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Terms and conditions

This website (“Website”) is owned and operated by CareAbout Holdings Pty Ltd (ABN 41 612 411 720) of Suite 120, 3 Male St, Brighton VIC, 3186, Australia. In these Terms of Use, “we”, “our” and “us” means CareAbout.

1. Introduction

• 1.1 All access to and use of this Website is subject to your acceptance of these terms and conditions (“Terms of Use”). By accessing and using this Website you agree to be bound by these Terms of Use. The Terms of Use constitute a legally binding agreement between you and CareAbout. If you do not agree to these Terms of Use, you must not access or use this Website, and you should immediately cease accessing and using this Website.
• 1.2 This Website is intended for use by Australian residents only, aged 18 years and over. You warrant to us that you are of legal age and capacity to form a binding contract and have authority to enter into these Terms of Use. You should note that this Website (including products, price references and product descriptions) is frequently updated. Products and services promoted on our Website may be withdrawn by the provider or by CareAbout at any time, without notice.
• 1.3 These Terms of Use may be amended at any time and so you should refer to these Terms of Use each time you use this Website. The amended Terms of Use will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your deemed acceptance of the amended Terms of Use.
• 1.4 Your right to access and use this Website will immediately cease if you breach any provision of these Terms of Use. We make no guarantee that this Website will be able to accessed immediately or at all times. From time to time, we may block your access to the Website for security, technical, maintenance, legal, operational or regulatory reasons, or due to any breach of these Terms of Use by you. All provisions which by their nature survive termination, including clauses 2, 6, 7, 8, 9, 10 and this clause 1.4, will survive termination of these Terms of Use.

2. Third party products

• 2.1 You can apply for a number of different products and services via this Website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. While CareAbout has taken steps to ensure that any provider of such products or services is suitably qualified, skilled and trained, CareAbout does not make any representation or warranty about the training, skill, experience or qualifications of these third party providers. You acknowledge that information supplied to CareAbout by third party providers about their training skill, experience or qualifications may include omissions, inaccuracies or other errors, for which CareAbout is not responsible. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. Before making a decision to purchase a product, you should consult the relevant product documents. The presence of a product or service on this Website does not constitute an endorsement by us of the provider, the product or service, the content of the provider’s website, or the activities of the provider.
• 2.2 All prices are quoted in Australian dollars.
• 2.3 To the maximum extent permitted by law, we are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any third party product or service you obtain through use of this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
• 2.4 This Website contains statements regarding the terms of the products and services, including features and inclusions. Some of these statements are generalised to give you a summary of the products or services being compared or offered. However, not all products and services are the same and you should confirm the exact terms of any product or service that you intend to purchase prior to purchasing that product or service. The product and service information supplied on the website is available only to Australian residents. Third party information available on or through the Website is not created, supplied, vetted, maintained or operated by CareAbout and, to the maximum extent permitted by law, CareAbout does not represent or warrant that such third party information is accurate, complete, adequate, timely, valid, suitable or legal.
• 2.5 By submitting your personal details through this Website, you are able to make an offer to obtain a product or service from a third party provider. That offer may be accepted or rejected by the relevant third party provider. The contract for the provision of the product or service will only be concluded once your offer has been accepted by the relevant third party provider. No party has any obligation to provide you with products or services until your offer has been accepted. If your offer is accepted then the product or service will be provided to you by the third party provider, subject to the third party provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.

3. Privacy Policy

• 3.1 We take your privacy seriously. Please visit our Privacy Policy to find out how we collect and use the personal information that you provide to us. Your use of this Website is, at all times, subject to the provisions of our Privacy Policy.

4. Permitted use

• 4.1 You are only permitted to use this Website for personal use, subject to your compliance with these Terms of Use. Commercial use of this Website is prohibited.
• 4.2 You are not permitted to do anything that may affect the security of this Website or any information or material stored within it.
• 4.3 You agree not to:

(a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract any information on this Website;
(b) copy or disclose to any person, any Website content, other than as expressly permitted by these Terms of Use;
(c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;
(d) use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;
(e) reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s source code, formulas or processes;
(f) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;
(g) use, obtain or attempt to obtain from this Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or
(h) post, distribute or send any ‘spamming material’ or any other form of bulk communication.

