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DailyCare Terms of Use

General Terms

These Terms of Use (“Terms”) form a binding legal agreement between you and DailyCare Pty Ltd (ABN 61 105 065 549 (“DailyCare”, “we” and “us”) and govern your use of our websites (including the websites located at www.dailycare.com.au and www.dailyaccess.com.au), our applications and other offerings from DailyCare (collectively, the “DailyCare Platform”). For the purposes of these Terms, “You” and “Your” refers to you as a user of the DailyCare Platform.

DailyCare provides the information and services on the DailyCare Platform in accordance with these Terms together with any additional terms, conditions, policies that supplement these Terms (such as our Privacy Policy, which describes our collection and use of personal information), and notices and disclaimers published on the DailyCare Platform from time to time. Your access to and use of the information, materials and services provided on the DailyCare Platform 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 the DailyCare Platform and discontinue use of any services provided by DailyCare immediately.

The DailyCare Platform offers an online portal that enables users to publish, edit and update profile listings and content and search for aged care vacancies. Users who publish and provide information about their facilities and their services are “Providers” and users who search for vacancies, request tours, or use this information are “Hospital Users.” Providers offer aged care services and all information in relation to these services through their aged care provider listing (“Listing”).

You must register an account to access and use many features of the DailyCare Platform and you must keep your account information accurate. As the provider of the DailyCare Platform, DailyCare does not own, control, offer or manage the subject of any Listings. DailyCare is not a party to the contracts concluded directly between Providers and residents / consumers, nor is DailyCare a real estate broker or insurer. DailyCare does not act as an agent in any capacity for any Provider.

If you are a Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to the provision of your aged care services.

1. Provider Listing on DailyAccess.

1.1 Provider. As a Provider, the DailyCare Platform provides you with the ability to communicate information about your aged care accommodation, clinical and other services directly with our Hospital Network Users. Providers are responsible for and liable in respect of all Listing elements and information.

1.2 Independence of Providers. Your relationship with DailyCare is that of an independent contractor and not an employee, agent, joint venturer or partner. DailyCare does not control you in your role as a provider of aged care services, and we agree that you have complete discretion whether and when to provide aged care services, at what price and on what terms.

2. Managing Your Listing.

2.1 Creating and Managing Your Listing. As a Provider, you warrant that your Listing will include complete and accurate information about your aged care service and will not contain any misleading or deceptive information. You are responsible for keeping your Listing information and content (including details of services provided and photos) up-to-date and accurate at all times. If you are a Provider with more than one facility location, you will be required to maintain one Listing per facility location which have the capacity to be bulk edited as required.

2.2 Know Your Legal Obligations. You are responsible for complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing and the offering or provision of aged care services. Any information we may provide regarding legal requirements pertaining to the operation of aged are services is provided on an “as is” basis, for general informational purposes and should not be treated as professional advice. You should independently confirm your obligations. You are responsible for handling and using personal data of residents and others in compliance with applicable privacy laws, your own privacy policies and these Terms - see Privacy Policy. If you have questions about how local laws apply you should seek legal advice.

2.3 Search Ranking. You agree and acknowledge that we do not represent that your Listings will achieve any particular search ranking or priority. The ranking of Listings in search results on the DailyCare Platform depends on a variety of factors, including these main parameters:

2.4 Your Responsibilities. As a Provider 'you are responsible and liable for your own acts and omissions, those of your employees and consultants and anyone you engage or allow to participate in providing your aged care services or otherwise access your account with us.

3. Content.

The DailyCare Platform enables you to upload and update information, photos, brochures, video, text, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant DailyCare a non-exclusive, worldwide, royalty-free, irrevocable and perpetual license to reproduce, communicate to the public and otherwise publish that Content, including with slight modifications as we see fit, acting reasonably. If Content includes personal information or any material that you have not created or do not otherwise own, you warrant that you are legally entitled to deal with it and to enable us to use it for the purposes for which you provide us with access. Where DailyCare pays for the creation of Content or facilitates its creation (including in relation to your service offerings), DailyCare retains ownership of that Content. You are responsible and liable if any of your Content violates or infringes the intellectual property, privacy or any other rights of any third party.

4. Fees.

Providers can publish and edit their Vacancies at no cost. For additional features or services, we may enter into subscription agreements negotiated with Providers from time to time, which will attract a monthly fee. Subscription services may include but are not limited to additional access to portal features, enhanced visual appearance of listings, and market insights and reporting, as agreed between you and us.

5. DailyCare Platform Rules.

5.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

6. Termination, Suspension and other Measures.

6.1 Term. This agreement comes into effect when you first access the DailyCare Platform (for example when creating an account) and remains in effect until either you, or we, terminate the agreement in accordance with these Terms.

6.2 Termination. DailyCare may terminate this agreement immediately and without notice and stop providing access to the DailyCare Platform if you breach these Terms, you breach our Policies, you breach applicable laws, or we reasonably believe termination is necessary to protect DailyCare, its users, or third parties. Without limiting any other right or remedy, if your account has been inactive for more than two years, we may terminate your account without prior notice.

