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TERMS AND CONDITIONS


These terms and conditions (“Terms”) apply to the use of the digital platform (“Platform”) and services provided by Care Corner Pty Ltd trading as CareCorner ABN 84 655 617 842 (“CareCorner”). By accessing or using the Platform, the User agrees to be bound by these Terms.

 

The “User” means a person who receives services to assist with a disability and uses the Platform to coordinate support from their Care Team.

 

The “Care Team” includes any person who provides the User with disability support services and whom the User grants permission to access the Platform to assists with their care, including (but not limited to) parent(s), friend(s), family member(s), nurse(s), doctor(s), support worker(s), or carer(s) acting on behalf of the User.



1 Use of Platform
The Platform is intended to help coordinate disability support by allowing the User to:
(a) track observations and interventions relating to the person with a disability and their support services;
(b) send secure messages to, and receive secure message from, anyone assigned to the relevant Care Team,
(c) send and receive secure chat messages, saved and accessible, including photos, voice notes, PDFs and other common file types, and
(d) review daily, weekly and custom reports identifying trends.


The User agrees to use the Platform only for lawful purposes and in accordance with these Terms. The User agrees not to use the Platform:
(a) In any way that violates any applicable federal, state, local, or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(c) to infringe upon or violate any intellectual property rights;
(d) to create, upload or transmit a virus, malware or any other computer code designed to interfere with the normal function of or data stored on a computer, mobile device or network;
(e) to engage in any fraudulent or objectionable activity including by pretending or holding yourself out to be somebody you are not, 'phishing', 'spoofing' or spamming
(f) To engage in any other conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by CareCorner, may harm CareCorner or users of the Platform or expose them to liability.
If the User engages in any of these activities, CareCorner may close or suspend the User’s account and restrict their access to and use of the Service. CareCorner may also remove any data stored in connection with the User’s account or disclose information in relation to their account to law enforcement, regulatory bodies or other appropriate parties. CareCorner may do these things without telling the User.


2 User Obligations

(a) The User agrees to create an account for the Service and invite any other users to the CareTeam.

(b) The User must provide their name, an email address, mobile number and password to create their account with us and to access the Service.

(c) The User must keep the password secure and not disclose it to anyone. CareCorner is not liable for any issues or liabilities that may arise out of the User’s failure to keep their password secure. The User will need their email address and password to log into their account to use the Service. When the User logs into their account they will be able to access the Service.

(d) The User is solely responsible for all activities that occur under their account and for the security of their mobile device from which the Service is accessed.

(e) The User must use the Service legally and appropriately.


3 Fees
The User agrees to pay Fees for the Service which will be charged and are payable by the User for the Account Holder profile in accordance with this clause.


Unless otherwise agreed by the parties in writing, any Fees that are charged for the User’s chosen Payment Subscription must be paid in advance at the outset of the User’s Payment Subscription for the upcoming year and on each anniversary of that date thereafter until the User account is closed for any reason in accordance with these terms of service.


CareCorner may change the Fees for the Service at any time and the changed fees will apply upon the subscription renewal date.


4 Use of Deidentified Data
CareCorner may use deidentified global data for research purposes to improve the Platform and services. The User agrees that CareCorner may collect, use, and disclose deidentified data without any further consent from User. CareCorner will use its best efforts to ensure that deidentified data is not re-identified or linked to any identifiable individual, group, or entity. For more information, please see our Privacy Policy.


5 Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of CareCorner or its licensees and is protected by applicable intellectual property laws. The User agrees not to copy, reproduce, modify, sell, lease, reverse engineer, distribute, display, create derivative works, or attempt to extract the source code of any software based on any of the content on the Platform. Some software or content may be provided to the User under a separate licence. In the event that the separate licence conflicts with the licence under this agreement, the terms of the separate licence prevail to the extent of the conflict. Therefore, the User agrees that CareCorner or their third party suppliers own all intellectual property rights in connection with the Service. CareCorner gives the User a limited personal, royalty-free, non-assignable and non-exclusive license to use any software or content provided in connection with the Service.

The User retains all proprietary rights they have in the content, including any videos, photos, voice notes, and PDF files they upload in connection with the Service. The User grants CareCorner, and have ensured that any third party holders of intellectual property in the content that they upload have granted to CareCorner, a licence to use, store, host, copy, modify and transmit this information for the purposes of providing the User with the Service. If the User contacts CareCorner with comments or suggestions about the Service, the User grants CareCorner a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use their ideas.


6 Termination / Closing Account

CareCorner may terminate or suspend the User’s access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches these Terms. If the User misuses or breaches any confidentiality or proprietary obligations related to the intellectual property, CareCorner reserves the right to terminate the User's account immediately without prior notice or liability. The User agrees to indemnify and hold harmless CareCorner and its affiliates, officers, directors, employees, agents, licensees, and suppliers from any claim or demand arising out of or in connection with User's breach of this clause.

 

If CareCorner closes the User’s account in this way, CareCorner may delete some or all of the User data and the User will no longer have access to it.

