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1. Acceptance of Terms
1.1 These Conditions of Use (Terms) govern registered user’s or a casual browser’s (the Site User) use of the website located at www.agedcarereviews.com and www.agedcarereviews.com.au (collectively, the Site) and form a binding contractual agreement between the Site User and Aged Care Reviews Pty Ltd ABN 44 166 080 306 (Aged Care Reviews). For that reason, these Terms are important and Site Users should ensure that they are read carefully and contact Aged Care Reviews with any questions before using the Site.
1.2 By completing the registration process or continuing to browse the Site and using Aged Care Reviews’ Services, the User agrees to be bound by the following Terms.
1.3 The Site User may not use the Services and may not enter into these Terms if the Site User:
(a) is not of legal age to form a binding contract with Aged Care Reviews; or
(b) is a person barred from receiving the Services under the laws of Australia or other countries including the country in which the Site User is a resident or from which he/she avails of the Services of the Site.
1.4 If the Site User does not agree to these Terms, they may not access or otherwise use the Site or Services.
2. Changes to Terms
2.1 Aged Care Reviews reserves the right, in Aged Care Reviews’ discretion, to correct any errors or omissions in any part of the Site and Services. Aged Care Reviews may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
2.2 Any material on the Site and Services may be out of date at any given time and Aged Care Reviews is under no obligation to update such material.
2.3 Aged Care Reviews reserves the right, in Aged Care Reviews’ sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
2.4 It is the Site User’s sole responsibility to periodically check these Terms for any changes. If the Site User does not agree with any of the changes to these Terms, it is the Site User’s sole responsibility to unsubscribe from the Site and Services. The Site User’s continued use of the Site and Services will be deemed as the Site User’s acceptance thereof.
2.5 Aged Care Reviews may assign or sublicense any of Aged Care Reviews’ rights or obligations under these terms and conditions at any time, without obtaining the Site User’s consent.
3. Accessing the Site
3.1 The Site User acknowledges and agrees that although Aged Care Reviews will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. Aged Care Reviews shall not be liable to any person or entity for loss or damage incurred by such downtimes.
3.2 All content and services provided on or through this site are provided "as is" and "as available" for the Site User’s use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. The Site User’s use of this site is solely at the Site User’s risk.
3.3 Aged Care Reviews reserves the right to withdraw or amend the Services and Content Aged Care Reviews provide on the Site without notice. Aged Care Reviews may restrict access to some parts of or the entire Site, from time to time.
3.4 Furthermore, Aged Care Reviews reserves the right to change, revise, sort or rearrange the Aged Care Businesses that are presented on its website. The website, as well as the people operating it, shall not be held responsible for any information, or changes thereof, in respect to the Aged Care Businesses, and their products and services.
4. Scope of Service
4.1 Through the Site, Aged Care Reviews provides Site Users an opportunity to review and compare information relating to aged care businesses, including but not exclusive to, aged care facilities, aged care providers, aged care operators, in home aged care nursing and assistance service providers, and other aged care industry-related services providers and businesses, found in Australia, New Zealand, and the greater Asia Pacific Region (collectively Aged Care Businesses).
4.2 As an unregistered Site Users, Site Users will be able to search results for Aged Care Businesses, read Aged Care Business reviews, and read full text of information articles posted on the Site.
4.3 Aged Care Reviews only provides the Site as a review platform and online community for use by Site Users. Aged Care Reviews does not provide professional advice, including but not exclusive to financial advice, medical advice and legal advice, and is not, and does not hold itself out to be, professional advisors.
4.4 Aged Care Reviews are not affiliated with any of the Aged Care Businesses in its own capacity, nor does it recommend or endorse a particular Aged Care Businesses. Aged Care Reviews also does not provide, neither as a legal responsibility nor goodwill, application assistance for particular products and services offered by Aged Care Businesses. Applications and future transactions, which may arise as a result use of the Site, for and regarding any residential aged care or in home aged care assistance or related service offered by the Aged Care Businesses listed on the Site should be made directly to the Aged Care Businesses offering them, and are not considered as transactions with Aged Care Reviews.
4.5 The Site and Services are provided to assist the Site User in conducting their research and due diligence but are not meant to replace professional advice from qualified professionals. Aged Care Reviews strongly advise the Site User to seek professional advice, where appropriate, in their decision-making process.