• 4.4 You are not permitted to use this Website in any unlawful or fraudulent manner.
• 4.5 You agree that if you provide any information on this Website, that information will be true, accurate and complete. The provision of inaccurate or incomplete information by you may reduce the effectiveness or accuracy of the products and services provided on this Website.

5. The CareAbout service

• 5.1 We provide a service on this Website which enables you to research and compare a range of in-home aged care and residential care products and services, all of which are provided by third parties.
• 5.2 Our comparison service is free for you to use. We receive payment from the third party product and service providers when you use our service to purchase products or services from them.
• 5.3 By choosing to purchase the products or services offered on the Website, you will be required to pay fees to third party provider(s). That purchase will be subject to the third party provider’s terms and conditions.

6. Intellectual property rights

• 6.1 The word or mark “CareAbout” however represented, all associated logos and symbols, and any combinations with another word or mark, are the trademarks of CareAbout.
• 6.2 All intellectual property rights in any material or content contained in or accessible via this Website is either owned by CareAbout or has been licensed to us for use by us.
• 6.3 You will only make fair use of the trademarks on this Website and will not use them:

(a) as part of your own marks;
(b) in a manner which is likely to cause confusion or damage to the reputation of CareAbout; or
(c) to identify or imply endorsement or otherwise of products or services to which they do not relate.

• 6.4 Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to CareAbout or our licensors in and relating to this Website (including any content or material displayed on this Website) may be used, copied, published or distributed by you without our prior written consent.

7. No advice

• 7.1 CareAbout does not offer health, financial, investment or other advice. Nothing on this Website constitutes health, financial, investment or other advice by us in relation to any product or service. The Care Report provided by CareAbout on this Website is for informational purposes only and CareAbout does not guarantee the accuracy of information contained within. This Care Report does not constitute advice and is not a substitute for seeking professional advice.
• 7.2 You acknowledge that you are using this Website and the products and services offered on this Website voluntarily. Before acting on the information and guidance provided by CareAbout, you should evaluate your own individual needs, objectives and situation and which products are suitable for you, and if necessary seek independent health, financial, investment or other professional advice. The products and services offered on this Website may not be suitable or appropriate in all circumstances.
• 7.3 Your reliance on any health, financial or other advice provided by a third party provider is solely a matter between you and the third party. CareAbout disclaims any liability for any advice that may be provided by a third party provider that is relied on by you and as between CareAbout and you, you assume full responsibility for all associated risks. Third party providers are independent providers and are not employed or retained by CareAbout.
• 7.4 This Website is intended to be used for comparison and research purposes, but CareAbout is not able to bind any third party provider or ensure that any third party provider sells any product or service to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to sell any product or service to you or enter into any contract with you.

8. Your consumer rights

• 8.1 Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (“ACL”) and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement (“Your Consumer Rights”). Your Consumer Rights include the right for the services we provide to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

9. Exclusions of liability

• 9.1 This clause 9 is subject to Your Consumer Rights, set out in clause 8 above.
• 9.2 You acknowledge that the Website is a technological platform which operates as an intermediary for the purchase of third party products and services. CareAbout does not provide the products or services itself, but refers you to third party providers. Any information provided by CareAbout on this Website or otherwise is information of a general nature. CareAbout is not an aged care provider, health advisor or financial advisor. CareAbout does not provide aged care, health care, medical advice, medical diagnoses, health information or financial advice. You should always seek specialist advice from a medical professional before making any decisions about your health.
• 9.3 This Website, content and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.
• 9.4 We try to ensure that the information displayed on this Website is accurate, however your access to this Website and any action you carry out on the basis of information you obtain from this Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
• 9.5 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology. Whilst we take reasonable steps to protect the integrity of this Website, the Internet is an inherently insecure communication platform and, as such, CareAbout does not guarantee the security or accuracy of this Website. Your access to and use of this Website is solely at your own risk.
• 9.6 We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability or stability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time. At any time, we may make available upgrades, updates and patches to, or new versions or releases of the Website, all of which will be governed by these Terms of Use (unless accompanied by separate terms).
• 9.7 We are not, and will not be, liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

(a) your use of, reliance upon or inability to use this Website or content;
(b) your use of, reliance upon or inability to use information and guidance provided by CareAbout;
(c) the deletion with or without notice or cause of any of your data or information stored on this Website;
(d) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Website at any time;
(e) the removal from this Website of any content or communications sent or posted by you on or via this Website;
(f) any circumstance that is outside of our reasonable control; and
(g) any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.