 

The User can close their account at any time. If their account is closed CareCorner will make reasonable efforts to make any data the User stored in connection with the Service available to the User for a period of 30 calendar days. After this period, CareCorner may delete the User’s data and the User will no longer have access to it. If the User closes the account prior to expiration of the subscription fee, no refund will apply.


7 Disclaimer of Warranties
Subject to any condition, warranty or right implied by law which cannot be excluded by agreement, the Platform and services are provided "as is" and without warranty of any kind.


Where any condition, warranty or right is implied by law and cannot be excluded, CareCorner limit our liability for breach of that implied condition, warranty or right, in connection with the Service to one of the following, as CareCorner reasonably determine:
(a) the supplying of the Service again; or
(b) the payment of the costs of having the Service supplied again.

CareCorner makes no warranty that the Platform will be error-free or uninterrupted, that the results obtained from use of the Platform will be accurate or reliable, or that any errors in the Platform will be corrected.


8 Limitation of Liability

To the extent permitted by law, the User agrees that CareCorner will not be liable for any:
(a) indirect or consequential loss or damage;
(b) loss of profits, reputation, business, goodwill, patients or labour costs;
(c) damage or loss arising from any negligence, willful or fraudulent act or omission of any other person besides CareCorner; and

(d) loss or damage arising from CareCorner’s acts or omissions, where CareCorner have acted or omitted to act on the User instructions.

 

The User agrees to keep CareCorner indemnified against all loss or damage that CareCorner suffers arising as a result of:
(a) any breach of the User’s obligations under this agreement;
(b) any negligent, wrongful or fraudulent act or omission by the User in relation to this agreement; and
(c) any negligent, wrongful or fraudulent activity occurring under your account or mobile device for which the User can reasonably be held responsible,
except to the extent that CareCorner are responsible for that loss or damage.


9 Governing Law and Dispute Resolution
The User agrees not to use the Service in contravention of any relevant laws in Australia, particularly the Privacy Act 1988 (Cth).
These Terms shall be governed by and construed in accordance with the laws of Western Australia. 

 

10 Dispute Resolution

(a) Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC).

(b) The arbitration shall be conducted in Perth in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules).

(c) The terms of the Rules are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.


11 Entire Agreement
These Terms constitute the entire agreement between User and CareCorner with respect to the use of the Platform and services.
CareCorner can discontinue the Service or change the Service including by adding or removing features or functions at anytime.


11 Modifications to Terms

CareCorner reserves the right to modify these Terms at any time. The modifications will be effective immediately upon publication on this website. The User’s continued use of the Platform following any such modification constitutes the User’s acceptance of the modified Terms.

PRIVACY AND DATA SECURITY POLICY

Please read the following carefully to understand our practices regarding all personal information collected by Care Corner Pty Ltd, trading as CareCorner (ABN: 84 655 617 842). CareCorner is bound by the Privacy Act 1988 (Cth) (‘Privacy Act’), including the Australian Privacy Principles (‘APPs’) and this policy sets out how we collect, hold, use, and disclose your personal information when you use our services.

1 Meaning of Terms Used

  1. ‘CareCorner’, ‘we’, ‘us’ or ‘our’ refers to Care Corner Pty Ltd, trading as CareCorner (ABN: 84 655 617 842)

  2. ‘You’ or ‘your’ refers to the user of CareCorner services.

  3. ‘CareTeam’ includes any person who provides you with disability support services and whom you grant permission to access the CareCorner Platform to assist with your care, including (but not limited to):

    1. parent(s)

    2. friend(s)

    3. family member(s)

    4. nurse(s)

    5. doctor(s)

    6. support worker(s); or

    7. carer(s) acting on your behalf.

  4. ‘CareCorner Platform’ refers to CareCorner’s digital platform, including website (carecorner.net.au) and software application (‘App’).

  5. ‘Personal Information’ is as currently defined by the Privacy Act; information or an opinion about an identified individual or an individual who is reasonably identifiable:

    1. whether the information or opinion is true or not; and

    2. whether the information or opinion is recorded in a material form or not.

  6. ‘Sensitive Information’ has its meaning in accordance with the Privacy Act, including information or an opinion about an identified individual’s health information. ‘Sensitive Information’ carried a higher level of privacy protection than personal information. CareCorner must comply with the APPs regarding ‘sensitive information’ as we collect health information.

 

2 Acceptance of Terms

By using the CareCorner Platform, you agree to the terms of the Privacy Policy. If you does not agree with these terms, you must immediately cease use of our services.

3 Information Collected About You

When you register with CareCorner, we collect your information that may personally identify you, such as:

  1. name

  2. date of birth

  3. email address

  4. payment information

  5. demographic information

  6. current location (if the location service is enabled in the CareCorner Platform), and

  7. other information that you upload to your account.

 

We also collect information (i.e., chat message history) on your account and health related intervention measures or observations.

All content is stored in the CareCorner Platform until you  close your account or send us a written request to delete messages and data by notifying us at contact@carecorner.net.au.

