Website Terms, Conditions and Notices
Welcome to the carepage.com.au, (formerly agedcarereportcard.com.au website) (the “Website”) and sister company hellocaremail.com.au
This Website is provided solely to assist customers in gathering information on individual aged care providers and/or aged care homes, posting opinions and reviews from the consumer’s perspective, and for no other purposes. The terms “we”, “us”, “our”, “ACRC”, “Aged Care Report Card” and “CarePage”, refer to CarePage Pty Ltd. The terms “we”, “us”, “our” and “HelloCare”, refer to HelloCare Pty Ltd.
The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement.
Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised to use this website. Be sure to return to this page periodically to review the most current version of the Agreement.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a carepage.com.au (formerly AgedCareReportCard.com.au) account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) In order to register for an account and contribute to our website you must be familiar with the nursing home directly or indirectly (iv) you possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, republication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of CarePage. Aged Care Service Information remains at all times the property of the Commonwealth.
To request permission, you may contact CarePage as follows:
Customer Service E-mail: email@example.com
The content and information on this Website (including, but not limited to, ACRC index quality ratings, data, information, text, photos, video, icons, software, code or other material), as well as the infrastructure used to provide such content and information (Content), is proprietary to us.
You agree not to otherwise modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
- use this Website or its contents for any commercial purpose including to advertise or promote and business, products, services or procedures or solicit customers (whether for yourself or on behalf of someone else);
- use another person’s name, account, identity or password without permission, or use the Website while impersonating another person;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- publish, communicate, translate or adapt any of the Content;
- make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
- reverse engineer, dissemble or decompile the Website or any part of the Website;
- directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
- remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
- reformat or frame any part of the pages that form part of the Website;
- use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
- use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party’s rights or is otherwise prohibited by these Terms.
You also agree that no compensation will be paid to you in consideration from any contributions you make to this Website.
Reviews, comments and use of other interactive areas.
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any aged care facility reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively,“Submissions”), you grant CarePage royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that CarePage may choose to provide attribution of your comments or reviews at our discretion. You further grant CarePage the right to pursue at law any person or entity that violates your or CarePage’s rights.
Submissions by a breach of this Agreement
You acknowledge and agree that Submissions are non-confidential and non-proprietary. CarePage does not edit or control the user ratings and reviews posted to or distributed on this Website and will not be in any way responsible or liable for such User comments. CarePage nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Website Content. Without limiting the above you may only post Content (including reviews, blogs, questions, answers, photos and other content) that are based on your true personal experiences. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a) Any message, information, text, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law.
d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CarePage/HelloCare.
e) Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
f) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
g) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
h) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
i) Viruses, corrupted data or other harmful, disruptive or destructive files;
j) Content or links to content that, in the sole judgment of CarePage/HelloCare,
(a) violates the previous subsections herein,
(b) is objectionable,
(c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or
(d) which may expose CarePage or its affiliates or its users to any harm or liability of any type.
k) Without limiting the above you must not use the Website to post any reviews, questions, blogs or other content:
(a) to praise, recommend, describe positive experiences with, or otherwise promote:
(b) your business (or that of your employer or any of your clients); or
(c) any of your products or services (or those of your employer or any of your clients);
(d) (that are fabricated or exaggerate positive results.
The types of reviews we publish include:
(a) Family friendly,(b) Authentic reviews of first hand experience,(c) Relevant to other people searching for care,(d) Constructive,(e)Personal attacks or personal incidents,(f) Use a valid email address or phone number so that if needed can be contact by CarePage to validate the review.
Personal attacks, personal incidents, defamatory remarks on employees, residents or anyone involved with the service be directed to the care provider or the aged care complaints commissioner.
As a provider of interactive services, CarePage/HelloCare is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although CarePage/HelloCare has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, CarePage reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason (including but not limited to editing them so that they comply with these Terms or to make them more reasonable), and you are solely responsible for creating backup copies of and replacing any
Content you post or store on the Website at your sole cost and expense. To the extent that we do edit any Content based on the contribution of a user, we will use reasonable endeavors to not edit such contribution so as to substantively change the intended meaning or underlying message. In addition, we reserve the right to suspend or terminate your user account and/or your access to the Website at any time for any reason, in our absolute discretion, without notice or liability to you.
Aged Care Service Recommendations
CarePage should not be the only source of information a user accesses before agreeing to move into an individual aged care facility. CarePage should only act as a guide and should not replace the following (not limited to); individual facility tours from users seeking alternate accommodation, word of mouth, referrals from health professionals and financial planners before confirming admission into an aged care facility. CarePage urges users to investigate the above listed means in addition to utilising other consumers reviews on the website. CarePage acknowledges that individual consumers have varying needs and expectations for individual aged care facilities, as such individuals ratings and reviews of the same facility may vary from time to time. Therefore it is recommended that the user recognises this and only uses the website as a guide before confirming admissions into permanent or respite care.
