Terms & Conditions

MARKETPLACE TERMS AND CONDITIONS

Care Nation Pty. Ltd. t/a CareNation ABN 62 601 420 535 (referred to as CareNation) provides an introductory service between care seekers who are seeking home care or health care services (Care Seeker) and home care professionals/care givers who are able to provide home care or health care services (Care Giver); and a time logging and invoicing platform (collectively, the Services). The Services are available on the CareNation website at www.carenation.com.au (Site).

1.Contract

(a) These Marketplace Terms and Conditions (Terms) form a binding legal agreement between CareNation, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (referred to as the User). By using the Site and Services, the User agrees to comply with and be legally bound by these Terms. Please read these Terms carefully. If there are any questions, the User is encouraged to contact CareNation at the contact details at the end of these Terms.

(b) The User’s use of the Sites and/or Services indicates that the person:

(i) has had sufficient opportunity access the Terms and contact CareNation;

(ii) has read, accepted and will comply with the Terms;

(iii) has legal capacity to enter into a contract for sale; and

(iv) is eighteen (18) years or older.

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

(c) These Terms may be amended from time to time. CareNation will give Users 14 days’ notice via email prior to the change. Use of CareNation Services following any such amendments will be deemed to be confirmation that the User accepts those amendments and it is the User’s obligation to ensure that they have read, understood and agree to the most recent Terms available on the Site. CareNation recommends that the User check the current Terms, before continuing use of the Services. CareNation’s agents, employees and third parties do not have authority to make changes to the Terms.

(d) These Terms supplement and incorporate:

(i) The CareNation policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site;

(ii) The Humanity.com Inc. Terms of Service available at www.shiftplanning.com/terms; and

(iii) the Stripe Terms of Service.

(e) CareNation’s Privacy Policy sets out how personal information is collected, used and protected. CareNation’s Website Terms of Use govern your use of the Site. These documents are available on the Site. Each User agrees to comply with the Privacy Policy regarding the handling of personal information and sensitive information provided by other Users.

2. Introductory Service Only

(a) The Site and the Services provide an online introductory platform for Care Seekers and Care Givers, through which Care Seekers will be able to: (i) view Care Giver’s Profiles; (ii) contact a Care Giver via the Site’s online messaging system to request the Care Giver’s home care or health care services (Care Giver Services); and (iii) post a job listing (Listing) requesting Care Giver Services and Care Givers will be able to: (i) view Listings; and (ii) contact a Care Seeker via the Site’s online messaging system to apply for a job set out in the Care Seeker’s Listing.

(b) The Site and the Services also make available, at the option of Users, a time logging and invoicing platform that enables Care Givers to record time spent and to invoice Care Seekers they have an agreement with for their services (Shiftplanning Service). If a Care Giver and Care User agree between themselves to use the Shiftplanning Service the Care Giver will log their time and invoice the Care Seeker through the Site and the Care Seeker may approve or reject any such invoices through the Site as agreed between the Care Giver and Care Seeker.

(c) A Care Seeker must set out all relevant information in a Listing, such as what type of Care Giver Services are required, when the Care Giver Services are required (time, dates and duration), the suburb and city in which the Care Giver Services will be required, the fee offered for the Care Giver Services, any requirements or preferences in respect of the Care Giver (e.g. they must have a valid working with children check or specific certifications or licences) and any other terms and conditions applicable to the offer. A Care Giver is responsible for its Listing and assumes all liability in relation to such.

(d) Each User must create a profile as per information requested on the Site (Profile).

(e) Care Seekers cannot see the Profiles or Listings of other Care Seekers.  Care Givers cannot see the Profiles of other Care Givers or Care Seekers unless the Care Seeker has posted a Listing.

(f) Each User understands and agrees that the Site is an online introductory platform only, and that CareNation’s responsibilities are limited to facilitating the availability of the Site and the Services.

(g) CareNation is not a party to any agreement entered into between a Care Seeker and a Care Giver.  CareNation is not a referrer or booking agent, and provides no such related services. CareNation has no control over the conduct of the Care Seeker, Care Giver and any other users of the Site and the Services.  CareNation disclaims all liability in this regard, as set out in these Terms

(h) Any arrangement between a Care Seeker and a Care Giver is solely between the Care Seeker and the Care Giver.  It is strictly and expressly not part of the User’s agreement with CareNation.

3. Online Registration

(a) Each User may only have one (1) account on the Site including a Profile (Account).

(b) Basic information is required when registering on our Site either as a Care Seeker or Care Giver. Both Care Seekers and Care Givers are required to provide the requested information.

(c) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  CareNation reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to CareNation, proves to be inaccurate, not current or incomplete.

