TERMS AND CONDITIONS Your use of the Care Collective web site (“Site”) constitutes your agreement to be bound by these Terms and Conditions of use. If you do not agree to be bound by these Terms and Conditions, you must not use this Site. By accessing this Site, you agree to use this Site in a manner consistent with these Terms and Conditions and all applicable laws. DEFINITIONS In these Terms and Conditions: “Account” means the Care Collective Site account (if any) created by you. “Care Collective”, “we”, “our” and “us” means Care Collective Pty Ltd (ACN 610 448 890) and includes its related entities. “Content” means any form of data including images, or any communication with a material connection to the Site, and includes your Content. “Privacy Laws” means the Privacy Act 1988 (Cth) and associated legislation. “Services” means the support worker and disability services or any other services provided by Care Collective via the Site. “Site” means this website and any replacement or successor website. “Third Party Content” means any Content that may be accessed via the Site and that has not been generated by Care Collective. “User” and “users” means you or any person, group of people, company, business or other organisation who creates an Account or accesses, browses or utilises the Site or the Services in any way. “Your Content” means any Content submitted, uploaded or transmitted by or on behalf of any users. USING CARE COLLECTIVE Conduct To use the Services, you must be over 18 years of age. You agree that you will only post or upload Content in the appropriate category or area of the Site, and you agree that you will use this Site and the Services for lawful purposes only. You agree that you will not engage in the following conduct: violate any laws; post any threatening, abusive, defamatory, obscene or indecent material to the Site; be false or misleading; infringe any third-party right, intellectual or otherwise; distribute or send communications that contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm the Site, the Services or the interests or property of Users; impose an unreasonable load on our infrastructure or interfere with the proper functioning of the Services; copy, modify, or distribute any other person’s Content including images, without their consent; use any robot spider, scraper or other automated means to access the Site and/or the Services and collect Content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to the Services. Non-solicitation In order to protect the business and goodwill of Care Collective you acknowledge and agree that, as a User of the Site or Services you may not either directly or indirectly, on or for your own account or on behalf of any person, throughout your use of the Site or Services or during or after any other relationship you may have with Care Collective and for a period of 12 months after your use of the Site or Services or that relationship ceases, solicit, canvass, induce or encourage any employee or agent of Care Collective, or any User of the Site or Services, to cease their employment with Care Collective or their use of the Site or Services. You acknowledge that Care Collective’s rights under this clause are in addition to, and do not derogate from or affect Care Collective’s common law or equitable rights. Abusing the Care Collective Site or Services. Care Collective retains the right, in its exclusive discretion, to refuse, delete or take-down content that we think is inappropriate or breaches these Terms and Conditions. We can also at our absolute discretion, restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting the availability of any other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and/or legal steps to prohibit users from using the Site or the Services if we think that any Users are acting inconsistently with the objectives and intent of the Site, the Services and these Terms and Conditions. Termination Care Collective reserve the right, in its absolute discretion, to terminate your use of the Site and/or access to the Site or Services where any misconduct or breach of these Terms and Conditions is identified. We also reserve the right to refuse any requests that we consider constitute or facilitate such misconduct or breach. You recognise and accept that, whether or not we take any steps to terminate your use of the Site or Services, we do not accept any responsibility or liability of any kind to monitor the Services or for any unauthorised or unlawful content on the Site, or use of the Site or the Services by users. You also recognise and accept that Care Collective is not under any obligation whatsoever, to monitor any data or content which is submitted to or available on the Site. WARRANTIES AND LIABILITY Extent of Warranties Care Collective does not make or give any warranties of any kind whatsoever, nor does it undertake or accept any liability of any kind whatsoever, in any way relating to the use of this Site, your use of this Site or the performance or non-performance of any of the Services except and only to the extent, if any, required by law or specifically provided for in these Terms and Conditions. Limitation of Liability and Release It is the intention of these Terms and Conditions that, to the maximum extent permitted by law, Care Collective shall not be liable to you in any way whatsoever, and you hereby irrevocably release us from and against any and all liability and responsibility whatsoever, arising in any manner whatsoever, and whether directly or indirectly, from or as a result of your use of the Site and/or the Services, or the provision of the Services to you by us, in relation to any and all of the following: Any direct, indirect, special, incidental, pecuniary, punitive or consequential damages arising out of or in connection with the Site or the Services; and Any economic loss or other loss of turnover, profits, business or goodwill; and The use by you, of any of the documents, scripts, reports, advertisements, online interactions