WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.accurohomecare.com ('Website'). The Website provides information about our company and the services it offers .
1.2. The Website is operated by Accuro Home and Community Care PTY. LTD. (ABN 63 624 589 957) . Access to and use of the Website, or any of its associated Products or Services, is provided by Accuro Home and Community Care. 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.
1.3. Accuro Home and Community Care reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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 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 Accuro Home and Community Care in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of Accuro Home and Community Care 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 content 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 content are owned or controlled for these purposes, and are reserved by Accuro Home and Community Care or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Accuro Home and Community Care, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and (c) print pages from the Website for your own personal and non-commercial use. Accuro Home and Community Care does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Accuro Home and Community Care.
3.3. Accuro Home and Community Care retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: to you. (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) 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),
3.4. You may not, without the prior written permission of Accuro Home and Community Care 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 content or third party content 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.
5. General Disclaimer
5.1. 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
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content 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 Accuro Home and Community Care make any express or implied representation or warranty about the content or any products or content (including the products or content of Accuro Home and Community Care) 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 following: (a) 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; (b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the content or any of the products of Accuro Home and Community Care; and (d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. Accuro Home and Community Care's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that Accuro Home and Community Care, 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.
6.3. You acknowledge and agree that Accuro Home and Community Care holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing Accuro Home and Community Care with 0 days' notice of your intention to terminate by sending notice of your intention to terminate to Accuro Home and Community Care via the 'Contact Us' link on our homepage.
7.2. Accuro Home and Community Care may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Accuro Home and Community Care is required to do so by law; (c) Accuro Home and Community Care is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by Accuro Home and Community Care, is in the opinion of Accuro Home and Community Care, no longer commercially viable.
7.3. Subject to local applicable laws, Accuro Home and Community Care reserves the right to discontinue or cancel your access 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 Accuro Home and Community Care's name or reputation or violates the rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Accuro Home and Community Care have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8.1. You agree to indemnify Accuro Home and Community Care, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) 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; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
9. Dispute Resolution
9.1. 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).
9.2. 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.
9.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: (a) Within 21 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; (b) 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; (c) 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; (d) The mediation will be held in an agreed location, Australia.
9.4. 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.
9.5. Termination of Mediation: If 21 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.
10. Venue and Jurisdiction The Services offered by Accuro Home and Community Care 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.
11. 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.
12. 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.
13. 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.
Terms and Conditions Service agreement
The terms and conditions contained herein constitute the service agreement between the client and Accuro Homecare, Australia.
The use of our services includes the provision of your agreement to these terms and conditions and that the service will be bound by this agreement. If you do not agree with any of these terms and conditions you are unable to access Accuro Homecare services. It is in the client’s best interest to review this agreement.
Term of agreement
This agreement is effective as of 18th March 2008. Accuro Homecare reserves the right to update or modify these terms and conditions at any time.
Accuro Homecare agrees to provide Home and Home Care services to the client at an address specified by the client. In consideration, the client agrees to pay Accuro Homecare a service fee as agreed either verbally or in writing at the time of booking. Any alterations to the agreed service provided must be notified and agreed with Accuro Homecare prior to the commencement of the service. In the event that the client requires alterations to the agreed service at the time the service is being carried out, the client will contact Accuro Homecare's office by telephone immediately and will not request changes from the support officer attending the service. The service will be to undertake specific duties as agreed with the client either verbally or in writing at the time of booking. A booking may be made either in person, by telephone, fax, email or website. Accuro Homecare agrees to provide the service honestly and in a prompt and professional manner. Accuro Homecare agrees to supply a support officer who will be present at the client’s residence from the agreed commencement time on the agreed date and for the agreed duration.
Clients should let Accuro Homecare know if he/she is not going to be at home when a staff member is due to visit. Clients should act in a way which respects the rights of other clients and Accuro Homecare staff. Clients need to take responsibility for the results of any decisions they make. Clients are to play their part in helping Accuro Homecare to provide them with services. The client agrees to provide the support officer with access to the place of residence where the service is to be undertaken at the time and date agreed with Accuro Homecare at the time of booking. The client agrees to provide the support officer with access to equipment, hot and cold water, and electricity as required by the support officer to provide the service. If the client requires the support officer to provide services where heavy items are involved and/or need moving, such as a washing machine, cabinet, etc, then the client agrees to move any such items themselves prior to the commencement of the service. The client agrees to secure or remove any fragile or breakable items, jewellery, money, antiques or items of value prior to the commencement of the service. The client agrees to secure or remove any pets that may impede the provision of the service prior to the commencement of the service. The client agrees to provide all cleaning equipment, food and materials required by the support officer to provide the service, unless other arrangements have been made with Accuro Homecare. All cleaning equipment provided by the client should be safe and in full working order. The client agrees not to hire, use or employ any support officer introduced to them by Accuro Homecare either during or after the termination of the service, either privately or via any other business than Accuro Homecare. If the client does wish to hire, use or employ such a support officer they agree to pay Accuro Homecare a referral fee of AU$2,000.
