Terms and Conditions

Welcome to the Cared website! We have a variety of online tools available on our website for you to use in relation to the National Disability Insurance Scheme (NDIS). We are not affiliated with or endorsed by the NDIS. Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions that regulate Your use of Our website and its tools.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right-hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e. those in the left-hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding and do not limit the scope, operation, and specifications are not to be used as a mechanism for resolving any ambiguity (should ambiguity arise) with respect to the operative provisions.

If You use any of Our Tools for (among other things) the purposes of determining a participant’s NDIS funding eligibility, finding an NDIS service provider, or searching the NDIS price list, You do so at Your own risk. We do not warrant that the information produced by any of the Tools is accurate, error-free, or up-to-date. You must not rely on or represent to any participant or any other person that they should rely on, any results, reports, or figures produced by any Tool without independently verifying the validity and accuracy thereof. The results produced by any Tool may not reflect the NDIS funding allocated by the NDIS and may be subject to errors and inaccuracies and may not be up to date.

The information on the Website and/or displayed via or produced from any Tool is not our professional, healthcare, or NDIS advice. You agree that You will seek all appropriate financial, legal, and other advice as applicable before relying on any information You obtain from the Website and/or any Tool.

Please see the Dictionary at clause 14 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

1. Acceptance and modification of these Terms of Use

Operative ProvisionsSummary

1.1.       You may only access, browse, and use Our Website and/or any of Our Tools if You accept these Terms of Use. By accessing, browsing, and/or using Our Website and/or any of Our Tools, You will be deemed to have confirmed that You have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).

1.2.       We may modify and/or replace these Terms of Use and any information linked to it from these Terms of Use (including any Privacy Policy) from time to time without notice.

1.3.       We will always upload the latest version of these Terms of Use to this webpage.

1.4.       If You do not wish to accept these Terms of Use, You must not and cannot use the Website and/or Tools or any part thereof.

By using Our Website or any of our Tools, You agree to Our Terms of Use.

 

We may change Our Terms of Use at any time.

2.Availability of Website and Tools

Operative ProvisionsSummary

2.1.      We do not represent that the Website and/or any of Our Tools will be available on an uninterrupted or error-free basis. We may need to take down the Website and/or any of Our Tools from time to time.

2.2.      You agree and acknowledge that the accessibility and use of the Website and/or any Tool are highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website and/or any Tool operates, interfaces with or connect to, and that We are not responsible for any non-performance of the Website and/or any Tool associated with any of those matters.

Our Website and/or Tools might go offline from time to time.

3. Website and Tools usage restrictions

Operative ProvisionsSummary

3.1.   You may not make any use of the Website and/or any Tool except as permitted by these Terms of Use and may not do or authorize the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website and/or in any Tool. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website and/or to any Tool or scrape, republish, mirror, or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website and/or any Tool or any content You obtain thereof. In addition, You must not, nor may You permit any person to:

    1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any Tool and/or any content thereof (except as expressly permitted by the Copyright Act 1968 (Cth));
    2. do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
    3. use the Website and/or any Tool in any way that infringes Our rights or the rights of any third party;
    4. use the Website and/or any Tool to create any product or service that competes with the Website and/or any Tool; or
    5. take any steps to circumvent any technological protection measure or security measures in the Website and/or any Tool.

3.2.     You must not use the Website and/or any Tool or any part of the Website and/or any Tool in any way which is in breach of any statute, regulation, law, or legal right of any person.

3.3.   You must not use the Website and/or any Tool or any part thereof in breach of these Terms of Use.

3.4.   If You use any of Our Tools for (among other things) the purposes of determining a participant’s NDIS funding eligibility, finding an NDIS service provider, or searching the NDIS price list, You do so at Your own risk. We do not warrant that the information produced by any of the Tools is accurate, error-free, or up-to-date. You must not rely on or represent to any participant or any other person that they should rely on, any results, reports, or figures produced by any Tool without independently verifying the validity and accuracy thereof. The results produced by any Tool may not reflect the NDIS funding allocated by the NDIS and may be subject to errors and inaccuracies and may not be up to date.

