Terms and Conditions

1. About the Website, Web and Mobile Applications

1. Welcome to www.cared.io (Website). The Website, Web and Mobile Applications (Cared Platform) are a platform to connect consumers with care providers in real-time for on-demand in-person or telehealth care (Services).
2. The Cared Platform is operated by Cared Global Pty Ltd (ACN 71 677 417 319). Access to and use of the Cared Platform, or any of its associated Products or Services, is provided by Cared Global Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Cared Platform, 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 Cared Platform, or any Services, immediately.
3. Cared Global Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cared Global 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

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

3. Registration to use the Services

1. n order to access the Services, you must first register for an account through a mobile application (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. Preferred username
   3. Mailing address
   4. Telephone number
   5. Password
   6. Gender, Date of Birth, medical conditions, medication, funding, and other details as required to match you with a client or carer
3. We are committed to protecting your personal information in compliance with the Australian Privacy Principles (APPs) and, where applicable, the General Data Protection Regulation (GDPR). Your sensitive data, such as health information, will be encrypted and stored securely. We will not share your personal information with third parties without your consent, except as required by law. You have the right to access, update, or request deletion of your personal data at any time.
4. You warrant that any information you give to Cared Global Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
5. Once you have completed the registration process, you will be a registered member of the Cared Platform (Member) and agree to be bound by the Terms.
6. 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 Cared Global 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 Cared Platform and 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 access to Cared Platform and of Services;
   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cared Global 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 Cared Platform is limited, non-transferable and allows for the sole use of the Cared Platform by you for the purposes of Cared Global Pty Ltd providing the Services;
   5. you will not use the Services or the Cared Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Cared Global Pty Ltd;
   6. you will not use the Services or Cared Platform 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 Cared Platform;
   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Cared Platform without notice and may result in termination of access to the Cared Platform and to the Services. Appropriate legal action will be taken by Cared Global Pty Ltd for any illegal or unauthorised use of the Cared Platform; and
   8. you acknowledge and agree that automated use of the Cared Platform is prohibited. Unauthorised bots or scripts used to collect data, spam, or manipulate the Cared Platform will result in account suspension and legal action. We reserve the right to monitor and block such activity.

5. Payment

1. All payments made in the course of your use of the Cared Platform and Services are made using Stripe, Google Pay or Apple Pay. In using the Cared Platform, 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 Stripe, Google Pay or Apple Pay terms and conditions which are available on their website.
2. 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.
3. You agree and acknowledge that Cared Global Pty Ltd can vary the Services Fee at any time.

6. Refund Policy

1. Cared Global 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 Cared Global Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
2. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

7. Copyright and Intellectual Property

1. The Cared Platform, the Services and all of the related products of Cared Global Pty Ltd are subject to copyright. The material on the Cared Platform 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 Cared Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, Mobile Applications code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cared Global Pty Ltd or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Cared Global Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
   
   1. use the Cared Platform pursuant to the Terms;
   2. copy and store the Cared Platform and the material contained in the CarePlatform in your device's cache memory; and
   3. print pages from the Cared Platform for your own personal and non-commercial use. Cared Global Pty Ltd does not grant you any other rights whatsoever in relation to the Cared Platform or the Services. All other rights are expressly reserved by Cared Global Pty Ltd.
3. Cared Global Pty Ltd retains all rights, title and interest in and to the Cared Platform and all related Services. Nothing you do on or in relation to the Cared Platform 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 such a thing, system or process).
4. You may not, without the prior written permission of Cared Global 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 Cared Platform, Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Cared Platform which are freely available for re-use or are in the public domain.
5. All user-generated content, including reviews or data uploaded to the Cared Platform, remains the property of the user. By using the Cared Platform, you grant Cared Global Pty Ltd a non-exclusive, royalty-free license to use, store, and distribute this content as needed to provide services. Any third-party tools or APIs integrated into the Cared Platform are subject to their respective licensing agreements, and users must comply with all applicable licensing terms.

8. Privacy

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

9. General Disclaimer

1. Our services are provided ‘as is’ and ‘as available’ and we make no guarantees regarding the outcomes or benefits of using the Cared Platform. However, under the Australian Consumer Law (ACL), you have rights if the services fail to meet acceptable standards. In such cases, we will provide a remedy, including repair, replacement, or refund. Cared Global Pty Ltd is not responsible for any indirect or consequential loss, except as required under the ACL.
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. Cared Global 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 Cared Platform and the Services is at your own risk. Everything on the Cared Platform 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 Cared Global Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Cared Global Pty Ltd) referred to on the Website and Cared Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   
   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 Cared Platform, the Services, or any of its Services related products (including third party material and advertisements on the Cared Platform);
   3. costs incurred as a result of you using the Cared Platform, the Services or any of the products of Cared Global Pty Ltd; and
   4. the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

1. Cared Global 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 Cared Global 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. Competitors

Competitors are prohibited from using the Cared Platform for commercial gain without prior written consent from Cared Global Pty Ltd. We define competitors as entities providing services similar to ours with the intent to compete for market share. Any breach of this provision will result in termination of access and legal action where necessary. Monitoring mechanisms will be in place to enforce this policy.

12. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Cared Global Pty Ltd as set out below.
2. You may terminate your account by providing us with 30 days’ notice via the 'Contact Us' link on the Website. Upon termination, we will delete all personal information related to your account within 30 days, except as required by law. You can request a copy of your data before termination. If we terminate your account for breach of these Terms, you will be notified and have the opportunity to address the breach.
3. Cared Global 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 provision;
   2. Cared Global Pty Ltd is required to do so by law;
   3. the provision of the Services to you by Cared Global Pty Ltd is, in the opinion of Cared Global Pty Ltd, no longer commercially viable.
4. Subject to local applicable laws, Cared Global 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 Cared Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cared Global Pty Ltd's name or reputation or violates the rights of those of another party.

13. Indemnity

You agree to indemnify Cared Global Pty Ltd, its affiliates, employees, agents, contributors, third party providers, 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 Mobile Applications or attempts to do so; and/or
3. any breach of the Terms.

14. Dispute Resolution

14.1. 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).

14.2. 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.

14.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 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, 28 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 Australian Mediation Association;
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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.

14.4. 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.

14.5. Termination of Mediation:
If 2 months 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.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. However, for international users, local consumer protection laws may apply where applicable. By using our services, you agree to the exclusive jurisdiction of the courts of New South Wales for any disputes. Exceptions to this jurisdiction may be made for users in the European Union (EU) or United States (US), where applicable laws will be observed.

16. 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.