 

4 Purpose of Information Collected

We collect, hold, use and disclose personal information to:

  1. administer your account;

  2. provide the CareCorner Platform, including troubleshooting, technical support and handling complaints;

  3. allow users to collaborate for the purpose of the main account holder and providing care to them;

  4. ensure that content provided by CareCorner is presented in the most effective manner for you and for your device;

  5. provide you with access to particular tools and services;

  6. respond to your inquiries and send you administrative communications;

  7. statistically analyse user behaviour and activity;

  8. conduct research and measurement activities;

  9. notify you about changes to the services;

  10. maintain, protect, improve and promote the promote, or to develop new products or services;

  11. provide users with information about new products and services that may be of interest to them; and

  12. to otherwise run our business or for any purpose required or authorised by law.

 

5 Access and Correction

By using the CareCorner Platform, you agree to take reasonable measures to protect your own personal information, including keeping your account login information confidential and not sharing it with others.

 

In accordance with APP 12, you may access all personal information we hold about you in certain circumstances. APP 13 allows you to correct inaccurate personal information subject to certain exceptions. If you suspect that your account has been compromised or that your personal information has been accessed or used without your authorization, please notify us immediately at contact@carecorner.net.au.

Personal information that we hold about CareCorner Platform account holders and their contributors will be accessible to those account holders through the Platform and can be corrected by them. If you think we may have other personal information that you would like to access or correct, you can contact us at contact@carecorner.net.au.

 

If we refuse to provide you with access to your personal information, we will provide you with written notice stating our reasons. We may seek to recover our reasonable costs (if any) for providing you with access to any of the personal information we hold about you.

 

6 Confidentiality and Security

We take the security of your personal information seriously and have implemented technical, administrative, and physical safeguards to protect against unauthorized access, use, or disclosure of your personal information. However, we cannot guarantee that your personal information will be completely secure at all times, and we assume no responsibility for any unauthorized access to or use of your personal information.

 

7 Storing Your Information

CareCorner data, particularly, CareCorner chat messages are only accessible with an account login and password. All messages, comments or other user data will remain stored in your account and the CareCorner system until you delete the messages, comments or other data, close your account or send us a written request to delete the relevant data using CareCorner contact information.

 

8 Overseas Transfer

CareCorner will not disclose your personal information to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with APPs, and we will not be liable for any mishandling of your information in such circumstances. CareCorner uses a third party platform (i.e., Amazon Web Services) to store information collected from clients and to provide our services.   The CareCorner Platform is hosted on a cloud infrastructure provided by Amazon Web Services. Data collected by CareCorner is encrypted at rest (on the server) and encrypted in transport by Secure Socket Layer (SSL) encryption. We have no control of the information in transit and users should be aware that these third party platforms may store data overseas and are encouraged to read their individual privacy policies.

 

9 Who We Share Your Information With

By agreeing to the terms of the Privacy Policy, you acknowledge and accept that CareCorner discloses your sensitive information with nominated individual(s) that you have indicated as being part of your CareTeam through the CareCorner Platform. CareCorner will not disclose any personal information about you unless you consent or as legally required by law, regulation, search warrant, subpoena or court order. Other scenarios in which we may share your information include:

  1. in response to a physical threat to you or others.

  2. if we sell or buy any business or assets; in which case we may disclose your personal information to the prospective seller or buyer of such business or assets; or

  3. if CareCorner or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.

If we disclose your personal information, we only disclose deidentified information and what is necessary to provide their service to us, and we ensure that third parties have satisfactory privacy safeguards.

 

10 Your Rights

You have the right to ask us not to process your personal information for marketing purposes. You can exercise your right to prevent such processing by following the opt-out instruction in the marketing material you receive or by contacting us at any time by email at contact@carecorner.net.au.

The CareCorner Platform may contain links to and from the websites of our partner networks, advertisers and affiliates (third parties). If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these websites.

 

11 Cookies

We automatically collect usage information that allows us to collect information regarding how users access and use the Platform. For example, when you download and use the CareCorner Platform, CareCorner automatically collects information on the type of device you use and its device identifier (or “UDID”). Additionally, each time you use the CareCorner Platform, CareCorner automatically collects information regarding the type of web browser you use, your operating system, your internet service provider, your IP address, pages you view on our website, the time and duration of your visits to the website, messages you send and receive, log and contact data, crash logs and other related information relating to your use of the CareCorner Platform. We also use cookies to gather information as users navigate the CareCorner Platform.

 

12 Changes to Our Privacy Policy

CareCorner reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Services by posting such changed or updated Privacy Policy on this page. Your continued use of CareCorner Platform constitutes your agreement to abide by the Privacy Policy as changed. Under certain circumstances (for example, if we would like to use your personal information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an email.

 

13 How to Contact Us

If you have any questions or you believe that we have not complied with our obligations under the Privacy Act, or you believe that the information we hold about you is incorrect or has been compromised, please contact us in writing at contact@carecorner.net.au.

We will respond to any question or complaint as soon as possible.

If you do not agree with or are dissatisfied with our response, you can contact the Office of the Australian Information Commissioner at enquiries@oaic.gov.au or on 1300 363 992 to lodge a complaint.

Data Security an Privacy Policy
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