Terms and Conditions

Terms and Conditions – Find Aged Care Accommodation

1. Introduction

1.1. These terms and conditions shall govern your use of our website.

1.2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright Notice

2.1. Copyright (c) 2021 Find Aged Care Accommodation.

2.2. Subject to the express provisions of these terms and conditions:

– we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

– all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. License to use website

3.1. You may not access or use the Site for any purpose other than that for which we make the site and our services available.

3.2. You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.3. Unless you own or control the relevant rights in the material, you must not:

(a) re-publish material from our website (including re-publication on another website); (b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.4. Notwithstanding Section 3.2, you may redistribute our newsletter, blogs or events information in print and electronic form to any person.

3.5. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable Use

4.1. You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Subscriptions, Registration and account management

5.1. You represent and warrant that:

(a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;

(b) you will maintain the accuracy of such information and promptly update such information as necessary;

(c) you will keep your password confidential and will be responsible for all use of your password and account;

(d) you have the legal capacity and you agree to comply with these Terms and Conditions; and ; (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

5.2. If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at admin@findagedcareaccommodation.com.au.

5.3. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

6. Your website content

6.1. In these terms and conditions, “your website content” means all works and materials, including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

6.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and publish your content on and in relation to this website and any successor website. 6.3. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

6.4. You warrant and represent that your content will comply with these terms and conditions.

6.5. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

6.6. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(b) infringe any right of confidence, right of privacy or right under data protection legislation; (c) constitute negligent advice or contain any negligent statement;

(d) be in contempt of any court, or in breach of any court order;

(e) be in breach of any contractual obligation owed to any person; or

(f) be untrue, false, inaccurate or misleading.

6.7. Your content must conform with the guidelines.

7. Limited warranties

7.1. We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

7.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

8. Limitations and exclusions of liability

8.1. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

8.2. We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

8.3. Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• You and your business holds Find Aged Care Accommodation harmless from any action, claims, liability or loss in respect of the performance of the services. Under this hold harmless clause, the coach is not only prevented from bringing any claim against the business (even if Find Aged Care Accommodation has contributed to the loss or liability in the first place), the coach may be required to “hold the principal harmless” by ensuring that Find Aged Care Accommodation doesn’t suffer any loss or liability as a result of the performance of the services which may include claims by a third party.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Site/Services; or

• use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. Links to third party content

9.1. The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

9.2. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

10. Breach

10.1.Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) suspend or delete your account on our website.

11. Trade marks

11.1.Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights, unless you have our permission in writing.

11.2.The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

12. Variation

12.1.We may revise these terms and conditions from time to time.

12.2.The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13. Assignment

13.1.You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

13.2.You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14. Severability

14.1.If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2.If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Entire agreement

15.1.Subject to Section 8.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16. Law and jurisdiction

16.1.These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria.

16.2.Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.

17. Our details

17.1.This website is owned and operated by Find Pty Ltd

17.2. We are registered in the State of Victoria under ABN 19 123 897 030

17.3. Our postal address is 248 Wonga Road Warranwood VIC 3134

17.4.You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(c) by email, using the email address published on our website

Please do

• Post clear, valuable, honest information

• Be nice to others; do not attack other users, individuals or groups

• Use good grammar and check your spelling

• Make your articles useful and informative

• Make your listing relevant to the website

• Ensure you have permission to publish all content, including copy, photos, video, etc • Advertise your own expertise and coaching services

Please don’t

• Use obscene, profane or offensive language or gestures

• Publish content or advertisements on behalf of other businesses or individuals, regardless of whether you have accepted a fee to do so or not

• Publish or link to content which is off-topic or disruptive of coaching discussion • Use excessive capitalisation and punctuation

• Publish or link to content that threatens, harasses or impersonates other users, or discloses private or personal matters concerning any person

• Publish or link to content that is sexually explicit or contains profanity • Publish any material that violates the copyrights or other intellectual property rights of others

• Violate any other applicable laws or regulations

If we become aware of changes that violate these guidelines, or our terms of service, we reserve the right to roll back the edits to a previous version of the article, prevent you from submitting or editing articles, remove articles, suspend your listing or terminate your listing, depending on the severity of the issue.

Submissions that breach these guidelines will be removed. Repeated breaches of the guidelines and/or terms of use may result in listing suspension, your access to the site being blocked, or in certain cases your details being passed to law enforcement agencies.

Images / video

You are encouraged to upload images or video to this site where they will help you to promote your coaching business or content submissions.

It is your responsibility to ensure you have permission from the copyright owners to upload and use images and video.

The site owners bear no responsibility for images or video uploaded by users, but will act accordingly and in favour of copyright holders. If you believe your copyright has been infringed upon, please report it to us so we can investigate, and if necessary take down the offending content.

Reporting content

You can report any content which you believe breaches these guidelines, or any other applicable law.

If you believe your content has been used without your permission by a user of this site, or individuals/organisations have been misrepresented, also please report it.