5. Registration Information and Passwords
5.1 This clause 5 applies if you register to the Site.
5.2 As registered Site Users, you will be able to post reviews on Aged Care Businesses, have full ability to enter into, post, and read the forums, and read full text of information articles provided on the Site.
5.3 By registering to the Site, you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate.
5.4 During the registration process, you will be asked to select a password for your User account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities or transactions that relate to your User account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your account.
5.5 We will not be liable for any losses associated with your account being hacked and your User Generated Content being made publicly available.
6. User Conduct
6.1 The Site User shall use the Site for lawful purposes only. The Site User shall not add to the portal any material or information which can give rise to civil liability or otherwise violates any law.
6.2 The Site User must not:
(a) impose or attempt to impose an unreasonable or disproportionately large load, as determined by Aged Care Reviews in its sole discretion, on the Site’s and Services’ infrastructure;
(b) interfere or attempt to interfere with the normal course and process of the Services;
(c) bypass any computer systems or secured networks connected to the Services;
(d) use manual or automated software, devices, or other processes to harvest or scrape any Content from the Site and Services; or
do any other act that may constitute an improper use of the Site and Services, as determined by Aged Care Reviews in its sole discretion.
6.3 The Site and Services allows users to contribute and share different types of User Generated Content. Users agree, in consideration of accessing and utilization of the Services, to abide by the following User Generated Content requirements:
(a) Only write personal, first-hand experience or the personal, first-hand experience of your immediate relatives recounted directly to you. Please provide sufficient details regarding your or your immediate relative’s experiences, including but not exclusive to any unique qualities, helpful suggestions, or the type of individuals who may like or dislike the services provided by the Aged Care Businesses in question.
(b) Ensure that all User Generated Content is factual. You must not include any inflammatory descriptors or generalisations.
(c) Only provide User Generated Content for Aged Care Businesses you or your immediate relatives have transacted with within the last 12 months.
(d) Do not recommend any alternative Aged Care Businesses by name when providing reviews as User Generated Content. You must review the alternative Aged Care Businesses separately.
(e) Disclose any discounts or any special offers that have been provided to you by the Aged Care Business in your reviews.
(f) Do not include any personal information (specific employee names) in any User Generated Content. Doing so is a breach of the Privacy Act 1988 (Cth) and you will be held personally liable for any such breaches.
(g) Do not post any inappropriate or offensive User Generated Content.
(h) Do not post any User Generated Content that may be deemed as threats, harassment, lewdness, hate speech, and other offensive and threatening material.
(i) User Generated Content must be unbiased and objective, as such employees, owners, and operators of Aged Care Businesses must not provide User Generated Content for their Aged Care Business. Conversely, employees, owners and operators of Aged Care Businesses must not provide User Generated Content for competing or related Aged Care Businesses.
(j) Only provide User Generated Content that is freely made. You are not allowed to post User Generated Content due any inducements or payments by any Aged Care Business.
7. Intellectual Property Rights
7.1 Our Intellectual Property Rights
(a) Nothing in these Terms constitutes a transfer of any Intellectual Property Rights.
(b) We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property Rights, excluding User Generated Content. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to create, display, use, play, and download Content or User Generated Content subject to these Terms.
(c) Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
(d) When you publish User Generated Content on the Site, you retain the ownership rights to this content, while you also agree to and hereby grant Aged Care Reviews a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable license to use, reproduce, adapt, modify, translate, publish, create derivative works from, distribute, and display this content through the world in any media. You grant Aged Care Reviews and its affiliates the right to use your User Name and any photos you upload in connection with such User Generated Content. This license is non-exclusive, except you agree that Aged Care Reviews shall have the exclusive right to practice this license to the extent of combining your User Generated Content with the User Generated Content of other Site users for the purposes of constructing or populating a database of ratings and reviews.
(e) Subject to the restrictions on use and on posting User Generated Content as set forth in these Conditions of Use, you may use the Site to submit, find, read and share ratings or reviews and download or copy portions of the content on the Site for your own use, and forward reviews, business listings and links to the Aged Care Reviews website to people you know, and invite others to join the Site.
(f) All content on Aged Care Reviews, including, but not limited to, text, photographs, graphics, audio, and video content, as well as the website itself, is protected by copyright. Except for the content submitted users, Aged Care Reviews and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is the property of Aged Care Reviews Pty Ltd. With the exception of content that you have posted and therefore retain ownership rights over, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, or materials available on the Site or any other Aged Care Reviews materials, in whole or in part except as expressly provided in these Conditions or with written permission from Aged Care Reviews.