(d) Information that is created when a Care Seeker or Care Giver registers, and any subsequent information that is provided by the Care Seeker or Care Giver, is stored in servers within Australia, which have their own security protocols, including firewalls and surveillance.

(e) It is the User’s responsibility to keep its Account details and password confidential.  The User is liable for all activity on its Account, including purchases made using its account details.  The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

(f) The User will immediately notify CareNation of any unauthorised use of its Account.

(g) CareNation does not store any credit card information.

4. Payments

(a) Fees for Care Givers and Care Seekers will differ.

(b) Care Givers are not required to pay any fees for registering on the Site.

(c) Care Givers who chose to use the Shiftplanning Service will be charged a commission as set out on the Site (Shiftplanning Fee)

(d) Care Seekers are required to pay, in advance, a periodic subscription fee as set out on the Site (Subscription Fee) to: (i) register on the Site; (ii) view Listings; and (iii) contact Care Givers via the Site’s online messaging system.  Care Seekers acknowledge and agree that:

(i) to maintain a subscription on the same periodic basis, payment of the then current Subscription Fee must be made to CareNation on the date on which the current subscription expires (Renewal Date), via Stripe, a third party payment processor; and

(ii) if CareNation does not receive payment in full, CareNation will attempt to contact the User via email as soon as CareNation is aware of the payment failure.

Until payment is confirmed, the Account will be de-activated and the Care Seeker will not be able to access the Services.

(e) Each Care Seeker agrees that where a Subscription Fee is payable, payment will automatically be deducted on the Renewal Date.  If a Care Seeker wishes to cancel its subscription or deactivate its Account, he or she must do so prior to the Renewal Date.

(f) Each Care Giver agrees that where a Shiftplanning Fee is payable, payment will automatically be deducted from the amount invoiced to the Care Seeker when the relevant invoice is payed (Invoice Date).

(g) Each Care Seeker and Care Giver agrees to pay the relevant Subscription Fees and Shiftplanning Fees (together the Fees), in the currency specified on the Site, at the time that it applies for a subscription or on the Renewal Date or Invoice Date, as applicable

(h) Goods and Services Tax (GST) will be charged where applicable.

(i) Users must not pay, or attempt to pay the Fees through any fraudulent or unlawful means.  If the User’s payment is not able to be successfully processed then the request for a subscription or any of our subscription-based Services may be cancelled.

(j) In the absence of fraud or mistake, all payments made are final and the Care Seeker shall not have the right to cancel its purchase for any reason and further each Care Seeker agrees to satisfy all such payments made.

(k) CareNation’s pricing structure or payment methods may be amended from time to time at its sole discretion.

5. Profiles

(a) Care Givers who have created an Account must create a Profile.  The Profile will be created from personal information that is provided to CareNation. The Care Giver may, at its discretion, provide CareNation with an existing police background check (which must be less than 6 months old) or complete a new background check using a third party service provider, whose details (including a link to their website) can be found on the Site.  CareNation is not responsible or liable for:

(i) any inaccurate information or errors contained in the results of any background checks performed by any third party provider; or

(ii) any loss or damage that occurs to a User, directly or indirectly, as a result of any background checks performed by any third party provider.

A Care Giver need not provide a background check but if they do and CareNation approves such background check they will receive a certification icon on their Profile showing that they have done so.

(b) Notwithstanding sub-clause 5(a) above, CareNation does not verify Care Giver background checks at any point after the initial verification at registration performed, if any, in accordance with sub-clause 5(a). It is the responsibility of the Care Seeker to ensure that the background check of any Care Giver is current at the time the Care Seeker chooses to enter into an agreement with that Care Giver.

(c) Care Seekers who have created an Account must create a Profile.  The Profile will be created from personal information that is provided to CareNation

(d) Each User agrees to provide accurate, current and complete information during the registration process, and to update its information to keep it accurate, current and complete.

(e) Each User acknowledges and agrees that he or she is responsible for its Profile.

(f) CareNation reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts and/or Profiles that CareNation, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

6. Care Givers

(a) Care Givers can access the Site to view Listings and to contact Care Seekers via the Site’s online messaging system to apply for jobs set out in Listings.

(b) If a Care Giver contacts a Care Seeker and is asked to perform Care Giver Services for that Care Seeker, any agreement entered into is between the Care Seeker and Care Giver.  CareNation is not a party to the agreement.

(c) Each Care Giver acknowledges and agrees that they are not permitted to share the contact information of any Care Seekers with another User.

(d) Each Care Giver represents and warrants that it has the necessary Australian Business Number to provide its Care Giver Services and has made its own arrangements to ensure adequate insurance coverage (including, if applicable, public liability insurance) is effective  and maintained in relation to the Care Giver Services.