• 9.8 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.

10. Indemnity

• 10.1 You agree to indemnify and hold harmless CareAbout, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms of Use or your unauthorised use of this Website.

11. Links

• 11.1 We have a number of links on this Website. These may take you to other websites. The purpose of these links is to provide you with easy access to further information you may need in making your purchase decision. In no circumstances do we make representations about the accuracy of any information contained on any other websites. The inclusion of such links does not imply or constitute our endorsement of, or acceptance of responsibility for, information contained at such linked websites. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party site.

12. General

• 12.1 If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
• 12.2 You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.
• 12.3 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).

13. Governing law

• 13.1 These Terms of Use and your access to and use of this Website is governed by and will be interpreted in accordance with the laws of Victoria, Australia.
• 13.2 Each of you and us submits to the non-exclusive jurisdiction of the courts of Victoria, Australia in connection with these Terms of Use and your access to and use of this Website.

Updated 31 January 2017

Our privacy commitment

CareAbout Holdings Pty Ltd ABN 41 612 411 720 (CareAbout, we, us, our) is committed to protecting the privacy of your personal information. This policy explains how CareAbout manages the personal information that we collect, use and disclose and how to contact us if you have any further queries about our management of your personal information. This policy does not cover personal information about its employees, collected or held by CareAbout. Employees can contact their manager or HR representative for information about our employee information handling practices.

If you have any questions regarding CareAbout’s Privacy Policy or would like us to send you a copy, please contact our Privacy Officer using the details provided below. Our Privacy Policy may be amended from time to time. The current version is the one shown on our website.

How does CareAbout collect, hold and use your personal information?

CareAbout may collect information about you in a variety of ways. Generally speaking, CareAbout will collect personal information directly from you (or from your authorised representative) where practicable. For example, when:

• you enquire about or seek a quotation for a product or service offered by our participating providers
• you apply for or purchase a product offered by our participating providers
• you contact us by telephone, via mail, email or online
• you visit our website and provide your contact details)
• we supply any other products or services to you
• you enter into any trade promotions, competitions, specials or other offers with CareAbout or our direct partners.

We may also collect, use and disclose personal information about customers or potential customers from third party sources or a publicly available source, or from marketing and similar lists legally acquired by us.

If you wish to provide us with personal information about another person (such as a family member), you must first obtain their permission and please make sure that you tell them about the content of this policy.

What kinds of personal information does CareAbout collect and hold?

The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, participating provider, contractor, stakeholder, job applicant or in some other capacity.

For example, if you request a quote for a product or service offered by our participating providers, we may collect your name, address, email address, telephone number, date of birth and any other information required to provide you with the quote.

Any personal information that you provide via our website or contact centre (for example, for comparison purposes, to obtain a quote or to purchase products) is collected and stored by CareAbout for the purposes described below.

To provide some of our services, we may need to collect and hold your sensitive information (such as medical or certain lifestyle information). We will only collect sensitive information about you with your consent or where we are otherwise authorised by law to do so.

We may record calls that you make to us in certain circumstances, including for training purposes and for the purposes described below.

If we are not able to collect your personal information, we may not be able to provide you with our products or services or do business with you or the organisation with which you are connected.

How does CareAbout use your personal information?

We collect, hold, use and disclose personal information for a variety of reasons related to the operation and promotion of our, and our participating providers’, business, including to:

• provide services and products to our customers;
• correspond with our customers and deal with their enquiries and complaints;
• recommend appropriate providers to our customers;
• maintain and improve our customer service;
• protect our lawful interests and meet our regulatory and legal obligations;
• verify our customers’ identity and personal information;
• consider job applicants for current and future employment;
• manage our relationships with our participating providers, suppliers and stakeholders;
• respond to lawful requests from courts, law enforcement officers and government agencies;
• carry out internal functions including training; and
• conduct marketing research and analysis.

We may also use personal information on an ongoing basis to contact you from time to time about products and services that we think may be of interest to you, unless you opt out or we are otherwise prevented by law. Please refer to the direct marketing section below.

We may also use your information for other purposes required or authorised by or under law, including purposes for which you have provided your consent. Your consent may be written, verbal or implied from your conduct.