CAREPAGE DOES NOT GIVE ANY GUARANTEES AS TO THE SUITABILITY OR OUTCOMES OF DECISIONS MADE BASED ON INFORMATION PRESENTED IN THIS WEBSITE OR ANY OTHER MATTERS MENTIONED OR DISCUSSED ON THE WEBSITE. BY LISTING INFORMATION RELEVANT TO AGED CARE SERVICES CAREPAGE DOES NOT REPRESENT OR WARRANT THAT ‘YOU’ AS THE CONSUMER MAY NOT BE HAPPY WITH YOUR DECISION ONCE YOU HAVE MOVED INTO CARE AS SUCH CAREPAGE IS NOT LIABLE FOR INDIVIDUAL DECISIONS MADE BASED ON OTHER CONSUMERS REVIEWS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AGED CARE REPORT CARD DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY (INCLUDING FOR NEGLIGENCE) FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE INDIVIDUAL AGED CARE FACILITIES, INDIVIDUAL AGE CARE PROVIDERS/OPERATORS/MANAGEMENT TEAM OR OTHER AGED CARE PRODUCTS OR OTHER GOODS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AGED CARE/HOME CARE/ RETIREMENT VILLAGE AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT CAREPAGE’S LIABILITY FOR (I) DEATH OR PERSONAL
INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING, YOU USE THE WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL CAREPAGE COMPANIES (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AGED CARE REPORT CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in this section operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:
(a) contravene that statute; or
(b) cause any term of these Terms to be void,
Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms. Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with the Website or these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
b) we exclude all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with the Website
or these Terms; and
(c) our total aggregate liability under or in any way connected with the Website or these Terms is limited to AUD100.00.
In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not limited under these Terms), our liability to you for a failure to comply with any Non excludable Obligation is limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Indemnification You indemnify and hold us, our employees, officers, agents, and contractors harmless from and against any claims, proceedings, actions, liabilities, costs, expense, loss or damage (“Loss”) suffered or incurred by any of those indemnified where such loss was caused, directly or indirectly, as a result of:
(a) any breach by you of these Terms (or the conduct of any person accessing the Website through your user account which, if done by you, would constitute a breach by you of these Terms); or
(b) any suit, claim or demand brought or made against us by or due to any Contributions posted by you (or by any other person through your user account).
Age and responsibility The Website may only be used by persons who have attained the age of 18. By using the Website, you warrant that you are 18 years of age or over. If you are under the age of 18, you are not authorised to use the Website.
Links to third-party sites
This Website may contain hyperlinks to websites operated by parties other than CarePage. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party website to link your profile on CarePage to a profile on another third party website. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party website) at any time. Intellectual property (including copyright and trademark notices.
As between you and CarePage/HelloCare, we own the intellectual property rights in all Content, excluding Contributions (to which you provide to us a licence – refer to “Reviews, Comments and Use of Other Interactive Areas” above in these terms).
All contents of this Website are: ©2018 CarePage/HelloCare. All rights reserved.CarePage/HelloCare is not responsible for content on websites operated by parties other thanCarePage/HelloCare.CarePage/HelloCare logo and ‘ACRC’ and all other supporting elements (including ACRC Index of Excellence) and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of CarePage/HelloCare and/or its suppliers or licenses, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CarePage/HelloCare or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CarePage/HelloCare and may not be copied, imitated or used, in whole or in part, without the prior written permission of CarePage/HelloCare. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CarePage/HelloCare and Aged Care Report Card.
Intellectual property (including copyright and trademark notices
As between you and CarePage, we own the intellectual property rights in all Content, excluding Contributions (to which you provide to us a licence – refer to “Reviews, Comments and Use of Other Interactive Areas” above in these terms).
All contents of this Website are: ©2018 . All rights reserved. CarePage is not responsible for content on websites operated by parties other than CarePage. CarePages logo ‘CarePage’ and all other supporting elements (including Hellocare, Aged Care Report Card and ACRC Index of Excellence) and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of CarePage and/or its suppliers or licenses, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CarePage or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CarePage and may not be copied, imitated or used, in whole or in part, without the prior written permission of CarePage. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CarePage.
Notice and Take-Down Policy for illegal content
CarePage/HelloCare operates on a “notice and takedown” basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Once this procedure has been followed CarePage/HelloCare will make all reasonable endeavours to remove illegal content within a reasonable time.
CarePage/HelloCare may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended
Terms and Conditions.
Aged Care Report Card may change, suspend or discontinue any aspect of the Aged Care Report Card service at any time, including availability of any feature, database or content. Aged Care Report Card may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Aged Care Report Card website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF AGEDCAREREPORTCARD NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and CarePage/HelloCare with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CarePage/HelloCare with respect to this Website.These Terms and Conditions are available in the language of the Website.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
These Terms are governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction of the courts of Victoria, Australia.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org