Welcome to caresquare.au (Website). The Website allows you to access and use the Caresquare Application (Services).
The Website is operated by Able Technology Group (Caresquare), ACN/ABN 673407844 . Access to and use of the Website, or any of its associated products or Services, is provided by Caresquare. 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.
Caresquare reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Caresquare 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.
Acceptance of the Terms
By using any Services provided by Caresquare, you agree to these Terms.
About the Service
Caresquare Application is a platform for NDIS Plan Managers, Support Coordinators, Participants, and other related NDIS stakeholders.
Invoice Only, Platform, and Custom accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
Invoice Only and Custom account types are only available by the execution of a separate written agreement between you and Caresquare.
Some accounts may be governed by a separate Software Licensing Agreement with Caresquare, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
Acceptable use of the Service
Caresquare Application, its related features, and website must only be used lawfully. Caresquare reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
To engage in any act that would disrupt the access, availability, and security of Caresquare Application and other Caresquare services, including but not limited to:
Tampering with, reverse-engineering, or hacking our servers.
Modifying, disabling, or compromising the performance Caresquare Application or other Caresquare services.
Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Caresquare.
For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
To stalk, harass or threaten users and any member of the public.
To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Caresquare or any third party
To access or search any part of the Service, or any other Service owned by Caresquare other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
To post, upload, share, or otherwise circulate content in violation of Caresquare Application’s content policy
Security and Data Privacy
Caresquare takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Caresquare’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Caresquare’s processes, policies, and obligations in respect of Caresquare Application security breaches.
Data Use
Caresquare collects, stores, and processes your data on Caresquare Application. The data is used to provide Services to you, as well as to facilitate Caresquare’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Caresquare. The Privacy Policy also addresses Caresquare's processes, policies, and obligations in respect of data encryption and removal requests.
Subscription to use the Service
Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
Unless otherwise agreed, the Subscription Period renews at the beginning of each calendar month.
Payment must be made for all usage in a Subscription Period in accordance with Clause 8 (Payment) below.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Caresquare; or
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
Payments
For the purposes of this agreement, an Active Participant is defined as:
A person who has an NDIS plan; and
Whose first name, last name, participant number, and date of birth has been entered into the Software; and
Has been marked as Active, or has been linked to an invoice entered into the Software during the applicable billing period.
The Subscription Fee is calculated as AUD$5.00 (excl. GST) per Active Participant per calendar month, unless otherwise agreed by the execution of a separate written agreement.
The Subscription Fee will be invoiced at the beginning of each month Active Participant usage in the prior calendar month.
Subscription Fee invoices must be paid within 14 days of receipt. Caresquare reserves the right to restrict access to the Software if payment is not received within 14 days of receipt of invoice.
Payments made in the course of your use of Caresquare Application may be made using third-party applications and services not owned, operated, or otherwise controlled by Caresquare. You acknowledge and agree that Caresquare will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Caresquare Application services.
You acknowledge and agree that where a request for the payment of the Subscription 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 Subscription Fee.
You agree and acknowledge that Caresquare can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the provision of 60 days written notice.
Refund Policy
Caresquare offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Caresquare will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Caresquare makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
Copyright and Intellectual Property
The Website, the Services and all of the related products of Caresquare 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 Services 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 Services are owned or controlled for these purposes, and are reserved by Caresquare or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Caresquare, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use.
Caresquare does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Caresquare.
Caresquare retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
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), to you.
You may not, without the prior written permission of Caresquare 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 Services or third party Services 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.
General Disclaimer
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 limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Caresquare 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.
Use of the Website and the Services is at your own risk. Everything on the Website 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 Caresquare make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Caresquare) 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:
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;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Caresquare; and
the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
Caresquare'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.
You expressly understand and agree that Caresquare, 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.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Caresquare as set out below.
If you want to terminate the Terms, you may do so by:
not renewing the Subscription prior to the end of the Subscription Period;
providing Caresquare with 30 days’ notice of your intention to terminate; and
closing your accounts for all of the services which you use, where Caresquare has made this option available to you.
Any notices pursuant to Clause 13(b) above should be sent, in writing, to Caresquare via the 'Contact Us' link on our homepage.
Caresquare may at any time, terminate the Terms with you if:
you do not renew the Subscription at the end of the Subscription Period;
you have breached any provision of the Terms or intend to breach any provision;
Caresquare is required to do so by law;
the provision of the Services to you by Caresquare is, in the opinion of Caresquare, no longer commercially viable.
Subject to local applicable laws, Caresquare reserves the right to discontinue or cancel your Subscription or Account 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 Caresquare's name or reputation or violates the rights of those of another party.
Storage of data
Caresquare stores data, including any bills created, imported, or manually archived by the User for the duration of the subscription. Additionally, during the Free Trial Period (FTP), Caresquare will store any bills created, imported, or archived by the User for seven (7) years from the document upload date, after which the documents may be deleted and will no longer be accessible. Any hyperlinks to these documents may also become inactive.
Caresquare will store attachments for the same duration as the source documents to which they are attached.
In accordance with regulatory requirements, Caresquare stores User data on cloud servers provided by Amazon Web Services (AWS), located in Sydney and Melbourne. When the User accesses or inputs data from a location other than where the data is stored, the User agrees to the transfer of data between jurisdictions (including via any intermediate jurisdiction) as a function of transmission across the Internet.
Indemnity
You agree to indemnify Caresquare, to the fullest extent of the law, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
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;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
Dispute Resolution
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).
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.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
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;
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;
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;
The mediation will be held in Sydney, Australia.
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.
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.
Venue and Jurisdiction
The Services offered by Caresquare 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.
Governing Law
The Terms are governed by the laws of New South Wales. 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.
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.
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