Terms of Use
Qualified Carers Services Pty Ltd ABN 51 622 271 149 (“us, we, our”) is the owner and operator of this website. This website provides a listing of carers and vacancies for carers. In these Terms of Use (“Terms”), a reference to "you" includes anyone acting on your behalf or with your express or implied authority.
Website
Your use of and access to this website constitutes your acceptance of the Terms. Further, by clicking “I accept” during the carer registration process or subscription registration process, you accept these Terms and any further terms specified in the registration processes and agree to be bound by them.
We may change the Terms at our discretion and without notice. A version of the current Terms will be available on the website as they are changed. By continuing to use our website you accept the Terms as they apply from time to time.
Through this website you have access to a variety of resources which may include:
(a) Webpages, data, images, podcasts, video profiles, and press releases (“Materials”);
(b) forums, blogs, email functions, bulletin boards, advertisements and similar services for publishing your own contributions (“Community”).
Materials and Community are collectively referred to as “Content”.
Some Content provided through this website may have additional terms. If there is a conflict or inconsistency between the Terms and other terms and conditions for specific Content, the latter shall have precedence with respect to your access and use of that Content.
Registration and Access
You can become a member of this website by accepting the Terms and by completing the carer registration process or the subscription registration process (“Members”). Members must ensure the information provided through the online registration process is current and correct. When you apply for registration, we may refuse your application for membership and not issue you with a password. Access to password protected areas of the website is restricted to Members only.
Members may only be natural persons who can form legally binding contracts under applicable law and are over 18 years of age. Agencies, recruitment companies and any other competitors are not permitted to become a Member of this website.
You must keep you password confidential at all times. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, if you suspect that the password has become known to anyone, or of any other breach of security known to you.
You must not attempt to gain unauthorised access to any part of the website, our systems and networks. You must not use any robot, spider or other automated means to access the website, our systems and networks without our written permission.
No agency services
The website is a platform for communication between Members who have registered as carers (“Carers”) and Members who have registered as prospective employers of Carers (“Employers”).
Qualified Carers Services Pty Ltd is not an employment agency.
We do not interview persons, undertake probity or other background checks, censor or investigate the listings offered or positions advertised on the website, nor do we confirm any user’s identity. You acknowledge and agree that:
(a) we are not party to any arrangement or agreement between Carers and the Employers;
(b) we have no control over and do not warrant:
(i) the quality of the services provided by Carers;
(ii) the accuracy of listings and advertisements; or
(iii) the availability of suitable Carers for a particular vacancy,
(c) we cannot ensure that a Carer or Employer, or any other user of this website, will fulfil an agreement, make payment or act lawfully in using our website; and
(d) no agency, partnership, joint venture, employment, or other similar relationship is intended to be or is created between you and us by these Terms or your use of this website.
Carers and Employers are fully responsible for their own recruitment and employment process including compliance with all applicable laws and regulations, workplace health and safety requirements and taxation requirements.
Copyright
Copyright in the Content is owned by us or our licensors (which includes other Members).
You may download, store, display on your computer, view, listen to, play and print Content subject to the following: (a) the Content may be used by you solely for your own information and evaluation purposes; (b) the Content may not be modified or altered in any way; and (c) the Content may not be redistributed or sold to other parties.
Any other use of the Content requires our written permission except as permitted under the Copyright Act 1968 (Cth) or other applicable laws.
The website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
Your Participation
You are not permitted to post any of your contact information (including telephone, address, email, skype name, or direct or indirect links to such contact information) on the Private Noticeboard, Business Noticeboard or your Carer Profile (if applicable).
"Your Information" means any information you upload, post, publish or otherwise contribute during the registration or listing process, in any public area or by electronic communication to us or to the public.
You grant to us a non transferable, royalty free license to (a) publish Your Information on the website; and (b) to sublicense the use of Your Information to other Members on the terms stated under the copyright heading.
Your Information must not: (a) be code or contain any viruses, trojan horses, or other components designed to limit or harm the functionality of a computer; (b) be fraudulent, false or misleading or deceptive; (c) be defamatory, obscene, inappropriate, or harassing of another; (d) infringes any third party's intellectual property rights, confidentiality or privacy; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) invades another's privacy or includes another's confidential or personal information; (g) violates or promotes the violation any applicable law or regulation; or (h) violates or promotes the violation of any applicable laws or regulations.
We do not have any obligation to monitor the website or to screen any listings or advertisements. However, we reserve the right to review the website and to monitor all use of and activity within the website. We may remove any of Your Information we consider to be in breach of these Terms or otherwise at our sole discretion.
You further acknowledge and agree that by registering as a Carer, Employers are able to rate and review you, and that such information will be available to other Members of the website. You acknowledge that the removal of any ratings or review of you, as a registered carer, will be at our sole discretion.
Third Party Sites
The website or Members may provide links to third party websites and the products or services of third parties. We are not responsible and are not liable in any way for third party content provided on or through the website. Your access or use of the third party sites at your own risk.
Fee
All Members registering as an Employer must pay the specified fee on registration. To the extent permitted by law, this fee is not refundable.
Gift Certificate
Our Gift Certificates are not transferable, exchangeable or redeemable for cash and will expire 12 months from the date of purchase. Any unused value after the expiry of the Gift Certificate will not be refunded.
The dollar value that is purchased on the gift certificate is a pre-payment for services. All prices are in Australian dollars and include Goods and Services Tax (GST) at the current rate in Australia.
Our Gift Certificates are delivered by email to the email address entered by the purchaser. Upon our delivery of the Gift Certificate to your nominated recipient, the nominated recipient accepts full responsibility for the safekeeping of the Gift Certificate.
Please ensure that the nominated recipient’s email account does not categorise our Gift Certificate as ‘trash’ or 'spam' email. We are not liable or responsible for any loss suffered as a result of an email gift certificate being blocked by firewalls or web filters. If the nominated recipient does not receive the email Gift Certificate, please contact us immediately to send the Gift Certificate to an alternative email address.
We do accept any responsibility for lost, stolen or fraudulent Gift Certificates or their unauthorised use.
Termination
We may at any time discontinue or limit your access to the website or its Content if you breach these Terms or at our sole discretion. All disclaimers and limitations of liability by us will survive termination.
Disclaimer and Liability
To the extent permitted by law, we give no guarantees or warranties in relation to this website. In particular, we do not warrant :
(a) the accuracy of information submitted by Members;
(b) that the website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software; or
(c) that the Content does not infringe any third party intellectual property rights.
We will not be liable for any direct, indirect or consequential damages, including damages for loss of profits, loss of data, loss of business opportunity and the like arising from your access to or use of the website.
Furthermore we are not a party to any contract or agreement between Carers and Employers, and to the extent permitted by law, we specifically exclude all liability for any claim, loss or damage, (including indirect and consequential) arising out of or in any way connected with such transactions.
Privacy
We are concerned about your privacy and have developed a policy to address privacy concerns. For more information, please see our Privacy Policy.
All Member information accessed through the website and our service is to be treated as private information and must not be disclosed to other parties without the express permission of the relevant Member.
Applicable law
The law applicable to use of the website and to disputes arising out of the website is the law of the State of New South Wales in Australia. If you access the website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
General
Any failure on our part to exercise any remedy or right or to enforce any provision of the Terms will not be a waiver of such remedy or rights. Further, waiver by a part of particular breach is not a waiver or another breach of the same or any other type.
Contact
If you have any questions regarding these Terms, please contact us.