(e) Each Care Giver acknowledges and agrees that any communications entered into with a Care Seeker is at his or her own risk.  CareNation does not provide the Care Seekers and cannot guarantee that these Care Seekers have genuine intentions.

(f) Each Care Giver should report to CareNation, any activities or requests of Care Seekers which are, or which the Care Giver reasonably believes to be:

(i) suspicious;

(ii) inconsistent;

(iii) illegal; or

(iv) likely to have a negative effect on the reputation of the Site, Services and/or User.

(g) Each Care Giver represents and warrants that any content that it provides and Profile that it posts:

a. will not breach any agreements it has entered into with any third parties;

b. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Care Giver in its local area and country; and

c. will not conflict with the rights of third parties.

(h) For the avoidance of doubt, CareNation assumes no responsibility for a Care Giver’s compliance with any applicable laws, rules and regulations.

7. Care Seekers

(a) Care Seekers with an Account can access the Site to view Care Givers’ Profiles, contact Care Givers via the Site’s online messaging system to request Care Giver Services and post Listings requesting Care Giver Services.

(b) Each Care Seeker acknowledges and agrees that whilst a Care Giver’s Profile may include a police background check (as reflected by the existence of a certification icon on their Profile), CareNation cannot guarantee the completeness, accuracy, currency or reliability of the background check and that the Care Seeker must conduct its own background research in relation to the Care Giver.

(c) If a Care Seeker requests Care Giver Services, any agreement entered into is between the Care Seeker and Care Giver.  CareNation is not a party to the agreement.

(d) Each Care Seeker acknowledges and agrees that they are not permitted to share the contact information of any Care Givers with another User.

(e) Each Care Seeker acknowledges and agrees that any communications entered into with a Care Giver are at his or her own risk.  CareNation does not provide the Care Giver and cannot guarantee that these Care Givers have genuine intentions.

(f) Each Care Seeker should report to CareNation, any activities or requests of Care Givers which are, or which the Care Seeker reasonably believes to be:

(i) suspicious;

(ii) inconsistent;

(iii) illegal; or

(iv) likely to have a negative effect on the reputation of the Site, Services and/or User.

(g) Each Care Seeker represents and warrants that any content that they provide and any Profile and Listing that they post:

i. will not breach any agreements it has entered into with any third parties;

ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Care Giver in its local area and country; and

iii. will not conflict with the rights of third parties.

(h) For the avoidance of doubt, CareNation assumes no responsibility for a Care Seeker’s compliance with any applicable laws, rules and regulations.

8. Offers and Promotions

(a) CareNation may, from time to time, make offers or promotions, which may be applicable to the Services.

(b) The conditions of such offers or promotions will be specified on the Site.

(c) The User acknowledges and agrees that CareNation may, at its sole discretion, remove or extend any offers or promotions, and CareNation will not be responsible nor liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

9. Ratings

(a) Care Seekers and Care Givers who have entered into an agreement regarding the provision of Care Giver Services will be able to provide a star rating (Rating) of each other.

(b) Once a Rating has been provided, the Rating cannot be amended by a User and will be viewable to the general public.

(c) Ratings will remain viewable for as long as the Care Seeker or Care Giver has an active Account.

(d) Each Care Seeker and Care Giver must provide true, fair and accurate information in any Rating, and must not intentionally create any false or unfavourable Ratings which may unfairly negatively effect the reputation of the recipient of the Rating.

(e) CareNation reserves the right to delete or amend a Rating at any time.

(f) CareNation does not undertake to review each Rating and has no responsibility or liability for any Ratings to the extent permissible by law.

(g) CareNation will not be liable for any technical difficulties which result in any Ratings being viewed by any unintended person(s).

10. Dispute Resolution

(a) By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omission of a Care Seeker, Care Giver, or other third party (including third party service providers), will be limited to a claim against the Care Seeker, Care Giver, or other third party (including third party service providers), who caused harm to him or her.  CareNation encourages Users to communicate directly with the relevant Care Seeker, Care Giver or third party (including third party service providers) to resolve any disputes.

(b) CareNation welcomes feedback from its Users.  CareNation seeks to resolve concerns quickly and effectively.  If any User has any feedback or question about the Services, please contact any member of the staff.

(c) If there are any complaints from a User, CareNation will aim to respond and provide a suitable solution within 45 days.  If a User is not satisfied with CareNation’s response, the User and CareNation agree to the following dispute resolution procedure:

(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The User and CareNation agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or CareNation may refer the matter to a mediator.  If the User and CareNation cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

11. Cancellation of Subscription

(a) A Care Seeker may cancel its subscription at any time by contacting CareNation using the contact details set out below.