The client acknowledges that the price they have been quoted for the provision of the service is based on Accuro Homecare’s best estimate of how long it will take to provide home and home care services. The client acknowledges that the provision of such an estimate by Accuro Homecare without inspecting where the service is to be provided is based solely on the average time it takes to provide home and home care services, and that a degree of flexibility may be required in the amount of work the support officer can reasonably complete within the agreed duration. Accuro Homecare reserves the right to amend an initial quotation, should the client's original requirements change. Any difference will be discussed and agreed with the client prior to a booking being made.
At the time of booking a service the amount of the service fee will be agreed upon between Accuro Homecare and the client. The client agrees to pay in full and prior to the service being provided the full amount of the service unless otherwise agreed upon between Accuro Homecare and the client. If the payment is not made before the service begins Accuro Homecare will contact the client and request an immediate payment otherwise the service will be cancelled and any cancellation fees will apply. Payment may be made via direct deposit, cheque, credit card or in cash in person at head office. Cheque payments should be made payable to Accuro Homecare. The client agrees to, if paying by credit card, give Accuro Homecare credit card details at the time of booking and authorisation to debit any fees that may apply or cancellation fees.
If the support officer fails to arrive on the day of the agreed date and within 30 minutes either side of the service start time at the client’s residence Accuro Homecare will refund the full payment to the client. Accuro Homecare may reschedule the service for the client at a later time and/or date that is agreed upon and convenient for the client. Any complaints regarding Accuro Homecare’s services should be made directly to Accuro Homecare where a complaints form can be filed. Accuro Homecare is committed to achieve 100% client satisfaction and will resolve any complaints efficiently and promptly. Compensation and/or refund is at the discretion of Accuro Homecare and may be offered if appropriate. Accuro Homecare reserves the right not to be responsible for: Any wear and tear as this is mostly due to depreciation of items from cleaning. Services being unfinished due to client intervention and/or lack of equipment. Existing damage, stains or wear and tear that cannot be completely serviced using current equipment. Client health that is untreatable by the qualifications of a home care worker. The client’s physical or mental state before and after a service that is result of the client’s negligence in deferring or refusing the available service.
Accidents, breakage/damage & theft
Accuro Homecare must be informed immediately of any incidents, accidents, damage, breakages or theft within 24 hours of the service being provided. Accuro Homecare has public liability insurance to cover against any incidents where Accuro Homecare is found liable to a 3rd party for personal injury or property damage. Accuro Homecare will send an incident report form which must be completed, signed and returned to Accuro Homecare within 7 days. Accuro Homecare will also contact the support officer to request an incident report. If an incident is not recorded within 24 hours and the incident report form is not completed within seven days the client is not entitled for compensation. In the case of breakage/damage to property Accuro Homecare may, at its discretion, repair the item or pay for a like replacement from a supplier of its choosing. Items specifically excluded from liability are: money, jewellery, art, antiques, and items of sentimental value. Accuro Homecare reserves the right not to be responsible for: Any damages caused by faulty materials and/or equipment. Any accidental damages worth AU$80 or less. Any accidental damages caused by the support officer if the client has any outstanding payment(s) owed to Accuro Homecare. Key replacement/locksmith fees unless keys were lost by Accuro Homecare or the support officer. In any case, the maximum amount of any liability claim shall be limited to AU$200 per client.
Cancellation of services must be given before 5pm on the previous business day to the service, including postponement, alterations or any reason that results in a difference to the original service. In the event that notice has been given Accuro Homecare will attempt to reschedule the service or change the service agreed upon by the client. The client agrees to pay for a 1 hour cancellation fee if notice has not been given before 5pm on the previous business day to the service and/or if the support officer is unable to perform their duties. Changes to this agreement Any changes to this agreement will become effective upon posting of this agreement on or within Accuro Homecare documents or electronic documents. Accuro Homecare reserves the right to update, modify or change this agreement without prior notice. The client agrees that any change s to this agreement while still receiving services will be bound by the new agreement with the opportunity to cancel services within 24 hours.
Indemnity & breach
Accuro Homecare and its directors, managers, officers, employees, sub-contractors and representatives are indemnified from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to the provision of the service. The client agrees that failure to abide by this agreement will be considered a breach and Accuro Homecare can terminate or suspend the agreement and/or provision of services.