Terms & Conditions Of Use

1. About the Website

  1. Welcome to the Care1 Pty Ltd (Website). The Website care and support
  2. The Website is operated by Care1 Pty Ltd (ACN 120730163). Access to and
    use of the Website, or any of its associated Products or Services, is
    provided by Care1 Pty Ltd. Please read these terms and conditions (Terms)
    carefully. By using, browsing and/or reading the Website, this signifies
    that you have read, understood and agree to be bound by the Terms. If you do
    not agree with the Terms, you must cease usage of the Website, or any of
    Services, immediately.
  3. Care1 Pty Ltd reserves the right to review and change any of the Terms
    by updating this page at its sole discretion. When Care1 Pty Ltd updates the
    Terms, it will use reasonable endeavours to provide you with notice of
    updates to the Terms. Any changes to the Terms take immediate effect from
    the date of their publication. Before you continue, we recommend you keep a
    copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. You may also accept
    the Terms by clicking to accept or agree to the Terms where this option is
    made available to you by Care1 Pty Ltd in the user interface.

3. Registration to use the Services

  1. In order to access the Services, you must first register for an account
    through the Website (Account).
  2. As part of the registration process, or as part of your continued use of
    the Services, you may be required to provide personal information about
    yourself (such as identification or contact details), including:
    1. Email address
    2. Mailing address
    3. Telephone number
    4. Password
    5. Support Services required
  3. You warrant that any information you give to Care1 Pty Ltd in the course
    of completing the registration process will always be accurate, correct and
    up to date.
  4. Once you have completed the registration process, you will be a
    registered member of the Website (Member) and agree to be bound by the
  5. (You may not use the Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with Care1 Pty
      Ltd; or
    2. you are a person barred from receiving the Services under the laws
      of Australia or other countries including the country in which you are
      resident or from which you use the Services.

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following:
    1. you will use the Services only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices
        or guidelines in the relevant jurisdictions;
    2. you have the sole responsibility for protecting the confidentiality
      of your password and/or email address. Use of your password by any other
      person may result in the immediate cancellation of the Services;
    3. any use of your registration information by any other person, or
      third parties, is strictly prohibited. You agree to immediately notify
      Care1 Pty Ltd of any unauthorised use of your password or email address
      or any breach of security of which you have become aware;
    4. access and use of the Website is limited, non-transferable and
      allows for the sole use of the Website by you for the purposes of Care1
      Pty Ltd providing the Services;
    5. you will not use the Services or the Website in connection with any
      commercial endeavours except those that are specifically endorsed or
      approved by the management of Care1 Pty Ltd;
    6. you will not use the Services or Website for any illegal and/or
      unauthorised use which includes collecting email addresses of Members by
      electronic or other means for the purpose of sending unsolicited email
      or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and
      other forms of solicitation may be removed from the Website without
      notice and may result in termination of the Services. Appropriate legal
      action will be taken by Care1 Pty Ltd for any illegal or unauthorised
      use of the Website; and
    8. you acknowledge and agree that any automated use of the Website
      or its Services is prohibited.

5. Payment

  1. Where by way of: the option is given to you, you may make payment for
    the Services (Services Fee)
    1. Electronic funds transfer (EFT) into our nominated bank account
    2. Credit Card Payment (Credit Card)
    3. Payment via funding body directly to Care1 Pty Ltd
  2. All payments made in the course of your use of the Services are made
    using Electronic Funds Transfer EFT. In using the Website, the Services or
    when making any payment in relation to your use of the Services, you warrant
    that you have read, understood and agree to be bound by the Electronic Funds
    Transfer EFT terms and conditions which are available on their website.
  3. You acknowledge and agree that where a request for the payment of the
    Services Fee is returned or denied, for whatever reason, by your financial
    institution or is unpaid by you for any other reason, then you are liable
    for any costs, including banking fees and charges, associated with the
    Services Fee.
  4. You agree and acknowledge that Care1 Pty Ltd can vary the Services Fee
    at any time.

6. Refund Policy

Care1 Pty Ltd will only provide you with a refund of the Services Fee in the
event they are unable to continue to provide the Services or if the manager of
Care1 Pty Ltd makes a decision, at its absolute discretion, that it is
reasonable to do so under the circumstances (Refund).

7. Copyright and Intellectual Property

  1. The Website, the Services and all of the related products of Care1 Pty
    Ltd are subject to copyright. The material on the Website is protected by
    copyright under the laws of Australia and through international treaties.
    Unless otherwise indicated, all rights (including copyright) in the Services
    and compilation of the Website (including but not limited to text, graphics,
    logos, button icons, video images, audio clips, Website code, scripts,
    design elements and interactive features) or the Services are owned or
    controlled for these purposes, and are reserved by Care1 Pty Ltd or its
  2. All trademarks, service marks and trade names are owned, registered
    and/or licensed by Care1 Pty Ltd, who grants to you a worldwide,
    non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained in the
      Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and
      non-commercial use. Care1 Pty Ltd does not grant you any other rights
      whatsoever in relation to the Website or the Services. All other rights
      are expressly reserved by Care1 Pty Ltd.
  3. Care1 Pty Ltd retains all rights, title and interest in and to the
    Website and all related Services. Nothing you do on or in relation to the
    Website will transfer any:
    1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. a thing, system or process that is the subject of a patent,registered design or copyright (or an adaptation or modification of sucha thing, system or process), to you.
  4. You may not, without the prior written permission of Care1 Pty Ltd and
    the permission of any other relevant rights owners: broadcast, republish,
    up-load to a third party, transmit, post, distribute, show or play in
    public, adapt or change in any way the Services or third party Services for
    any purpose, unless otherwise provided by these Terms. This prohibition does
    not extend to materials on the Website, which are freely available for
    re-use or are in the public domain.

