Terms and Conditions
Terms and Conditions
Applied Aged Care Solutions
ABN 46 083
264 359
("AACS")
Last Amended: [
21/11/2003]
1. Acceptance of terms and conditions
1.1 In these
terms and conditions, unless the context otherwise dictates, "you"
means the Registrant or the Registrant's authorised representative
(in the case that the Registrant is registering on behalf of the
Registrant), and "your" has an equivalent meaning.
1.2 By
using any of the services provided by AACS whether on-line or
off-line (including but not limited to registering for the use of
such services) (the "AACS Services") you acknowledge that you have
read and agree to be bound by these terms and conditions as amended
from time to time ("Terms and Conditions").
1.3 AACS
may, in its absolute discretion, modify or amend these Terms and
Conditions from time to time and such modifications or amendments
will be binding upon you once displayed on this web site. You
agree to be bound by these Terms and Conditions as so amended and
your continued use of this website and/or the AACS Services will
constitute your agreement to be bound by these Terms and Conditions
as amended.
1.4 If you
do not comply with these Terms and Conditions, AACS has the right to
suspend or terminate your account at its absolute discretion by
providing you with notice or such suspension or termination.
2. Warranties provided by you
2.1 You warrant and acknowledge that:
(a) you
are over the age of 18 years and that you have the legal capacity to enter into a
legally binding contract;
(b) the information you provide on this website and/or
to AACS is:
1. correct, complete and current;
2. not misleading or
deceptive or likely to mislead or deceive; and
3. free from
any programming bugs or computer viruses, faults or
errors;
(c) you will maintain the information provided
by you on this website and/or to AACS, and/or notify AACS
immediately if any such information changes or becomes out of date,
to ensure that such information is always:
1. correct, complete and current; and
2. not misleading or
deceptive or likely to mislead or deceive;
(d) in the event that you have provided the
consent on behalf of the Registrant in a consent form for any AACS
Services, you are authorised to provide such consent;
(e) the information provided by you on this
website and/or to AACS may be used and relied upon in an
emergency;
(f) you will duly and punctually pay the
relevant registration and membership fees;
(g) you will comply with these Terms and
Conditions at all times;
(h) you will comply with all applicable laws in
relation to any transactions entered into on or via this web site
and you will not use this web site or the AACS Services for any
illegal or fraudulent purpose;
(i) you will not impede the use of this web site
by any person;
(j) you will not act in a way that, in the
sole and absolute opinion of AACS, is likely to be detrimental to
the interests of AACS;
(k) you will maintain the secrecy and
confidentiality of all username and password information required by
you to access the AACS Services and you will immediately notify AACS
if your password has been lost, stolen or compromised in any way;
and
(l) you will not impersonate any other
person or allow any other person to impersonate you or make use of
your username or password.
3. Information provided by third parties
3.1 This web site may contain links to third
party web sites and may contain information provided by third
parties.
3.2 You acknowledge and agree that insofar as
goods/services (and/or information about goods/services) are offered
on or through this web site by third parties (the "Third
Parties"):
(a) the information published on this web site about the
goods/services of Third Parties are provided by those Third
Parties. AACS is not responsible for the information published
by the Third Parties and AACS simply acts as a medium for the
publication of the information;
(b)
AACS does not act as
an agent or broker of the Third Parties nor
does AACS act as your agent or broker in relation to goods/services provided
by the Third Parties;
(c) AACS does not arrange contracts between you and the Third
Parties;
(d) AACS has no right or power to bind either you or the Third
Parties in relation to a Third Party's goods/services;
(e) any agreement entered into with a Third Party as a result
of your use of this web site is an agreement between the Third Party
and you;
(f) AACS does not provide advice to you in relation to the
goods/services offered by the Third Parties;
(g) AACS does not provide any warranties in relation to the
goods/services provided by the Third Parties and will not be liable
to you or any third party for any failure, wrong or default of a
Third Party;
(h) AACS will not be responsible for the resolution of any
dispute in relation to any agreement formed between you and a Third
Party; and
(i) AACS takes no responsibility for the content of any third
party web site that links to or from this web site.
