Last Updated: 17 February 2017
We provide a range of services including online services through CarePilot for people with homecare and support needs as described in more detail below and under the heading “Overview of Our Services” (together, the Services), including homecare packages, a services marketplace, budgeting, rostering and transaction reporting tools to manage care, online calculators to assist with budget management, and communication tools so family members can connect when managing care through our website located at www.carepilot.com.au and such other sites as may be designated by us (“CarePilot”).
- Overview of CarePilot ServicesWe are an approved provider of home care packages under the Aged Care Act 1997. Together with our preferred suppliers (Suppliers), we provide home care package services and other services to assist people (Clients) with care and support-needs to stay healthy, safe, independent, and socially connected at home (CarePilot Services).
CarePilot Services include, but are not limited to:
- enabling the booking of services between Suppliers and Clients;
- viewing goods and equipment available for purchase from our Suppliers;
- access to rostering tools to allow Clients to self manage and care managers to manage Client’s individual care plans;
- access to online calculators, transaction reporting and budgeting tools in respect of CarePilot Services and transactions between Suppliers and Clients;
- access to communication tools so family members can invite and connect with Clients and each other when managing care;
- a resource centre allowing Clients, family and care managers to access industry data, and resources aiding in the management of Client care;
- Your ‘Account’By registering with CarePilot, we create a profile and an administrative user account for you through which you can access CarePilot and use the CarePilot Services (Account). If you are a company, you may authorise one or more employers to access CarePilot in connection with your Account but you must not create an Account, or permit a user to use your name, or otherwise hold or permit a user to hold him or herself out as being your representative, unless that person is authorised by you to do so.
On registration with CarePilot or use of the CarePilot Services, you will be requested to provide your details:
- in the case of Clients, your name, contact and billing information; and
- in the case of Suppliers, information about your company and your services.
You will also be required (either on registration or following registration) to provide medical information relevant to the services you will be purchasing.
This information is referred to as your “Credentials”.
By registering with CarePilot and providing the Credentials, you agree that you:
- are providing information that is and remains accurate, true, complete and correct (which must be updated in case of any change);
- are not impersonating any person or entity;
- are not intentionally or unintentionally violating any applicable law;
- are authorised to create the Account or otherwise hold yourself out as having an association with the Account holder; and
- will provide, on demand from us, verification of your Credentials in such form as we may require.
We may, from time to time, use any of your Credentials to make our own enquiries as to the completeness, accuracy or truthfulness of your Credentials and the information you have provided to us. If you do not provide sufficient evidence, we may suspend or cancel your Account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or organisation’s identity we may without notice to you, disclose that information to any relevant persons or authorities.
You agree to immediately notify us of any unauthorised use of your Account or Logon, or any other breach of security, and to ensure that you exit from your Logon at the end of each session.
We may, in our sole discretion, modify or discontinue your access to all or part of CarePilot for any breach or suspected breach of these Terms or Use or other agreements or written policies that you agree with us.
- For Health Care PractitionersIf you are a Supplier who is a health care practitioner, you warrant to us and Clients that the information you provide is (and remains) complete, accurate, true and correct and that you will inform us as soon as possible of any changes or amendments to this information or in the event there is any inaccuracy to your personal information or professional profile on CarePilot.
We may suspend without notice, your professional profile or cancel your registration at any time as a registered Supplier, should we form the view, in our absolute discretion that, our reputation, brand, operations (including our website, blogs and membership) or business (including our partners and affiliates) or status as an approved provider of home care packages may be affected or harmed as a result of your registration with us.
- Payments and Requesting Services through CarePilotClients (and users of CarePilot on behalf of Clients) can request and pay for Services from CarePilot or its Suppliers online via the Account CarePilot creates for you. Each transaction on CarePilot uses the Account and the payment methods authorised in the Account. You must ensure that sufficient funds are available for debit at the time any booking is made.
If a change to the scope or details of the Supplier’s services is required, we or the Supplier may, by written notice to the Client, advise you of such changes. If any refund or credit is to be made to you in respect of Supplier Services, this will be made via the Account, unless agreed otherwise.
If the CarePilot Services are paid for at the time you transact, CarePilot will debit the applicable amount from your Account during that transaction.
