Terms of Use

Introduction

This Terms of Use Agreement (Agreement) for YourCare Health Pty Ltd (YourCare) governs your use of the YourCare website and social media pages (Website). By using the Website you accept the terms of this Agreement and our Privacy Policy. 

Registration and User Requirements

YourCare is a member-based organisation and we require all members to be registered. Some of our content is available on public pages for users who have not registered, however you must be a registered to use all of our features, including our eCommerce marketplace and crowdfunding feature. 

When members become registered you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current. 

By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide. You may unsubscribe from this email list at any time.

To register an account and use the Website you must be at least 18 years old, and have capacity to enter into a legally binding agreement with us.

Access and use of the Website

You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law. 

You must not (or attempt to):

Interfere or disrupt our site or the servers or networks that

use data mining, robots, screen scraping or similar data gathering and extraction tools

interfere  with security-related or other features of our site; or

use, copy or distribute without our express permission.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our own.

Access and use of our Social Media pages

We will not be held responsible for third party posts on our social media pages. You will be responsible for content you post on our social media pages, and you must not post content that:

Breaches the terms of use of the relevant social media service provider;

Is defamatory or in contempt of legal proceedings;

Is misleading or deceptive;

That is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;

Is indecent, obscene or pornographic;

Infringes any third party intellectual property rights;

Contains any promotional or advertising material;

Contains or links to computer viruses, malware, spyware or similar software.

Supplier information on this Website

The YourCare website contains the names and contact details of providers health, disability and aged care support services in Australia. This content is presented in summary form, is general in nature, and is provided for informational purposes only. 

In spite of reasonable efforts to keep the content current, it may become out of date from time to time. The content is intended for the purposes of providing a link between the providers and consumers of health, disability and aged care support services. 

The information is not intended in any way to be a substitute for medical or occupational therapy advice and should not be interpreted as treatment recommendations. 

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disability. 

Neither the content nor any other service offered by or through this website is intended to be relied on for medical diagnosis or treatment, without a physician's interaction and involvement. Never disregard medical advice or delay in seeking it because of something you have read on this website. 

Information about YourCare’s community

YourCare provides members with access to a community, which allows members to participate in discussions, create connections with other members on the Website or invite their Facebook connections to create private networks.

Members can also participate in community initiating discussions or by answering questions posted by others on the Website.

YourCare members have the option of keeping their profile private, which means their personal profile can only be viewed by their connections.

YourCare aims to create a safe and trusting social network and we allow members to report any misconduct on the site. We reserve the right to delete any content that does not meet with the communities standards or expectations.

YourCare does not however accept responsibility or liability for content created by members in the community.

Information on this Website about vouchers

YourCare will engage with suppliers of products and services and invite them to post discount vouchers. These vouchers will represent a price or percentage discount on the product described on the voucher.

Information provided to vouchers on the Website is based on material provided by third party service providers, suppliers and product manufacturers. 

Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

All vouchers offered on the Website are offered on behalf of third party merchants. Any voucher shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the voucher. The merchant, and not YourCare, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any YourCare voucher you claim.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you claim the voucher.

Claiming a voucher from the Website entitles you to the discount described on that voucher from the supplier who has listed that voucher. 

Claiming a voucher is free on the website and members are not expected to pay for receiving the discount described on the voucher.

When a member claims a voucher listed by a supplier it is the responsibility of the member to redeem that voucher with the supplier. In doing so, the member enters into this Agreement and any terms and conditions of the supplier offering the voucher.

Vouchers will be accessible via your account. Your voucher will not be emailed to you and will only be accessible via your account. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.

In relation to goods provided by a third party on redemption of a YourCare Voucher, you recognise that the third party merchant is the supplier of the goods, and not YourCare.

To the extent permitted by law (including the Australian Consumer Law), YourCare makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.

The YourCare voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the YourCare voucher. 

The YourCare voucher cannot be exchanged or redeemed for cash. A YourCare voucher cannot be combined with any other discount or promotional offer unless specified by the supplier of that voucher.

Neither YourCare nor the supplier of the voucher is responsible for lost or stolen vouchers or fraudulent use (by a person other than YourCare or the supplier) of the voucher’s unique reference number.

YourCare vouchers may contain terms and conditions known as the 'Fine Print' that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.

YourCare vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.

It is the responsibility of the person claiming the voucher to redeem the voucher in communication with the supplier of that voucher. 

YourCare vouchers are free of charge for members and consequently there is no refund policy.

Participating in YourCare’s Crowdfunding platform

YourCare’s crowdfunding feature has been built to provide a network of mutual aid for members. Members can initiate a Campaign (Organiser) for financial assistance or provide financial assistance (Contributor) to the Organiser. Each Campaign, once initiated is sent to the connections of the Organiser. Currently there is a limited to each Campaign of $2500. 