4. Intellectual Property
4.1 Unless otherwise provided, all
intellectual property (including but not limited copyright and trade
marks) in the names, information, material, systems, processes and
concepts on this website are owned by or licensed to AACS.
Except as permitted by the Copyright Act 1968 (Cth), no part of this
web site may be copied, altered, modified or reproduced by any
process without the specific prior written permission of AACS.
5. Limitation of Liability
5.1 You acknowledge and agree that:
(a) while AACS has made
every reasonable effort to ensure that valid consent to collect,
store, use and disclose the Registrant's information has been
provided by You, AACS does not and
will not accept liability for any invalid, void, defective or unlawful
consent;
(b) AACS does not warrant
that listing the Registrant in any of the AACS Services will ensure
that the Registrant will be located in the event that they are
lost or that it will prevent the occurrence of a medical
emergency;
(c) the information provided
by AACS is of a general nature only and is not necessarily relevant
to your particular situation and does not replace the need for
individual professional advice, and accordingly, you must obtain
independent professional advice (whether medical or otherwise) to address your particular
situation;
(d) AACS does not warrant or
guarantee that this website will be error
free or that you will have continuous uninterrupted access to this
website;
(e) AACS may at
any time, modify or discontinue all or part of the AACS
Services.
5.2 To the full extent permitted by law, AACS, its directors,
officers, employees, agents, contractors and related bodies
corporate, will be under no liability to you or to any person in
respect of:
(a) any
costs, expenses, liabilities, claims, demands, proceedings, losses
or damage (including consequential and special loss or damage);
or
(b) injury or death;
which may be
suffered or incurred or which may result or arise directly or
indirectly from or in connection with:
(c) your
breach of these Terms and Conditions;
(d) omissions and/or inaccuracies in the information provided
by you on this website and/or to AACS;
(e) any
use of this web site or reliance on the information contained on
this website for whatever reason;
(f) any
transaction entered into through or via this website;
(g) the
provision or non-provision of the AACS Services or any other
services provided (or to be provided) by AACS to you or to any other
party;
(h) the collection, storage,
use or disclosure of the information provided by you to
AACS;
(i) a third party's use of your password or identification
details either with or without your knowledge;
(j) any delays,
errors, corruption of data, breakdown or interruption in the website
and/or the AACS Services;
whether or not such injury, death,
costs, expenses, liabilities, claims, demands, proceedings, losses
or damage was as a result of error or misrepresentation, negligent
act or omission, or any other cause whatsoever.
5.3 If any law prohibits the exclusion of liability referred to in
clause 5.1 and 5.2, AACS limits its liability to the extent
permitted by the law and at its option to one or more of the
following:
(a)
if the breach relates to goods:
(i) the replacement of the
goods or the supply of equivalent goods;
(ii) the payment of the
cost of replacing the goods or of acquiring equivalent goods;
or
(iii)
the repair of the goods;
(b)
if the breach relates to services:
(i) the supplying of the services again; or
(ii) the
payment of the cost of having the services supplied again;
(c) if the breach relates to the supply of information, to the
re-supply of such information.
6. Governing Law
6.1 These Terms and Conditions are governed by
and construed in accordance with the laws of the State of Victoria,
Australia, and you irrevocably submit to the exclusive jurisdiction
of the courts in the State of Victoria.
7. Entire Agreement
7.1 These Terms and Conditions set out the
entire agreement and understanding between you and AACS and
supersedes all prior agreements, understandings, representations and
warranties, whether express or implied.
8. Provisions Severable
8.1 If any provision of these Terms and
Conditions is found to be invalid, illegal or unenforceable, the
remaining terms and conditions shall continue in full force and
effect and such invalid, illegal or unenforceable provision shall be
deemed not to be a part of these Terms and Conditions.