8. Privacy

  1. Care1 Pty Ltd takes your privacy seriously and any information provided
    through your use of the Website and/or Services are subject to Care1 Pty
    Ltd’s Privacy Policy, which is available on the Website.

9. General Disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the
    Australian Consumer Law (or any liability under them) which by law may not
    be limited or excluded.
  2. Subject to this clause, and to the extent permitted by law:
    1. all terms, guarantees, warranties, representations or conditions
      which are not expressly stated in the Terms are excluded; and
    2. Care1 Pty Ltd will not be liable for any special, indirect or
      consequential loss or damage (unless such loss or damage is reasonably
      foreseeable resulting from our failure to meet an applicable Consumer
      Guarantee), loss of profit or opportunity, or damage to goodwill arising
      out of or in connection with the Services or these Terms (including as a
      result of not being able to use the Services or the late supply of the
      Services), whether at common law, under contract, tort (including
      negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website and the Services is at your own risk. Everything on
    the Website and the Services is provided to you “as is” and “as available”
    without warranty or condition of any kind. None of the affiliates,
    directors, officers, employees, agents, contributors and licensors of Care1
    Pty Ltd make any express or implied representation or warranty about the
    Services or any products or Services (including the products or Services of
    Care1 Pty Ltd) referred to on the Website. This includes (but is not
    restricted to) loss or damage you might suffer as a result of any of the
    1. failure of performance, error, omission, interruption, deletion,
      defect, failure to correct defects, delay in operation or transmission,
      computer virus or other harmful component, loss of data, communication
      line failure, unlawful third party conduct, or theft, destruction,
      alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the
      Website, the Services, or any of its Services related products
      (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Services
      or any of the products of Care1 Pty Ltd; and
    4. the Services or operation in respect to links which are provided
      for your convenience.

10. Limitation of liability

  1. Care1 Pty Ltd’s total liability arising out of or in connection with the
    Services or these Terms, however arising, including under contract, tort
    (including negligence), in equity, under statute or otherwise, will not
    exceed the resupply of the Services to you.
  2. You expressly understand and agree that Care1 Pty Ltd, its affiliates,
    employees, agents, contributors and licensors shall not be liable to you for
    any direct, indirect, incidental, special consequential or exemplary damages
    which may be incurred by you, however caused and under any theory of
    liability. This shall include, but is not limited to, any loss of profit
    (whether incurred directly or indirectly), any loss of goodwill or business
    reputation and any other intangible loss.

11. Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by
    Care1 Pty Ltd as set out below.
  2. If you want to terminate the Terms, you may do so by:
    1. providing Care1 Pty Ltd with days’ notice of your intention to
      terminate; and
    2. closing your accounts for all of the services which you use, where
      Care1 Pty Ltd has made this option available to you. Your notice should
      be sent, in writing, to Care1 Pty Ltd via the ‘Contact Us’ link on our
  3. Care1 Pty Ltd may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms or intend to breach any
    2. Care1 Pty Ltd is required to do so by law;
    3. the provision of the Services to you by Care1 Pty Ltd is, in the
      opinion of Care1 Pty Ltd, no longer commercially viable.
  4. Subject to local applicable laws, Care1 Pty Ltd reserves the right to
    discontinue or cancel your membership at any time and may suspend or deny,
    in its sole discretion, your access to all or any portion of the Website or
    the Services without notice if you breach any provision of the Terms or any
    applicable law or if your conduct impacts Care1 Pty Ltd’s name or reputation
    or violates the rights of those of another party.

12. Indemnity

  1. You agree to indemnify Care1 Pty Ltd, its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses,
      loss and damage (including legal fees on a full indemnity basis)
      incurred, suffered or arising out of or in connection with your content;
    2. any direct or indirect consequences of you accessing, using or
      transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms.

13. Dispute Resolution

  1. Compulsory: If a dispute arises out of or relates to the Terms, either
    party may not commence any Tribunal or Court proceedings in relation to the
    dispute, unless the following clauses have been complied with (except where
    urgent interlocutory relief is sought).
  2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen
    under the Terms, must give written notice to the other party detailing the
    nature of the dispute, the desired outcome and the action required to settle
    the Dispute.
  3. Resolution: On receipt of that notice (Notice) by that other party, the
    parties to the Terms (Parties) must:
    1. Within 14 days of the Notice endeavour in good faith to resolve the
      Dispute expeditiously by negotiation or such other means upon which they
      may mutually agree;
    2. If for any reason whatsoever, 14 days after the date of the Notice,
      the Dispute has not been resolved, the Parties must either agree upon
      selection of a mediator or request that an appropriate mediator be
      appointed by the President of the Australian Mediation Association or
      his or her nominee;
    3. The Parties are equally liable for the fees and reasonable
      expenses of a mediator and the cost of the venue of the mediation and
      without limiting the foregoing undertake to pay any amounts requested by
      the mediator as a pre-condition to the mediation commencing. The Parties
      must each pay their own costs associated with the mediation;
    4. The mediation will be held in a location agreed upon by all
      parties, Australia.
  4. Confidential: All communications concerning negotiations made by the
    Parties arising out of and in connection with this dispute resolution clause
    are confidential and to the extent possible, must be treated as “without
    prejudice” negotiations for the purpose of applicable laws of evidence.
  5. Termination of Mediation: If 30 days have elapsed after the start of a
    mediation of the Dispute and the Dispute has not been resolved, either Party
    may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by Care1 Pty Ltd is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be
in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of New South Wales,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors
and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms
shall remain in force.