advertisement or Personal Profile on the site which infringes the intellectual property rights of any third party.
||You may not reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose the information contained on the site or received through the site to anyone without our prior written approval.
||For the purpose of these terms ‘intellectual property’ includes all patents, copyright, registered designs, registered and unregistered trademarks, trade secrets, logos, domain names, know how and confidential information and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967, whether created before or after this agreement, whether existing in Australia or any other country.
10.1. You acknowledge that:
10.1.2. we do not endorse or warrant the content of any Personal Profiles, advertisements, reviews or other content on the site;
||the persons who use the site are not our agents, partners, joint venturers or authorised representatives – they are independent;
10.1.3. we do not have any ability to vet any other users of the site;
10.1.4. you are solely responsible for any relations or involvement you enter into with another user of the site;
10.1.5. to the extent permitted by law we do not warrant that the content of the site is current or error free;
10.1.8. you should never communicate financial information in any Personal Profile;
||we do not offer any service levels for availability of the site, and the site may not be available for various reasons including scheduled and unscheduled maintenance;
||connection to the internet poses risks, we cannot guarantee the security of all information in your Personal Profile or your communications such as email;
10.1.9. you should not rely upon the content of the site for any type of advice;
10.1.11. we are not obliged to intervene in disputes between users of the site – but may do so at our absolute discretion.
10.2. You must accept use of the site from us subject to these acknowledgements.
10.3. You release us from all losses and claims in respect of, or arising out of, such matters you acknowledge or their consequences.
11. Limitation of liability and indemnity
||Except for any express warranties in these terms and, to the extent permitted by law, we disclaim all express and implied warranties in relation to the site and any service on it.
||In the case of any breach of these terms (or any other part of the licence to use the site), or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
11.2.1. if the breach or negligence relates to goods –
replacement of any goods involved or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
11.2.2. if the breach relates to services –
supplying of the services again; and
the payment of the cost (for the period of the breach) of having the services supplied again.
||In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income, loss of profit, loss of bargain that you or anyone else may suffer.
||To the maximum extent permitted by law, you indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
11.4.1. any act or omission;
11.4.2. any breach of any law;
11.4.3. any breach of these terms;
11.4.4. any unauthorised use of a service offered by the site – by you or anyone using the site.
||We may use your personal information for promotional and marketing purposes until you request to opt out of receiving such information.
||You also consent to us sending you email to advise you of changes to the site or to market the site, our services to you or the goods or services of our advertisers.
||Where you obtain personal information or sensitive information through the use of the site, you must destroy that personal information within a reasonable time after you have used it for a purpose permitted by these terms.
13.1. If you choose to join our site as a care seeker then you must pay us our then current fee as set out on the site.
||No cash refunds will be given. If the site is down, care seeker accounts will be credited with the same amount of time the site was down.
14. Termination / Suspension
14.1.2. where you breach these terms; or
||In addition to any other right we have under these terms, we may terminate or suspend your licence to use the site at anytime:
where you fail to pay us money, where you make a payment through an unauthorised or unlawful payment method or chargeback money you have paid us; or
14.1.3. where we receive a complaint about you; or
14.1.4. for any other reason we deem appropriate;
||In addition to any other right of termination we may terminate your licence to use our site at anytime where we wish to discontinue our site or redevelop our site.
||You may terminate your account with us at anytime, but where you do, any fees you have paid are forfeited, to the extent permitted by law.
15.1. Either party may give notice:
15.1.1. by email through the Contact Us page on our site;
||by ordinary mail or hand delivery, in our case to the current postal address indicated by our web site contact details page – and in no other way.
15.2. A notice is deemed to be served:
15.2.1. if it is mailed: before noon on the second business day after posting;
||if it is emailed during business hours upon the email leaving the sender’s mail server, and if outside business hours 9am on the next business day;
15.3. Until we otherwise advise you in writing our address for service by mail is:
Findacarer Pty Ltd
PO Box 688
Berwick VIC 3806
15.4. Any notice that is given must be in the English language.
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed without affecting the remainder of the agreement.
17.1. Subject to clause 17.2, this agreement and any contract arising under it is governed exclusively by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.
17.2. Where the law gives you a right to bring a proceeding in any other state of Australia, then clause 17.1 does not in any way limit that right.
No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
19.1. We may amend at any time without notice:
19.1.1. these terms; and
19.1.2. any other document which forms part of your licence to use our site.
19.2. It is your responsibility to regularly review these terms.
20.1. Headings and footnotes are only for convenience. They are to be ignored when interpreting the agreement.
20.2. A reference to the singular includes the plural and vice versa.
20.3. Clauses 11 and 12 do not merge upon termination of this licence.
20.4. There is no significance in the use of gender-specific language.
20.5. A "person" includes any entity which can sue and be sued.
20.6. A "person" includes any legal successor to or representative of that person.
20.7. A reference to a law includes any amendment or replacement of that law.