(b) If a Care Seeker cancels its subscription, it will not receive a refund of any Subscription Fees already paid.  CareNation will not deduct any further Subscription Fees.

12. Refund Policy

(a) If CareNation terminates the Site or Services at any time and for any reason it may, at its sole discretion, offer a Care Seeker a full or partial refund of any Subscription Fees already paid, subject to reasonable deductions of CareNation’s administrative fees and third party service provider charges.

(b) Any cancellation or refund in respect of a Care Giver Service is strictly a matter between the Care Giver and the Care Seeker.

13. Consumer Guarantees

(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights).  Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees

(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from CareNation: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.  To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

14. Copyright and Intellectual Property

(a) The Site contains material which is owned by or licensed to CareNation (or its affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content).  CareNation and all material used in connection with the Site are unregistered or registered trademarks of CareNation.

(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to CareNation (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; Site content, images and layout.

(c) The User agrees that, as between the User and CareNation, CareNation owns all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights.  CareNation owns the copyright which subsists in all creative and literary works displayed in the Site and Services.  The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by CareNation or the owner of the content.

(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(e) CareNation’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CareNation or the applicable trademark holder.

(f) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of CareNation or the applicable trademark holder.  Users may not do anything which interferes with or breaches the Intellectual Property rights.

15. User Licence

(a) Subject to these Terms, CareNation grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation.  All other uses are prohibited without CareNation’s prior written consent.

(b) The right to use the Site and Services is licensed to the User and not being sold to the User.  A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

16. Permitted and Prohibited Conduct

The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and Services.  In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

(a) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms.

(b) register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;

(c) use the Services to find a Care Giver and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to CareNation’s provision of the Services;

(d) use the Shiftplanning Service to log time or invoice Care Seekers, then arrange payment or attempt to arrange payment independent of the Services in order to circumvent the obligation to pay Shiftplanning Fees to CareNation;

(e) submit any false or misleading information;

(f) as a Care Giver, offer any Care Giving Services that it does not intend to honour or cannot provide;

(g) as a Care Seeker, make any offers to the Care Giver that it does not intend to honour or cannot provide;

(h) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

(i) copy, store or otherwise access any information contained on the Site and Services or Content for purposes not expressly permitted by these Terms;

(j) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(k) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(l) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

(m) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

(n) use, display, mirror or frame the Site or any individual element within the Site, Services, CareNation’s name, any CareNation trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CareNation’s express written consent; or

(o) advocate, encourage, or assist any third party in doing any of the foregoing.

17. Content

(a) The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries.  The User acknowledges and agrees that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CareNation and its licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.

(b) The User must not post, upload, publish, submit or transmit any content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) is fraudulent, false, misleading or deceptive;

(iii) denigrates the Site, Services, a Care Seeker, or a Care User;

(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or

(vii) promotes illegal or harmful activities or substances.

18. User Content

(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content).  By making available any User Content on or through the Site and Services, the User grants to CareNation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services.

(b) CareNation will not sell or make available any User Content to external parties that are not associated with the operations and functions of the Services.

(c) The User agrees that it is solely responsible for all User Content that it makes available through the Site and Services.  The User represents and warrants that:

(i) it is either are the sole and exclusive owner of all User Content that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to CareNation the rights in such User Content, as contemplated under these Terms; and

(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or CareNation’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) CareNation may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

19. Disclaimers

(a) CareNation does not guarantee that Care Givers and Care Giver Services will be requested by any Care Seeker, nor does CareNation guarantee that Care Seekers will be able to find desirable Care Givers

(b) CareNation does not endorse any Care Seeker, Care Giver, Profile, Listing or Care Giver Services. CareNation requires Care Seekers and Care Givers to confirm that they have provided accurate information.  Although CareNation may display a certification icons on the Profiles of Care Givers who have provided background checks, CareNation does not endorse or guarantee the completeness, accuracy or reliability of any background check.  In addition, CareNation does not perform any independent background checks of Care Seekers or Care Givers, and does not confirm any Care Seekers or Care Giver’s identity, Profile, Listing or Care Giver Services. It is the User’s responsibility to carry out its own background checks.

(c) CareNation cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Care Giver or Care Giver Services.  Users are responsible for determining the identity and suitability of other Users that they contact via the Services.

(d) CareNation accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site.  CareNation disclaims any and all liability related to any and all Care Seekers, Care Givers, Profiles, Listings and Care Giver Services.

