Terms of use

Introduction

For the purposes of these terms and conditions of use (“Terms”) the words “DailyCare”, “we”, “our” and “us” refer to DailyCare Pty Ltd (ABN 61 105 065 549), and “Site” to materials delivered on the website located at the domain name www.dailycare.com.au. For the purposes of these Terms, “You” and “Your” refers to users of the Site.

DailyCare provides the information and services on the Site in accordance with these Terms together with any additional terms, conditions, notices or disclaimers placed on the Site from time to time. Your access to and use of the information, materials and services provided on the Site is conditional upon Your acceptance and compliance with these Terms. You acknowledge that You have read, agreed to and understood these Terms. If you do not accept these Terms, You must refrain from using this website and discontinue use of any services provided by DailyCare immediately.

These Terms apply whether You are a visitor (which means that You are just browsing the Site) or a registered member (which means You have registered on the Site by providing your email address and phone number). In this document when we refer to You we refer to both visitors and members.

DailyCare reserves the right to amend, modify, add to or delete any of these Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms on the Site. DailyCare also reserves the right to make changes to the content or layout of the Site at any time without notice.

Additional terms on the Site

DailyCare agrees to abide by its privacy policy for the use, storage and collection of personal information. You agree that in accessing the website and its content, You are taken to have read and understood the contents of any such privacy policy and consented to its requirements. A copy of our privacy policy is available on our Site.

Intellectual property

All the material displayed on or available on this Site, including content, data, information, tables, reports, articles, tools, text, designs, graphics, layouts, names, logos, email communications, and all the underlying source code and software, is owned or used under license by Dailycare, and is protected by copyright, trademark and other intellectual property laws. You agree not to infringe any intellectual property rights owned by DailyCare. All of DailyCare’s rights in this regard are reserved.

Information for personal use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose, without DailyCare’s express permission. You may download material from this Site for Your personal, non-commercial use only, however all of DailyCare’s intellectual property rights must be maintained.

You must not use this Site for any purpose that is unlawful or prohibited by these Terms.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site or Your own website or in any other publication, except with our prior written consent.

This website and its content is owned or licensed by DailyCare unless otherwise indicated. You are permitted to view and print content from the website for the purpose of obtaining information regarding the services contained in the website. All other uses, including but not limited to, downloading, copying, reproduction or modification of website content is prohibited except with the express permission of DailyCare.

Information does not represent personal financial or professional advice

DailyCare does not provide personal financial or professional advice. You agree that any information published on the Site is of a general nature only and should not be relied upon as a substitute for personal financial advice or professional advice. We strongly recommend that You seek independent advice before You apply for any service which is described on the Site.

Any content on the Site which constitutes general advice, including information and data, ratings and reviews, or other tools or content, does not take into account Your individual investment objectives, financial circumstances or needs. You must consider Your own individual circumstances before acting on any of the information provided on and available from the Site.

You agree that content on the Site does not constitute financial, taxation, accounting, legal or other professional advice and will not be relied upon as such.

Third party websites

This website may contain information prepared by or links to websites operated by third parties, independent of DailyCare. DailyCare does not make any representation as to the accuracy or reliability of the information prepared by any such third party. Any links provided on the DailyCare website are only a reference for searching the internet and not an endorsement of those websites or services that they describe. Such links are provided for your convenience only.

DailyCare takes no responsibility for the operation and content of any such websites and the services described therein. DailyCare does not authorise infringement of any such rights by linking to such websites. DailyCare makes no warranties or representations:

1. regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which this website is linked; and
2. that the material on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

You access the site and use any services at your own risk.

Third party advertising or sponsorship

On the Site we also have advertising and sponsorship from third parties. These are paid for by the relevant third party advertisers and are not recommendations or endorsements by DailyCare for the products and services which they are advertising. You should seek to obtain all accurate and up to date information directly from the third party before making a decision to apply for or acquire their services.

Featured services, endorsements or recommendations of third party aged care providers

DailyCare does not specifically recommend or endorse any particular provider or service.

The links or inquiry referral forms to aged care providers provided on the Site do not represent a recommendation or endorsement from DailyCare for that provider’s service, or an endorsement that the general information that we have provided on the Site is completely up to date and accurate. You should therefore obtain all accurate and up to date information directly from the aged care provider before making a decision to apply for or acquire their services.

Inquiry Referral Forms

We provide inquiry referral forms that allow You to register Your personal information with Us in order to be contacted by third party providers. In completing an inquiry referral form You acknowledge and consent to DailyCare disclosing Your personal information to third party providers by using the service. DailyCare will only pass on Your personal information where You have explicitly instructed Us to do so, including where You specify a particular third party provider as a ‘favourite’.

When we disclose Your personal information to third party providers we do so for Your convenience and under Your instruction. We don't control, influence, or are in any way responsible for the operations, procedures or services provided by any third party provider. Unless expressly stated on this website, DailyCare’s disclosure of Your personal information to a third party provider does not constitute a recommendation, endorsement or approval of that third party provider. We will not accept any liability for any damages or loss arising in any way out of or in connection with Your access, use or reliance on those third party providers, or any misuse of Your personal information by those third party providers.

Communication services

DailyCare may provide You with the ability to communicate with Us, third party aged care providers and users of the Site through online forums, enquiries, bulletin boards, online forums and other forms of electronic messaging (“Communications Services”). You acknowledge that Communications Services may be public and not private communications, and that Communications Services may be collected, stored and scanned by Us. You should not consider Communication Services to have been reviewed, screened or approved by DailyCare.

Use of the Communications Services is provided on condition that You do not:

1. transmit any information or material which is knowingly incorrect, misleading or deceptive;
2. transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
4. use the Communications Services for any unlawful purpose;
5. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of DailyCare’s infrastructure;
7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
8. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by DailyCare;
9. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;
10. excessively use the Communications Services in a manner which may hinder or prevent DailyCare from providing services to any other persons or which may threaten the integrity or use by any person of the Site or DailyCare’s business;
11. authorise, aid, abet encourage or incite any person to do any of the above acts.

DailyCare may, but has no obligation to, review the use of the Communications Services by You. Dailycare, in its sole and absolute discretion, may delete, edit, refuse to post or remove (in whole or in part) any information or material uploaded, posted or disseminated using the Communications Services.

Limitation of liability

Without affecting any of Your statutory rights that cannot be lawfully excluded, DailyCare, its officers, employees, agents and contractors will not be liable in any way to You or anyone else for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity, however it arises (whether in contract, tort including negligence, under statute or otherwise), arising from Your use of or in connection with Your use of the Site, even if we have been advised of the possibility of such damages. This includes any products or services obtained from third parties after Your use of our site.

Notwithstanding anything to the contrary contained herein, DailyCare’s liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to DailyCare during the term of Your use of the Site.

Notice

You agree to promptly inform DailyCare of any breach by You of these Terms and of any conduct of any other person which You think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.

General Provisions

DailyCare is not responsible for any error or omission on this website and reserves the right to make changes without notice. DailyCare does not guarantee that this website or third party websites will be free from viruses, or that access to this website or third party websites will be uninterrupted.

If any provision of the Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under the Terms. If the website is to be used in other locations, DailyCare gives no assurance that the content is appropriate for use in these locations, where such content may be illegal.

Contact Dailycare

If you have a question, problem or complaint or need to contact us:

• Phone: 1300 324 592
• Email: [email protected]

Version 1  Date - January 2015