or other communications in connection with the Site and/or the Services; and The use by any person other than you, of any of the documents, images, photographs, scripts, reports, advertisements, online interactions or other communications that may occur or arise through your use of the Site and/or the Services. Duration of Liability To the maximum extent permitted by law, you (and anyone claiming through you) are not entitled to commence any action, claim or proceeding of any kind whatsoever against us or any of our employees or agents or associated entities, arising in any way out of or in any way connected with these Terms and Conditions, the use of the Site or the use or provision of the Services at any time. Indemnity Provided by You You hereby indemnify and hold Care Collective harmless and undertake to keep us indemnified and held harmless, from and against any and all possible liabilities, claims, costs, damages and/or losses arising, directly or indirectly, and in any way whatsoever, where such liabilities, claims, costs, damages and/or losses are suffered by us, or caused by you as a result of: A breach by you of any responsibilities or obligations arising from these Terms and Conditions or in connection with the Site or the Services; Any misuse of the Site or Services by you or any third party related to or claiming through you; Any wilful, unlawful or negligent act or omission by you; or Any infringement by you of any third party’s intellectual property or other personal or proprietary rights. Any indemnity given by you under these Terms and Conditions is a continuing and enduring indemnity; and will endure beyond and survive the completion of your use of the Site or the Services and the termination of these Terms and Conditions. PAYMENT FOR SERVICES Making Payment If a debit is returned by your financial institution as unpaid, the provision of certain or all Services may be suspended until payment has been rectified, and you may incur a failed payment fee. You authorise us to re-process any unsuccessful payments after three (3) Business Days. Certain recurrent fees may remain in place any Agreement between us and you, at our discretion. You must arrange a suitable alternative payment method if any payment arrangements are cancelled either by you or by your financial institution. You acknowledge that any fee paid to Care Collective for the purposes of creating an Account or utilising the Services only grants you access to the Site and the Services and does not constitute, or is in no way to be construed as constituting, an offer of employment or other professional engagement between you and Care Collective. The Site is merely a conduit to connect Users with one another. Time for Payments You will make payment to us, without any set-off or deduction, for any Service provided to you by us under these Terms and Conditions within thirty (30) days of receipt of any invoice for the provision of such Services, in the manner specified in these Terms and Conditions. Where any payment for the provision of Services operates on a subscription basis and is accordingly made regularly, that payment by you will automatically be renewed at the end of the relevant subscription period, unless you cancel your subscription by contacting email@example.com no later than thirty (30) days prior to the end of your current subscription period. Overdue Payments If you fail to pay us the Fee for any Service agreed to by you under these Terms and Conditions, we may immediately suspend performance and supply of the Services and charge interest at a rate of 10% per annum on the outstanding amount, calculated and payable for the period from the due date of such outstanding amount, until the date it is actually paid in full. Where these Terms and Conditions involve the recurring payment of a Fee for the provision of any Services, the obligation to make payment of that Fee may remain in place at our discretion, notwithstanding that those Services may have been suspended. You shall indemnify us and hold us harmless, and undertake to keep us indemnified and held harmless, from and against any and all damages, claims, losses or costs of any kind and howsoever arising, and whether directly or indirectly, suffered or incurred by us in any way, in recovering or seeking to recover any amount payable to us by you under these Terms and Conditions. Cancellation of Services/Payments You acknowledge that a cancellation fee may apply where any of the Services provided under these Terms and Conditions is cancelled by you at any time prior to the completion of the provision of those Services. You agree to pay such fee where applicable. CONTENT USE Our Rights and Licence to Content Care Collective may use your Content for any lawful purpose. By accessing or using the Site you irrevocably grant us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right, entitlement and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Care Collective for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us, and you hereby irrevocably and unconditionally release us from and against any and all liability of any kind and howsoever arising, and whether directly or indirectly, that may occur, in relation to your Content and its creation or use. Site Content By using the Site, you acknowledge that Care Collective does not control the use of all Site Content, and that we therefore do not accept any liability or responsibility of any kind, for any Content that is displayed or otherwise made available on, in connection with, the Site. DEFAULT AND TERMINATION Third Party Costs and Disbursements Third parties may provide credit facilities for the billing of certain Services under these Terms and Conditions, in connection with the Site and its use. You acknowledge that the terms of the provision of those credit facilities may require full payment of accounts rendered within any relevant and specific terms of trade. Failure to meet those terms of trade may attract a late payment fee. You acknowledge that the third