Disclosing your personal information

We may exchange your information with:

• our participating providers to allow the assessment and provision of our customers’ required products and services;
• professional advisers (such as lawyers or auditors);
• our contracted service providers, including:
  • information technology service providers;
  • data processors and data analysists;
  • payment systems operators and financial institutions; and
  • organisations authorised by CareAbout to conduct promotional, research or marketing activities;
• law enforcement agencies or government authorities;
• any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives; and
• other third parties where we have your consent.

These third parties may be located in Australia or overseas. If we disclose personal information to an overseas recipient, we will take steps to ensure they comply with this policy, applicable privacy laws and our reasonable directions.

Before providing, or authorising CareAbout to provide, your personal information to any of our participating providers, you should consider the relevant providers’ privacy policies.

How do we hold and protect personal information?

We hold personal information electronically and in hardcopy form, both at our own premises and with the assistance of our service providers. We take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

We implement a range of measures to protect the security of personal information, including – depending on the circumstances – electronic access controls, premises security and network firewalls.

Direct marketing

If you are a customer or a potential customer, we may contact you on an ongoing basis about products and services offered by CareAbout and our business partners, which we think may be of interest to you unless you opt out or we are otherwise prevented by law. When we contact you it may be by mail, telephone, email, SMS or social media. You can opt-out of receiving direct marketing at any time (see below).

How can you opt out of receiving direct marketing?

You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for direct marketing purposes, or if you only wish to be contacted via a particular channel (e.g. by email). In some circumstances we may need to contact you to verify your identity or to clarify your request.

If you wish to unsubscribe from future marketing and promotional material, please click on the “unsubscribe” link in the email, call us using the details provided below or email “Unsubscribe” to [email protected]

Data quality and security

It is important that the information we hold about you is accurate, complete and up-to-date. Please update your details online where possible or contact our Privacy Officer if you believe that your personal information is inaccurate, incomplete, out of date, or may otherwise be misleading.

Website usage

Our website is professionally hosted and steps are taken to ensure it operates in a secure environment. You should however be aware that there is always an inherent risk in transmitting your personal information via the Internet.

Cookies are pieces of information that a website transfers to your computer for record-keeping purposes. The information collected may be used by CareAbout to improve and customize your experience on our website. In addition, we collect aggregated non-personally identifiable data from our website to help us maintain and improve delivery of the CareAbout online service and marketing. This aggregated information assists CareAbout to improve content and website navigation.

When you visit any of our online resources, our system may collect information about your visit for statistical purposes, including:

• server address;
• top level domain name (for example .com, .gov, .au, .uk etc.);
• the date and time of your visit to the site;
• the pages you accessed and documents downloaded during your visit;
• the previous site you visited;
• if you’ve visited our site before; and
• the type of browser used.

We record this data to maintain our server and improve our services. There are several methods and packages that we use to collect visitor behaviours on each of our online platforms. Like a number of commercial web site operators, CareAbout uses tools to measure and analyse internet usage across our web site. This enables CareAbout to track the number of unique browsers to our web site.

Links to third party sites

Whilst links to third party websites are provided on our website, we are not responsible for the content or practices of these third party websites.

These links are provided for your convenience and do not represent our endorsement of any linked third party website. We recommend that you check the privacy policies of these third parties prior to providing them with any personal information.

How you can access or correct your personal information

You can request access to the personal information we hold about you by contacting our Privacy Officer using the details provided below and we will generally provide you with access, subject to some exceptions permitted by law.

If we deny or restrict access to the information you have requested, we will give you written reasons for this decision when we respond to your request. We may charge a reasonable fee to cover our costs of providing access to you and will advise you of any fee payable before we provide you with access.

How you can make a privacy complaint

Please contact our Privacy Officer using the details provided below if you have any concerns or complaints about the manner in which we have collected or handled your personal information. We will investigate your complaint and will endeavour to respond to you in writing within 30 days.

If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.

How to contact us

Please contact us at the following email if you have any concerns about privacy, including if you:

• have queries, concerns or complaints about the manner in which your personal information has been collected or handled by CareAbout
• would like to request a hardcopy of this privacy policy or discuss any issues relating to this policy or privacy matters generally
• would like to request access to or correction of the personal information we hold about you.

Privacy Officer

CareAbout Holdings Pty Ltd
Suite 120, 3 Male St
Brighton VIC, 3186, Australia

Email: [email protected]
Phone: 13 13 00

Updated 31 January 2017