Terms of Use
1. Introduction
1.1 Hamilton Care and Disability Support and the Platform
Hamilton Care and Disability Support is an online platform that enables people with disability to find, hire and manage various disability support services.
1.2 What these Terms of Use are about
These are the terms that govern your access to and use of the Platform, and your interactions with Hamilton Care and Disability Support and its representatives via the Platform. Please read them carefully before using the Platform.
By accessing or using the Platform you acknowledge and agree that you will comply with and are bound by these Terms of Use and to the collection and use of your information as set out in our Privacy Statement. If you disagree with these terms or any part of them, you must not use the Platform.
1.3 Changes to the Terms of use
We reserve the right to modify these Terms of Use at any time in accordance with this provision. If we make changes to the Terms of Use, we will upload the revised Terms of Use to the Platform.
Changes to the Terms of Use will come into effect immediately upon such changes being uploaded on the Platform. Your continued use of the Platform following such upload will constitute your acceptance of any changes. If you disagree with the revised Terms of Use, you must terminate any agreement you may have with Hamilton Care and Disability Support, cease using the Platform and deactivate all of your Accounts.
If we make a material change to the Terms of Use, we will notify you either by posting a notice of the changes on the Platform and/or via the email address nominated by you in your Accounts.
1.4 Privacy Policy
Our collection, use, storage and disclosure of your personal information in connection with your access to, and use of the Platform is governed by our Privacy Policy.
1.5 Age Restriction
Unless otherwise expressly authorised by, and agreed with Hamilton Care and Disability Support:
- you must be 18 years of age or older and able to enter into legally binding contracts to access and use the Platform; and
- by accessing or using the Platform you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into this contract.
2. Using The Platform
2.1 Accessing the Platform
Hamilton Care and Disability Support grants you a non-exclusive, fee-free and revocable licence to use the Platform in accordance with these Terms of Use.
Access to certain areas and information on the Platform is restricted. You must be an Approved User to access and use certain features and information on the Platform. In order to be an Approved User, you must complete the registration process and enter into the appropriate agreements with Hamilton Care and Disability Support (as directed by Hamilton Care and Disability Support).
Hamilton Care and Disability Support reserves the right to refuse you access to the Platform at any time. This is subject to paragraph 3 below, and the terms of the relevant agreements between you and Hamilton Care and Disability Support.
2.2 Using the Platform
While using the Platform, you must act honestly and reasonably. Without limiting the Hamilton Care and Disability Support Policies and Procedures, you must not:
- provide any information that is incorrect, misleading or deceptive on your Profile or in any communications you have with Hamilton Care and Disability Support, its representatives or any User;
- include any offensive, defamatory, derogatory or inappropriate material on your Profile or in any communications you have with Hamilton Care and Disability Support, its representatives or any User;
- use the Platform or communicate with Hamilton Care and Disability Support, its representatives or any User for a purpose which is not related to the provision or receipt of services through the Platform; or
- assault, harass or intimidate any other User, or deliberately or negligently expose any other User to a risk of physical, psychological or other harm.
You must not assign or otherwise transfer any of your Accounts to another party. You are liable for any and all activities conducted on and through all of your Accounts.
2.3 Confidentiality and Security
You are responsible for maintaining the confidentiality and security of your Account login details and must not disclose your Account login details to any third party (except to an Account Manager, as appropriate).
You must immediately notify Hamilton Care and Disability Support if you know or have any reason to suspect that your Account login details have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised access or use of your Accounts.
3. Termination of Your Access to The Platform
Hamilton Care and Disability Support reserves the right to suspend or terminate your access to the Platform, or certain areas of the Platform, for any reason without notice to you including, but not limited to:
- if there is an interruption, fault, virus or unauthorised access on the Platform or the Hamilton Care and Disability Support systems;
- if you breach these Terms of Use;
- if you attempt to change, add to, remove or otherwise interfere with the Platform or any material or content displayed on the Platform; or
if you use the Platform for any purpose that Hamilton Care and Disability Support, in its discretion, considers inappropriate, including the storage or transmission of inappropriate, offensive, derogatory or misleading and deceptive material.
4. Intellectual Property
You acknowledge and agree that you will not acquire any rights, including but not limited to, Intellectual Property Rights in the Platform or any material or content on the Platform.
You acknowledge and agree that the Platform and any material on the Platform, including all associated Intellectual Property Rights, are the exclusive property of Hamilton Care and Disability Support and/or its licensors or authorised third-parties.