3.5.  You must not enter any health information or other sensitive information or personal information about any person into any Tool without their consent. By entering any such information, You warrant that You have obtained their consent to Our collection of their health information or other sensitive information or personal information and to our storage thereof at any hosting facility that We use anywhere in Australia and to Our use of the information in accordance with our Privacy Policy. We only collect personal information about people that is entered into Our free Tools on Our Website to provide the functionality of the relevant online Tool, to provide users with information about promotional offers and new products and solutions that We make available, and to handle complaints.

3.6.   You must indemnify Us from and against any loss or damage that We suffer because of Your failure to obtain any such consent.

You cannot and must not infringe Our Intellectual Property Rights. You must comply with all applicable laws in respect of the Website and Tools.

4. Acceptable Use Policy

Operative ProvisionsSummary

4.1.  You agree that the following is strictly prohibited by these Terms of Use:

    1. using the Website and/or any Tool to violate all or any legal rights of any person or company or other entity in any jurisdiction;
    2. using the Website and/or any Tool in relation to crimes such as theft and fraud;
    3. using the Website and/or any Tool in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
    4. introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
    5. using the Website and/or any Tool to make fraudulent offers of goods or services ;
    6. using the Website and/or any Tool to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
    7. using the Website and/or any Tool to execute any form of network monitoring which will intercept data not intended for You;
    8. using the Website and/or any Tool to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers;
    9. using the Website and/or any Tool to interfere with or deny service to anyone;
    10. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website and/or any Tool;
    11. sending unsolicited email messages through or to users of the Website and/or any Tool in breach of the Spam Act 2003;
    12. using the Website and/or any Tool to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
    13. use of the Website and/or any Tool in breach of any person’s privacy (such as by way of identity theft or “phishing”).
You cannot use the Website or any Tool for any illegal purpose or to violate any person’s legal rights.

5. Intellectual Property Rights

Operative ProvisionsSummary

5.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

5.2.  As between You and Us, We own all Intellectual Property Rights in the Website and in all Tools.

5.3.  You have no rights in the Website and/or in any Tool or in any part of thereof or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

5.4.  You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website and/or any Tool or requests for new Website and/or Tool features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion or otherwise providing the Improvement Suggestion to Us. You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.

5.5.  You irrevocably consent to the infringement by Us and any third party We authorize, of all Moral Rights that You may have in any Improvement Suggestions.

5.6.  You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website and/or in any Tool or otherwise.

We own all Intellectual Property Rights in the Website and Tools. We also own all improvement suggestions that You make regarding the Website or any Tool.

6. Responsibility for other users

Operative ProvisionsSummary

6.1.  We do not accept responsibility for the conduct of any users of Our Website and/or any Tool.

6.2.  If You believe that another user of Our Website and/or any Tool has breached these Terms of Use please contact Us immediately.

6.3.  We are not a party to any transaction for the supply of goods or services advertised by any user of the Website and/or any Tool. Before entering into any transaction with any other user of the Website and/or any Tool, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

6.4.  Any dispute You have with another user of Our Website and/or any Tool is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website and/or any Tool, any sales and marketing practices of any users of Our Website and/or any Tool and in respect of any content uploaded by or on behalf of any user into the Website and/or any Tool.

We cannot be held responsible for the conduct of Our users.

7. Responsibility for third party claims

Operative ProvisionsSummary

7.1.  You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

    1. Your use of the Website and/or any Tool; and/or
    2. Your goods and/or services and/or your advertising and/or sales and/or marketing practices.
We are not responsible for any claims or complaints made by third parties about the Website, any Tool or Your use thereof.

8. Hyperlinks

Operative ProvisionsSummary
8.1. We do not represent, recommend, or endorse any websites to which We have linked from the Website via a hyperlink or otherwise.We are not responsible for third-party sites that maybe linked or displayed on Our Website or any Tool.

9. Liability

Operative ProvisionsSummary

9.1.  Except in respect of any Non-Excludable Guarantees, We do not represent that the information on the Website and/or produced by any Tool is accurate, correct, up-to-date, or error-free.

9.2.  The information on the Website and/or displayed via or produced from any Tool is not our professional, healthcare, or NDIS advice. You agree that You will seek all appropriate financial, legal, and other advice as applicable before relying on any information You obtain from the Website and/or any Tool.

