RESPITE CARE USERS - TERMS AND CONDITIONS OF USE

Published on 12 June 2022

About the Portal

a)       Welcome to myRespiteAccom.com.au (the ‘Portal’). The Portal locates aged care facilities in area of seekers choice, checks availability and allows respite seekers/ carers to either book instantly or send booking request in near real-time to you (Service Providers) (the ‘Services’).

b)      The Portal is owned and operated by Ozzie Accomodation Pty Ltd (ABN: 30658282958). Access to and use of the Portal, or any of its associated Products or Services, is provided by Ozzie Accomodation Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Portal, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Portal, or any of Services, immediately.

c)       Ozzie Accommodation Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ozzie Accommodation Pty Ltd updates the Terms, it will use reasonable endeavours to provide effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

Acceptance of the Terms

a)       You accept the Terms by remaining on the Portal. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ozzie Accommodation Pty Ltd in the user interface.

 

Subscription to use the Services

a)       Prior to sending the booking request or confirming the booking, you will be required to register for an account through the Portal.

b)      As part of the registration process, or as part of your continued use of Services, you may be required to provide information about you (such as identification or contact details), including:

                                 i.            Name

                               ii.            Date of Birth

                             iii.            Email Address

                             iv.            Telephone Number

                               v.            Password

                             vi.            Referral Code

c)       You warrant that any information you give to Ozzie Accomodation Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

d)      Once you have completed the registration process, you will be a registered member of the Portal (‘Member’) and agree to be bound by the Terms. As a member you will be granted immediate access to the Services from the time you have completed the registration process.

e)      You may not use the Services and may not accept the Terms if:

                                 I.            You are not of legal age to form a binding contract with Ozzie Accomodation Pty Ltd;

                               II.            You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

 

Your obligations as a Member

a)       As a Member, you agree to comply with the following:

                                 I.            You will use the Portal only for the purposes that are permitted by:

a.       The Terms; and

b.       Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

                               II.            You have the sole responsibility for protecting the confidentiality of your password;

                             III.            You will not use the Services or Portal for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purposes of sending unsolicited email or unauthorised framing of or linking to the Portal;

                            IV.            You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Portal without notice and may result in termination of the Services. Appropriate legal action will be taken by Ozzie Accomodation Pty Ltd for any illegal or unauthorised use of the Portal; and

                              V.            You acknowledge and agree that any automated use of the Portal or its Services is prohibited.

 

Payment

a)       Where the option is given to you, you may make payment for the Portal/ Platform Fee by way of:

                                 I.            Electronic funds transfer (‘EFT’) into our nominated bank account

                               II.            Credit Card Payment (‘Credit Card’)

b)      All Credit Card payments are made using Stripe, payment gateway. In making the payment through Stripe, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

c)       You acknowledge and agree that where a request for the payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges.

d)      You agree and acknowledge that Ozzie Accomodation Pty Ltd can vary the Portal/ Platform Fee at any time.

 

Refund Policy

Ozzie Accomodation Pty Ltd will only provide you with a refund of the Fee in the event they are unable to continue to provide the Services or if the manager of Ozzie Accomodation Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

 

Copyright and Intellectual Property

a)       The Portal, the Services and all of the related products of Ozzie Accomodation Pty Ltd are subject to copyright. The material in the Portal is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Portal (including but not limited to text, graphics, logos, button icons, video images, audio clips, Portal code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Ozzie Accomodation Pty Ltd or its contributors.

b)      All trademarks, service marks and trade names are owned, registered and/or licensed by Ozzie Accomodation Pty Ltd, who grants to you Australia wide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

                                 I.            Use the Portal pursuant to the Terms;

                               II.            Copy and store the Portal and the material contained in the Portal in your device’s cache memory; and

                             III.            Print pages from the Portal for designated use.

c)       Ozzie Accomodation Pty Ltd retains all rights, title and interest in and the Portal and all related Services. Nothing you do or in relation to the Portal will transfer any:

                                 I.            Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

                               II.            A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

                             III.            A thing, system or process that is subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

 

Privacy

a)       Ozzie Accomodation Pty Ltd takes your privacy seriously and any information provided through your use of the Portal and/or Services are subject to Ozzie Accomodation Pty Ltd’s Privacy Policy, which are available on the front page of the Portal.

 

General Disclaimer

a)       Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b)      Subject to this clause, and to the extent permitted by law:

                                 I.            All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

                               II.            Ozzie Accomodation Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise.

c)       Use of the Portal and the Services is at your own risk. Everything on the Portal and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Ozzie Accomodation Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the Services on Ozzie Accomodation Pty Ltd) referred to on the Portal. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

                                 I.            Failure of performance, error, omission, interruption, deletion, defect, failure to correct defect, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

                               II.            The accuracy or currency of information associated with the facilities/ properties that Subscribed Service Providers are responsible for providing and managing in the Portal;

                             III.            The accuracy, suitability or currency of any information in the Portal;

                            IV.            Costs incurred as a result of you using the Portal, the Services of Ozzie Accomodation Pty Ltd; and

                              V.            The Services or operation in respect to links which are provided for your convenience.

 

General Disclaimer

a)       Ozzie Accomodation Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statue or otherwise, will not exceed the resupply of the Services to you.

b)      You expressly understand and agree that Ozzie Accomodation Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

Termination of Contract

a)       The Terms will continue to apply until terminated by either you or by Ozzie Accomodation Pty Ltd as set out below.

b)      If you want to terminate the Terms, you may do so by providing Ozzie Accomodation Pty Ltd with 60 days’ notice of your intention to terminate. Your notice should be sent, in writing, to Ozzie Accomodation Pty Ltd via the ‘Contact Us’ link in our Portal.

c)       Ozzie Accomodation Pty Ltd may at any time, terminate the Terms with you if:

                                 I.            You have breached any provision of the Terms or intend to breach any provision;

                               II.            Ozzie Accomodation Pty Ltd is required to do so by law;

                             III.            The provision of the Services to you by Ozzie Accomodation Pty Ltd is, in the opinion of Ozzie Accomodation Pty Ltd, no longer commercially viable.

d)      Subject to local applicable laws, Ozzie Accomodation Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Portal or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ozzie Accomodation Pty Ltd’s name or reputation or violates the rights of those of another party.

 

Indemnity

a)       You agree to indemnify Ozzie Accomodation Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

                                 I.            All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

                               II.            Any direct or indirect consequences of you accessing, using or transacting on the Portal or attempts to do so; and/or

                             III.            Any breach of the Terms.

 

Dispute Resolution

a)     Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b)    Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c)     Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

                                 I.            Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

                               II.            If for any reason whatsoever, 120 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that any appropriate mediator be appointed by the President of the NOT USRE or his or her nominee;

                             III.            The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator or a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

                            IV.            The mediation will be held in South Australia, Australia.

d)    Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

e)    Termination of Jurisdiction:

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

Venue and Jurisdiction

a)       The Services offered by Ozzie Accomodation Pty Ltd is intended to consumed by residents of Australia. In the event of any dispute arising out of or in relation to the Portal, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia

 

Governing Law

a)       The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, not withstanding mandatory rules. The validity of this governing law clause if not contested, The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Independent Legal Advice

a)       The Terms confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

Severance

a)       In any part of these Terms is found to be void and unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.