You agree that you will not remove, alter or obscure any Intellectual Property Rights incorporated in or accompanying the Platform or the material on the Platform. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or any material or content on the Platform.
No licence or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Hamilton Care and Disability Support or its licensors, except for the licenses and rights expressly granted in these Terms of Use (subject to the terms of the relevant agreements between you and Hamilton Care and Disability Support.
5. Third Party Links and Cookies
The Platform may contain links to third party websites which are not under the control of Hamilton Care and Disability Support. Hamilton Care and Disability Support is not responsible for the content on the third party websites. You acknowledge that you enter third party websites from the Platform at your own risk.
You acknowledge that the Platform uses cookies and automatically collects log data and device information when you access and use the Platform. By accessing the Platform and agreeing to these Terms of Use, you consent to Hamilton Care and Disability Support’s use of cookies and collection of data in accordance with the terms of our Privacy Policy.
6. Disclaimer and Limitation of Liability
The Platform is provided on an “as is” basis without any representations or warranties, either express or implied. Except where prohibited by law, Hamilton Care and Disability Support will not be liable whether under the law of contract, statute or the common law in relation to the contents of, use of or otherwise in connection with the Platform, for any direct or indirect, consequential, exemplary, incidental or punitive damages.
7. Indemnity
You agree to indemnify Hamilton Care and Disability Support and its officers, employees and agents from and against any and all claims, damages, cost or liabilities, including but not limited to personal injury, death, loss of or damage to property, infringement of rights and associated costs, that may arise as a result of:
- any breach of the Terms of Use by you; and
any breach of the law, negligence or infringement of the rights of any third party by you.
8. General
8.1 Enforcement
If any provision of these Terms of Use is, or becomes, unenforceable, that will not affect the enforceability of the other provisions of these Terms of Use.
8.2 Governing Law
These Terms are governed by the laws of Queensland, and you irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland including, for the avoidance of doubt, the Federal Court of Australia sitting in Queensland.
9. Definition
“Account” means any account that is registered by you on the Platform.
“Account Manager” means an authorised attorney or decision maker for, or custodial parent or guardian of, a Client.
“Approved User” means a User that has registered and been approved by Hamilton Care and Disability Support to hold a Profile and to log into their Account to access and use the Platform.
“Booking” means an engagement or request made by a Client (or a Client’s Account Manager) on the Platform for a Home Care and Support Worker to perform Support Services which has been confirmed by the Home Care and Support Worker.
“Client” means an individual with a disability who has registered with, and has been approved by Hamilton Care and Disability Support to obtain services through the Platform.
“Confidential Information” means information belonging to or in the possession of, Hamilton Care and Disability Support or which you obtained through your relationship and engagement with Hamilton Care and Disability Support and which Hamilton Care and Disability Support regards as confidential and includes, but is not limited to, any personal, medical, health, private or sensitive information (including your opinions) about Hamilton Care and Disability Support, another User, a Representative or their families, other than any information which is in the public domain (except through a breach of the confidentiality of that information).
“Hamilton Care and Disability Support” means Hamilton Care and Disability Support Pty Ltd (ACN 659 928 935) of 5A/305 Montague Road West End (also referred to as “we”, “us” and “our”).
“Hamilton Care and Disability Support Policies and Procedures” means the standards, policies, statements and procedures of Hamilton Care and Disability Support available on the Platform, including, but not limited to the Terms of Use, Privacy Policy and codes of conduct, as may be amended from time to time.
“Home Care and Support Worker” means a person employed by Hamilton Care and Disability Support under an employment agreement to provide Support Services to Clients through the Platform.
“Intellectual Property Rights” include, but are not limited to, patents, copyrights, rights in circuit layouts, registered designs, trademarks, the right to have Confidential Information kept confidential, and any application or right to apply for registration of all present and future rights conferred by statute, common law or equity whether registered or unregistered.
“Platform” means the Hamilton Care and Disability Support website (currently, www.hamiltoncare.com.au), the Hamilton Care and Disability Support web app, the Hamilton Care and Disability Support iPhone App, iPad App and Android App and all parts and pages of the same.
“Privacy Policy” means Hamilton Care and Disability Support’s policy on the collection, use and disclosure of personal information (available on the Platform).
“Profile” means the information provided by you and displayed on the Platform.
“Support Services” means the home care and support services provided by Home Care and Support Workers to Clients during a Booking in accordance with the terms of the relevant employment and services agreement between you and Hamilton Care and Disability Support (as applicable).
“User” means any person that accesses or uses the Platform.
“you” means the person that accesses or uses the Platform and your will be interpreted accordingly.