(e) All information on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute any professional, financial, medical, legal or other advice.  CareNation expressly disclaims any and all liability concerning any treatment, action by, or effect on any User following the information offered or provided within or through the Site or by its Users.  Users should consult with an appropriately trained specialist for all health conditions and concerns that require professional or medical advice.

(f) CareNation takes the safety of its Users very seriously.  When interacting with another User, CareNation recommends that Users exercise their discretion and judgment and remain cautious.  When a User is meeting another User in person, CareNation recommends the following action be taken by the User, a minimum:

i. check the identification of the other User;

ii. conduct your own background research in respect of the other User.  If you are a Care Seeker, please be aware that whilst some Care Givers include a background check on their Profile, CareNation cannot guarantee the completeness, accuracy or reliability of the background check;

iii. meet for the first time in a safe public place, during daylight hours;

iv. do not consume any alcohol at the meeting;

v. take a friend or family member with you to the meeting;

vi. if you are a Care Giver, provide a friend or family member with full details of where you will be providing the Care Giver Services;

vii. if you are a Care Seeker, provide a friend or family member with full details of your Care Giver; and

viii. do not share or exchange any personal information other than as reasonably necessary for the Care Giver to provide the Care Giver Services and/or financial details unless reasonably necessary to pay for the Care Giver Services.

The above is a guideline only; it is not advice.  Each User is solely responsible for ensuring its safety when meeting up with other Users and excludes CareNation from all liability in this regard.

(f) CareNation is not responsible for the quality of services provided by third party service providers including Stripe and assumes no liability for such.  Any recourse a User has in respect of the services of a third party service provider is against the third party service provider directly.

(g) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Care Seekers or Care Givers or other third parties will be limited to a claim against the Care Seeker or Care Giver or other third party who caused it harm.  CareNation encourages the User to communicate directly with the relevant Care Seeker or Care User on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them

(h) To the fullest extent allowable under applicable law, CareNation disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(i) For the avoidance of doubt, CareNation is not responsible for any taxation, visa or immigration matters associated under these Terms.  CareNation advises that all Users using the Site and Services should seek advice in relation to these matters.

(j) Each Care Seeker and Care Giver who uses the Site and the Services do so at their own risk.

(k) CareNation excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

i. CareNation expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

ii. CareNation does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.) or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

iii. CareNation takes no responsibility for, and will not be liable for, the Site, the Services, the Care Seeker, the Care Giver and Care Giver Services being unavailable, failing to meet the Profile or Listing description, failing to meet the User’s needs, or of being less than merchantable quality; and

iv. CareNation will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, Content, inability to access or use the Site, the Services, the Profile, the Care Giver Services, or the Terms, even if CareNation was expressly advised of the likelihood of such loss or damage.

(l) The User agrees not to attempt to impose liability on, or seek any legal remedy from CareNation with respect to such actions or omissions.

20. Limitation of Liability

(a) CareNation’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to CareNation in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between CareNation and the User.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CareNation.

21. Indemnity

(a) Each User agrees to defend and indemnify and hold CareNation (and CareNations’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b) CareNation reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services.  These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by CareNation without restriction.

22. General

(a) Accuracy:  CareNation will endeavour to keep the information up to date and correct, CareNation makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and CareNation expressly excludes any liability for such to the fullest extent permissible by law.

(b) Termination:  CareNation reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If CareNation decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) CareNation may contact a Care Seekers to inform them of potential alternative Care Giver  Services available from different Care Givers on the Site and Services; and (f) CareNation may contact a Care Givers to inform them of potential alternative Listings by Care Seekers who are looking for similar Care Giver Services on the Site and Services.

(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event CareNation reasonably suspects that there are fraudulent activities occurring within the Site and Services, CareNation reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(d) Force Majeure:  CareNation will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(e) Notice:  Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

(f) Waiver:  Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.  No waiver by CareNation of any of the Terms shall be effective unless CareNation expressly states that it is a waiver and CareNation communicates it to the User in writing.

(g) Assignment:  A User must not assign any rights and obligations under the Terms whether in whole or in part without CareNation’s prior written consent.

(h) Severability:  If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(i) Jurisdiction and Applicable Law:  These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts.  The Site may be accessed throughout Australia and overseas.  CareNation makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.

(j) Entire Agreement:  These Terms and any document expressly referred to in them represent the entire agreement between CareNation and each User, and supersede any prior agreement, understanding or arrangement between CareNation and each User, whether oral or in writing.

 

For questions and notices, please contact:

 

Care Nation Pty. Ltd. t/a CareNation ABN 62 601 420 535

PO Box 643, Spit Junction, NSW, 2088

Email: info@carenation.com.au

 

Last update:        31 January 2017

                                                                           

 

 

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