If you elect to pre-pay your Account, you must make an initial payment into the Account and maintain the Account in credit by ‘topping up’ the balance of the Account when it falls below a set amount. In using the pre-payment facility, you authorise CarePilot to automatically top up your Account using your nominated payment method. Once the funds have ‘cleared’, your Account will be credited. You should allow time to enable funds to ‘clear’. No interest will be payable to you by CarePilot on amounts withheld by CarePilot.
Any dishonour fees or charges associated with insufficient funds or the cancellation of a booking will be passed onto your Account. The registered user of the Account will remain responsible for such charges or any debts incurred within the Account.
We may suspend your Account, without prior notice to you, if your Account remains in arrears or if we have any suspicions or concerns regarding the use of your Account or ability to make payments within your Account.
In consideration for providing the CarePilot Services, CarePilot may charge the fees outlined in the CarePilot PDS. You agree to pay all fees as they fall due.All payments in respect of the CarePilot Services or Supplier Services are to be made via CarePilot via CarePilot’s secure payment gateway. The Client must not pay any Supplier directly for Supplier Services without our prior written consent.CarePilot makes no warranty or representation as to the strength or effectiveness of the secure payment gateway.
- Client responsibilitiesAs a Client (or a user of CarePilot on behalf of a Client) you are responsible for ensuring that:
- the details in your request for CarePilot Services or Supplier Services (as the case may be) are accurate and up to date, and include all information necessary for the particular services to be supplied;
- the premises at which you request the CarePilot Services or Supplier Services (as the case may be) are safe and appropriate for the supply of those services; and
- you comply with all relevant laws and regulations regarding the engagement of the Supplier including any workplace, health and safety laws.
- Use and display of company names and logosIf you register with CarePilot as a Supplier, you consent to us displaying the name and/or logo of your organisation on CarePilot. In addition, unless we agree otherwise, you consent to us promoting CarePilot and the CarePilot Services in media and advertising independently of CarePilot (whether online, in print advertising or otherwise), and using and publishing the name and/or logo of your organisation for this purpose. You acknowledge and agree that we are not required to obtain your consent before doing this provided we use your organisation’s name and logo in a manner that is consistent with any content, information or material you upload to CarePilot and we do not do anything that results in your organisation breaching applicable laws.
- No liability for Posted ContentWe do not have, and expressly disclaim, any liability to you in connection with any content, information details or material you upload or input to CarePilot (Posted Content). We cannot guarantee, and make no representations in relation to the completeness or accuracy of any Posted Content.
You warrant to us, and you must ensure, in respect of all your Posted Content that:
- its content is truthful and is or will be provided with such other information as is reasonably necessary to ensure that:
- if you are a Supplier, that both we and any Client are fully informed as to the services being offered by you; or
- if you are a Client, the Supplier has all the information the Supplier requires to fulfil a booking request (including the address and contact details of the premises where the Services are to be delivered;
- it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought;
- it is compliant with all applicable laws and licensing requirements; and
- it does not contain links to any external website other than specified in the website field, unless we have given our prior written consent.
We are not under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so. However, we may at our discretion monitor Posted Content and you agree that we may modify or delete any Posted Content that is in breach of these Terms or Use or that we determine (in our absolute discretion) is not appropriate for CarePilot.
You are solely responsible for all of your Posted Content. You agree to indemnify us, and keep us indemnified, from and against any claims that arise in connection with any breach of your obligations with respect to the Posted Content.
We will not have any liability in connection with the deletion, loss, or unauthorised modification of any of your Posted Content.
We reserve the right to keep the Posted Content on CarePilot indefinitely unless you remove it earlier. We may edit Posted Content after it has been uploaded to CarePilot.
- We do not provide medical advice
The information made available through CarePilot is not intended to be medical advice and the information you receive should not be used to diagnose, treat, cure or prevent any medical condition and should not be used for therapeutic purposes. We make no representation or warranty (express or implied) about the health care practitioners introduced via CarePilot, including specialist practitioners, to whom you may be referred as a result of using CarePilot. If as a Client you have any concerns or questions about your health, you should always take your own steps to seek out and consult with a suitably qualified healthcare professional.
- Use of Posted ContentYou may not use any Posted Content for any purpose other than for the purpose for which it has been posted.
