The terms and conditions which govern your use of the ShiftCare Connect website (Site) made available at (https://connect.shiftcare.com) are set out below.
The ShiftCare App is provided by ShiftCare Pty. Ltd. (ABN: 88 611 756 711) (we, us and our) to users (you and your).
We operate the Site, an online platform that provides current listings qualified health service providers in the areas of community, home, disability and age care. The health service providers are referred to as Carers and the listing of Carers are referred to as Listings in these terms and conditions.
These terms and conditions govern your use of the Site and booking of Carers through the Site.
You promise us that:
• you are at least 18 years of age; and
• any details you provide to us are true, accurate and complete when you submit them.
• You must comply with any policies published by us on the Site.
You must not:
• impersonate others or misrepresent your affiliation with others;
• interrupt or attempt to negatively impact or alter the operation of the Site in any way; or
• use the Site in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
Our service extends insofar as updating and maintaining the Site.
We are not responsible for any communication, interaction or relationship between you and the Carer that arises from your use of the Site.
We do not independently verify the qualifications, skills or experience of a Carer and we do not independently verify the details they provide in their Listing.
The Site may from time to time contain links to other websites. These are provided for convenience only. We have no control over or responsibility for anything on those websites. Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
We will, to the best of our ability, ensure the Site is available for access at all times but are not responsible if you are not able to access the Site as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.
Whilst we take all due care in providing the Site, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the law of Australia.
We take all due care in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Site or any linked site.
To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.
We are not responsible for, and you release us from liability arising out of or in connection with, your use of information found on the Site or arising out of your engagement of or any interaction you may have with a Carer found by you through the Site.
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
The Listings on the Site are provided by the Carers and the Carers are not employees or agents of ours.
Thus, if you participate in any services or engage a with a Carer in any manner you do at your own risk. We encourage you to make your own enquiries to verify the Carers and to assess the suitability of a Carer to your needs.
You acknowledge that some of those risks cannot be eliminated. You specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary health care provider, prior to participating, to ensure that any Carer’s service is appropriate for you.
We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.
To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of the Site again or payment of the costs of having the Site supplied again.
We accept no liability for any loss caused in whole, or in part, by your misuse of the Site.
When you become a user of the Site you may provide us with some information about yourself. This information may be used by us to improve the Site functions and for our own records. We will not pass your personal information onto any third party.
You acknowledge that any intellectual property rights including graphics, logos, design, or icons relating to the Site remain the property of us or our licensors.
We reserve the right to suspend or terminate your right to use our Site if, at any time, you breach these terms and conditions.
We reserve the right to monitor your use of the Site for the purpose of ensuring that the Site is functioning as we intended and that users are complying with these terms and conditions.
We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. However, you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.
If you access the Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer access the Site.
If you wish to make any comments about the Site or your experience as a user, please do so by submitting your comments by email to [email protected].
If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.
Published: 6 July 2017
Copyright 2017 ShiftCare