You may terminate this agreement if we materially breach it and you have given us notice of the breach and given us the opportunity to remedy it, and we have not done so within 21 days of such notification. You may terminate any subscription-based agreement with us in accordance with the terms of that subscription offer.

6.3 Provider Breaches. Without limiting any other right or remedy available to DailyCare, if (i) you breach these Terms (ii) you breach any applicable laws, regulations, or third-party rights, or (iii) DailyCare believes it is reasonably necessary to protect its interests or the interests of its users or third parties; DailyCare may, with or without prior notice:

For minor breaches or where otherwise appropriate as DailyCare determines in its sole discretion, you will be given notice of any intended measure by DailyCare and an opportunity to resolve the issue.

6.4 Legal Mandates. DailyCare may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 6.3.

6.5 Effect of Termination. If your access to or use of the DailyCare Platform has been limited, or your DailyCare account has been suspended, or this agreement has been terminated by us, you must not seek to register or utilise a new account (whether under your name or any other name) or access or use the DailyCare Platform through an account of another User.

6.6 Survival. Those terms that by their nature are capable of surviving termination, will survive termination of this agreement.

7. Modification.

DailyCare may modify these Terms at any time (with prospective effect). When we make material changes to these Terms, we will post the revised Terms on the DailyCare Platform and update the “Last Updated” date at the top of these Terms. If you do not agree to be bound by the revised Terms, you may terminate this agreement by providing 30 days’ notice of same and must thereafter cease use of the DailyCare Platform. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the DailyCare Platform will constitute acceptance of the revised Terms.

8. DailyCare’s Role.

While we work hard to assist consumers to find the best care for individual needs at the right time using the DailyCare Platform, we are not responsible for the conduct of Providers or other Users. You acknowledge that DailyCare has the right, but does not have any obligation, to monitor the use of the DailyCare Platform and verify information provided by our Providers. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the DailyCare Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Providers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address or remove Content that may be harmful or objectionable; (v) take action set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that do not meet quality and eligibility criteria. Providers agree to cooperate with and assist DailyCare in good faith, and to provide DailyCare with such information and take such action as may be reasonably requested by DailyCare with respect to any investigation undertaken by DailyCare regarding the use or abuse of the DailyCare Platform.

9. Registration

You must register a user account to access and use certain features of the DailyCare Platform (whether as a Provider or other user). User account registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the DailyCare Platform under the laws of Australia, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your user account to someone else or permit anyone else to use it. You are responsible for maintaining the confidentiality and security of your account credentials and must not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify DailyCare if you suspect that your credentials have been lost, stolen, or your account has been accessed without authorisation or has otherwise been compromised. If and as permitted by applicable law, we may, but have no obligation to ask you to provide identification or other information.

10. Disclaimer of Warranties.

To the extent permissible at law, and without purporting to exclude any terms or warranties that by law, cannot be excluded (including under the Australian Consumer Law, if and where applicable) we provide the DailyCare Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Provider, Hospital User, consumer or third party; (ii) we do not warrant that the DailyCare Platform will perform without interruption or be error free; and (iii) we do not warrant that verification, identity or background checks conducted in relation to Listings (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration and breadth of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

11. Limitations on Liability.

Unless otherwise required by law, neither DailyCare (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the DailyCare Platform on behalf of or for DailyCare, nor any other party involved in providing or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the DailyCare Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the DailyCare Platform, or (iv) publishing a vacancy and Listing profile or in the provision or use of aged care services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DailyCare has been informed of the possibility of such damage.

12. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at DailyCare’s option), indemnify, and hold DailyCare (including its affiliates, and their respective personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the DailyCare Platform, (iii) your interaction with any Provider, Hospital User, consumer or other aged care service, including without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

13. Miscellaneous.

13.1 Other Terms Incorporated by Reference. Our policies (including our Privacy Policy), rules governing specific features and any other supplemental policies and terms linked to in these Terms apply to your use of the DailyCare Platform, are incorporated by reference, and form part of your agreement with DailyCare.

13.2 Interpreting these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

13.3 No Waiver. DailyCare’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

13.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without DailyCare’s prior written consent. DailyCare may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

13.5 Notice. Unless specified otherwise, any notices or other communications required to be provided by us under this agreement, will be provided electronically and given by DailyCare via email, DailyCare Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

13.6 Third-Party Services. The DailyCare Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. DailyCare is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

13.7 DailyCare Platform Content. Content made available through the DailyCare Platform may be protected by copyright, trade mark, and/or other laws of Australia and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of DailyCare and/or its licensors and agree that you will not remove, alter or obscure any copyright, trade mark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the DailyCare Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, DailyCare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the DailyCare portal on your personal device(s); and (ii) access and view the Content made available on or through the DailyCare Platform and accessible to you, solely for your personal and non-commercial use.

13.8 Force Majeure. DailyCare shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

13.9 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your DailyCare account.

13.10 Contact Us. If you have any questions about these Terms please contact us.

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