7.2 Third Party Intellectual Property Rights
(a) Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site and Services are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
(b) Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Aged Care Reviews.
(c) We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by third parties.
7.3 User Generated Content
(a) You must not add any User Generated Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorized advertising;
(v) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) that would bring us, or the Site, into disrepute;
(vii) that infringes the Intellectual Property or other rights of any person; or
(viii) that is in breach, or could reasonably constitute a breach, of the User Generated Content requirements under clause 6 of these Terms.
(b) You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 7.3(a) and make such records available upon our reasonable request.
(c) You retain ownership of your Copyrights and other Intellectual Property and proprietary rights in any User Generated Content. These Terms do not prevent you from granting non-exclusive rights to use your User Generated Content to others.
(d) We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. We reserve the right to modify or remove any User Generated Content at any time.
(e) Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Aged Care Reviews.
8. Disclaimer and Limitation of Liability
8.1 THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AGED CARE REVIEWS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SITE WILL BE UNINTERRUPTED OR ERROR FREE;
8.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SITE USER.
8.3 IN NO EVENT WILL AGED CARE REVIEWS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. THE SITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENTS ON THE PORTAL.
8.4 IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER AGED CARE REVIEWS NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS WITHIN THE SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE SITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
8.5 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
8.6 We do not endorse the contents of any User Generated Content, and expressly disclaim any and all liability in connection with them. We are under no legal obligation to pre-screen or monitor User Generated Content. In no event shall we be liable for any claims by a third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any User Generated Content created through the Site. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Generated Content.
8.7 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against us for lost data, re-run time, inaccurate instructions, work delays or lost profits resulting from the use of the Site and Services.
8.8 WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL AGED CARE REVIEWS’S AGGREGATE LIABILITY TO THE SITE USER EXCEED, IN TOTAL, AUD$5.00.
8.9 As a condition of your access to and use of the Site, you agree to indemnify Aged Care Reviews and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Site and Services;
(b) your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of these Terms, and applies to claims arising both before and after the expiration of these Terms.
9. Links to Third Party Sites
9.1 THE SITE USER MAY BE ALLOWED TO ADD LINKS TO THIRD PARTY SITES SUBJECT TO PRIOR APPROVAL BY AGED CARE REVIEWS. HOWEVER, AGED CARE REVIEWS SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINKS CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
9.2 AGED CARE REVIEWS SHALL HAVE THE RIGHT TO REMOVE ANY LINKS TO THIRD PARTY SITES THAT AGED CARE REVIEWS, IN ITS SOLE DISCRETION, FINDS TO BE IN VIOLATION OF THE PROVISIONS HEREOF OR OTHERWISE OBJECTIONABLE.
10.1 The Site User agrees that Aged Care Reviews may, at any time and at Aged Care Reviews’ sole discretion, with or without cause or any notice to the Site User, terminate the Site User’s access to the Site and Services, and/or the Site User’s registration, or suspend or block the Site User’s access to the Site and Services.
10.2 Aged Care Reviews shall not be liable to the Site User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
10.3 If applicable law requires us to provide notice of termination or cancellation, Aged Care Reviews may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that Aged Care Reviews have for the Site User in Aged Care Reviews’ records.
11.1 By using the Site, the Site User accepts that communication with us will be mainly electronic. We will contact the Site User by email or provide the Site User with information by posting notices on the Site.
11.2 The Site User acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
11.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
12. No Waiver
12.1 If Aged Care Reviews fails, at any time, to insist upon strict performance of the Site User’s obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve the Site User from compliance with the Site User’s obligations.
12.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
12.3 No waiver is effective unless it is expressly stated by Aged Care Reviews to be a waiver and is communicated to the Site User in writing as per clause 11.
13. Force Majeure
Aged Care Reviews shall be under no liability to the Site User in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond the control of Aged Care Reviews, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
15. Entire Agreement
15.1 These terms, and the documents expressly referred to in them, constitute the entire agreement between the Site User and Aged Care Reviews, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between Aged Care Reviews relating to the Services.
15.2 The Site User and Aged Care Reviews each acknowledge that, in entering into these Terms, neither Aged Care Reviews nor the Site User relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
16. Governing Law
These Terms is governed by the laws of the State of Victoria, Australia and each party submits to the jurisdiction of the courts of the State of Victoria, Australia.