9.3.  To the extent possible by law, We are not liable to You for any loss or damage incurred by You for loss of profits, loss of business opportunity, loss of revenue, loss of savings, or loss of data.

9.4.  To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to $200.

Our liability is limited in many ways.

10. Warranties – Australian Consumer Law

Operative ProvisionsSummary

10.1.  Any goods and services supplied by Us through the Website and/or any Tool (which for the avoidance of doubt, does not include goods or services supplied by any user of the Website and/or Tool to any person) may come with implied Non-Excludable Guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.

10.2. Where You are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

10.3.  If any goods or services supplied by Us to You are supplied to You in Your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended, You will have the benefit of certain Non-Excludable Guarantees in respect of those goods or services and nothing in these Terms of Use excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a Non-Excludable Guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic, or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, We limit Our liability for breach of any such Non-Excludable Guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:

    1. if the breach relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
    2. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

10.4.  Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

10.5.  Except in respect of any Non-Excludable Guarantees, all conditions, warranties, and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

We do not exclude liability that cannot be excluded under the Australian Consumer Law.

11. Termination

Operative ProvisionsSummary

11.1.  We may terminate these Terms of Use and Your access to the Website and/or any Tool or any part thereof at any time without notice.

11.2.  We may take down the Website or any Tool or any part thereof or take the Website or any Tool or any part thereof offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.

11.3.  Termination of these Terms of Use and access to the Website and/or any Tool does not affect any accrued rights of either party.

You and We can terminate Your access to the Website and/or any Tool under certain conditions.

12. Notices

Operative ProvisionsSummary

12.1.  Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.

12.2.  You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://cared.com.au/contact/ or by sending an email to us at hello@cared.com.au.

12.3.  Any notice issued by hand shall be deemed delivered upon delivery.

12.4.  Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

12.5.  Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.

12.6.  We may send You email or other electronic messages concerning the Website and/or any Tool from time to time.

Notices between You and Us are deemed to be delivered at different times, depending on how and when they are sent.

13. General

Operative ProvisionsSummary
13.1.  Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by UsWe reserve Our rights.
13.2.  Amendment: These Terms of Use may be amended by Us at any time.We can change these Terms of Use at any time.
13.3.  Assignment: You may not assign, transfer, license, or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license, or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.You cannot transfer Your rights under these Terms of Use unless We approve the transfer. We can transfer Our rights and obligations at any time.
13.4.  Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.If any part of these Terms of Use is not legally binding, the remainder of these Terms of Use is binding and in effect.
13.5.  Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.We are not partners, employers, or employees of one another.
13.6.  Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements, and agreements between You and Us regarding its subject matter.These Terms of Use set out Our entire agreement with You.
13.7.  Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in NSW. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in NSW in relation to any proceedings or disputes concerning these Terms of Use.Any legal action will be commenced in NSW.

14. Dictionary and Interpretation provisions

Operative ProvisionsSummary

14.1.  Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday – Friday excluding public holidays in NSW.

Business Hours means 9:00 am – 5:00 pm on Business Days.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.

Privacy Policy means Our Privacy Policy located at Privacy Policy.

Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.

Tools mean the online services that we make available on the Website at the following URLs: https://myplanassistant.cared.com.au/,https://searchserviceproviders.cared.com.au/, https://pricelist.cared.com.au/, and https://planparser.cared.com.au, including any content, images, text and other information appearing on any such page or screen of that URL and any source code and object code in that URL.

We, Our and Us means Cared Australia Pty Ltd ABN 98 633 602 445 of 501/10 Help St, Chatswood NSW 2067.

Website means the Cared website owned and/or provided by Us, the homepage URL of which is https://cared.com.au/ and also includes any content, images, text, and other information appearing on any page or screen of that website and any source code and object code in that website.

You mean you, the person who accesses the Website for any reason.

14.2.  Interpretation

In these Terms of Use:

  1. Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
  2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
  3. Currency refers to Australian dollars unless specified otherwise.
  4. The singular includes the plural and vice versa.
  5. A reference to a statute or regulation includes amendments thereto.
  6. A reference to a clause, subclause, or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
  7. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
  8. A reference to time is to time in NSW.
  9. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, a government body, a government department, and any other legal entity.
  10. The words “include”, “including” and similar expressions are not words of limitation.
Capitalized terms are defined in this clause.