YourCare records information about each members ‘reputation’, including the number of claims for financial assistance and contributions to others. This information is used to inform Contributors and assist their decision to provide financial assistance to the Organiser. Members pay a monthly or yearly fee, which allows them to request financial assistance from their network of connections. 

In providing this feature, YourCare operates as a peer to peer service. YourCare is not a financial institution, insurer, broker or charitable institution. YourCare provides the platform to allow members to provide mutual aid. YourCare in creating and administering the crowdfunding platform has taken reasonable steps to ensure each Campaign is conducted in a safe and secure way. 

YourCare does not hold any money transferred between members. YourCare uses a payment platform called Stripe to administer our crowdfunding platform. By using Stripe, YourCare does not store any credit or debit card details of our members. When a Contributor makes a financial contribution, Stripe holds this payment in escrow. The total amount of money collected during the Campaign is then transferred to the Organiser at the end of the Campaign period. By using Stripe, YourCare complies with the Payment Card Industry Data Security Standard (PCI DSS). More information about PCI compliance can be found on the Stripe website.

YourCare expressly prohibits Organisers from using the platform for the purposes of equity-based crowdfunding. All campaigns must be a donation.

YourCare does not guarantee a Campaign will obtain a certain amount of contributions and we make no guarantee, explicit or implied, that any information provided through a Campaign is accurate. 

We do not and cannot verify the information provided by the Organisers for each Campaign and do not guarantee that the contributions will be used in accordance with any fundraising purpose prescribed by a Campaign organiser. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. YourCare is not a party to any agreement between either party in a Campaign. By using YourCare, you acknowledge that all information and content accessed by you, including the crowdfunding platform is at your own risk.

We assume no responsibility to verify whether the Contributions are used in accordance with any applicable laws. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and this Agreement we do take the possibility of fraudulent activity and the misuse of Campaign contributions very seriously. If you have reason to believe that a Campaign Organiser is not raising or using the funds for their stated purpose, please contact us at [email protected] and we will investigate. You authorise YourCare to provide information relating to your Campaign to law enforcement and you acknowledge it is an offence to fraudulently misrepresent your situation or to make a false claim.

Campaign Organiser have a responsibility to provide Campaign information that is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user, and that all Contributions to your Campaign will be used solely as described.

Exclusion of warranties and liabilities

To the extent permitted by law, YourCare makes no representations or warranties as to the accuracy, reliability, completeness or currency of the content of this website, and the use of the website and its content is at your own risk. 

This website includes content provided by third parties, including suppliers of goods and services. 

YourCare makes no representations as to the accuracy, reliability, completeness or currency of such content or the nature, quality, reliability or suitability of the goods and services supplied by third parties. To the extent permitted by law, YourCare disclaims all warranties implied by custom, law or statute. 

In addition, YourCare does not warrant that the Website will operate error free or that this website or its services are free of viruses. 

YourCare accepts no liability for delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this website. 

Under no circumstances (including but not limited to an act or omission on the part of yourcare) will YourCare be liable for any indirect, incidental, special and/or consequential damage or loss of profits which result from any use or access of, or any inability to use or access, the website or any content. 

No responsibility for linked sites 

As a resource to users, this website provides links to other websites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of those linked sites. 

YourCare does not endorse the content on any third-party websites. 

YourCare is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding their content or accuracy. 

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. 

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.

Users must not share their login credentials with any other person, nor store their credentials in a non-secure manner.

Intellectual Property 

Copyright and all other intellectual property rights in all works within this website belong to or are licensed to YourCare on an non-exclusive, irrevocable, worldwide, royalty-free licence (which shall be assignable and sub-lettable) to use and reproduce the works. 

Documents published by YourCare on the internet may not be copied, without prior written consent, other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. 

The brand names, logos, trademarks and related taglines on this website are either licensed to or are owned by and are the intellectual property of YourCare. The use or misuse of these items, except as permitted by this website, is expressly prohibited.

Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

we shall be entitled to assign the benefit of any agreements we have with you to the third party.

Nothing in this clause shall be taken to effect the rights of EU residents under the GDPR.

General

YourCare does not guarantee that the YourCare site will remain stable or available and we will not be liable for any delay in performing any of our obligations under this Agreement.

YourCare reserves the right to suspend or terminate your access to the YourCare website without notice to you.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Jurisdiction issues

YourCare is located in Sydney, New South Wales, Australia. This site is intended for the exclusive use of residents of Australia. Access to the content may not be legal by certain persons or in certain countries outside of Australia. 

If you access this site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

This Agreement is governed by New South Wales law in Australia. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. 

You expressly agree that exclusive jurisdiction for any dispute with YourCare, or in any way relating to your use of this site, resides in the courts of New South Wales.

Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

Last updated September 2018