You must always consult with your treating medical providers. Any information you receive via CarePilot must be subject to proper medical supervision and advice.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of CarePilot;
- take any action that imposes an unreasonable or disproportionately large load on the CarePilot’s infrastructure, including spam or other unsolicited mass e-mailing techniques;
- use CarePilot for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- use CarePilot in a way that would result in you breaching any applicable law (including with respect to privacy) or any obligations you may owe to third parties;
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights unless you are specifically authorised by affected parties to do so;
- conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
- copy, collect or save information about other CarePilot users;
- publish advertising material of any kind or market any goods or services directly to other CarePilot users;
- introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer based equipment to CarePilot or to other CarePilot users;
- stalk or harass anyone;
- attempt to disrupt or interfere with the delivery of the CarePilot Services and/or CarePilot or any Supplier Services to our Clients;
- use the details of other users for anything other than the use expressly permitted by those users;
- sell, redistribute or use information contained on CarePilot for a commercial purpose without our prior written consent;
- pass on Account or Logon information to anyone other than the authorised user that Account or Logon;
- remove or alter our copyright notices or other means of identification including any watermarks, as they appear on CarePilot;
- distribute or publish any part of the information or content included in the CarePilot Services or on CarePilot on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
- Intellectual propertyYou own the Posted Content that you post to CarePilot. We own or are licensed to use all other intellectual property in CarePilot. You license us to use your Posted Content in accordance with the license below. You may not use any of our intellectual property for any purpose other than as may be required to use CarePilot for its intended purpose.
In relation to your Posted Content and your use of CarePilot, you grant to us an unconditional, world-wide and irrevocable, fully paid and royalty free license and right to use, display, copy, modify, adapt and publish all such intellectual property and Posted Content for any purpose related to CarePilot and the CarePilot Services.
By using CarePilot, you warrant that you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo. You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from any breach of your obligations with respect to Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your content.
- Automated use of CarePilotCrawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing CarePilot‘s public pages. You may not provide unauthorised interfaces to any applications that we might offer or use.
- SecurityIt is your responsibility to obtain and use software that supports security protocols that may be used by us for CarePilot.
- Disclaimer of WarrantiesYou use CarePilot at your own risk. CarePilot and the CarePilot Services are provided on an "as is" and "as available" basis. To the fullest extent permissible under applicable law, we disclaim all warranties of any kind, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement.
Any online calculators and/or budgeting tools available on CarePilot or which form part of the CarePilot Services provide estimates only. Outputs generated by such tools are dependent on the information you provide, and to the extent permitted by law, we make no warranty and accept no responsibility for the accuracy or usefulness of such outputs. We do not provide financial advice, nor do we take into account your individual circumstances in providing access to such online calculators and/or budgeting tools. You should always seek independent financial and professional advice if you are unsure and consider whether the advice meets your needs.
We do not guarantee that your use of CarePilot will be error-free, uninterrupted, safe from viruses or other harmful elements or that CarePilot is completely secure. To the extent permitted by law, under no circumstances whatsoever will we be liable to you or to any other person or entity in respect of any loss or damage which results from any downtime, outage, interruption in or unavailability of CarePilot or loss of data or Posted Content attributable to any cause whatsoever.
Under no circumstances will we or affiliates, officers, employees, agents, or representatives be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from your use of, or the inability to use, CarePilot and/or the CarePilot Services, or the information contained on CarePilot or obtained from your use of CarePilot, including in respect of any virus alleged to have been obtained from CarePilot, even if we have been advised of the possibility of such damages or losses and regardless of the theory of liability.
We shall not be liable for any indirect, special, incidental, consequential or exemplary damages, including economic loss, loss of income, loss of opportunity, cancellation charges, penalties or fines, arising from your use of or inability to use CarePilot or CarePilot’s Services
- Third-Party WebsiteThere may be links to other websites from CarePilot. These links are not an endorsement by us and we are not responsible for the content of those other websites. If you access any linked websites you do so at your own risk and subject to terms applicable to those websites.
A Hazard is something that presents a risk of harm or injury to a person, such as:
- aggressive animals, family members or neighbours,
- weapons or other dangerous objects
- infectious diseases
- trip hazards
- hazardous materials and waste
If you believe that any content on CarePilot is unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation or constitutes material, non-public information, notify us at: email@example.com.