party may also withdraw the credit account. Where a credit application described in this Clause is rejected, users must pay Care Collective for the Services in advance, at least thirty (30) days prior to commencement of the provision of the Services. Termination by User Users are entitled to terminate their Account at any time. Upon termination of the Account the user will continue to be bound by the terms and conditions set out in these Terms and Conditions. Terminating Payments If you or Care Collective, for any reason, terminate the relationship between you and Care Collective, then you shall immediately pay all outstanding invoices and amounts owed to us and any third party suppliers, including any existing or subsequent invoices for all costs and expenses reasonably incurred by us in connection with any Services provided by us, and you agree that upon such termination, and to the fullest extent permitted by law, we shall have no liability or responsibility to you of any kind whatsoever, and howsoever arising, and that we will not be required to refund any amounts that you have already paid. OTHER PROVISIONS Site Availability You hereby release Care Collective and any user of the Site from, and indemnify Care Collective and any user of the Site against, any claim whatsoever arising out of or in any way connected to the inaccessibility or unavailability of the Site at any time. Accounts In order to access certain features of the Site or Services connected with the Site you may be required to create an Account. You hereby acknowledge that creating your Account of necessity requires us to request certain information from you. By creating an Account you consent to, acknowledge and accept that any information requested is freely provided by you. You are responsible for any and all communications or activities arising in connection with your Account and Your Content, as well as any Content, including Third Party Content, uploaded to the Site in connection with your Account. It is your responsibility to ensure that your use of the Site and your Account is in compliance with these Terms and Conditions. Privacy By accessing or using this Site you hereby agree to abide by all relevant Privacy Laws at all times. Care Collective will use and deal with any personal information collected in accordance with the Privacy Act 1988 (Cth) and the applicable Australian Privacy Principles (APPs). Third Parties Care Collective does not endorse, control or administer any Third Party Content or other website that may be available through the Site. Intellectual Property and Copyright Nothing in these Terms and Conditions shall be construed as conferring any licence or right under copyright or other intellectual property rights. You shall indemnify and hold us harmless and keep us indemnified and held harmless from and against any and all possible liabilities, claims, costs, damages and/or losses arising in any way, and whether directly or indirectly, out of the provision by you to us and the use by us, of any and all material that you supply to us in contemplation of the provision of the Services, including, without any limitation, any and all third party claims for breach of copyright or any other intellectual property rights in and to all such material. Procedures for Resolution of Disputes If a dispute or difference arises between Care Collective and you out of or in connection with these Terms and Conditions or your use of the Site or Services, either party may deliver by certified mail to the other party a notice in writing adequately identifying and providing details of the dispute, and the parties shall: First, meet within seven (7) days of receipt of the notice, to negotiate, in good faith, resolution of the dispute; and Secondly, if the parties fail to resolve the dispute or difference within seven (7) days of that meeting, they shall attend a mediation administered in accordance with the Institute of Arbitrators Australian Rules for the Conduct of Commercial Arbitrations. Finally, if the dispute is not resolved at the mediation then the dispute shall be submitted to arbitration in accordance with and subject to The Institute of Arbitrators Australian Rules for the Conduct of Commercial Arbitrations. Nothing in this Clause shall prevent us from instituting legal action at any time to recover moneys owed to us by you. Jurisdiction These Terms and Conditions constitute the entire agreement between Care Collective and you, overriding any prior agreements. These Terms and Conditions are subject to and shall be interpreted in accordance with the laws applicable in the State of Western Australia. The parties hereby submit to the exclusive jurisdiction of the Courts in that State. Waiver No failure or delay by us in exercising any right, power or privilege under these Terms and Conditions shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law. Agency, Partnership etc. Nothing in these Terms and Conditions shall constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and us other than the relationship expressly provided for in these Terms and Conditions. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party's behalf. Severance If a court strikes down any of these terms, the remaining terms will survive. Severance of any terms shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions or any other provision in these Terms and Conditions. Notices We will send notices to you via the email address you provide to us, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these Terms and Conditions at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to these Terms and Conditions will be effective unless made in writing, signed by you and by us. Any questions, comments or complaints or other notices must be sent to Care Collective by registered mail to: Lakeside West Chartered Accountants Level 1, 144 Northwood Street, WEST LEEDERVILLE WA 6007 7.12 Divergent Terms In the event of any divergence or difference arising between the provisions contained in these Terms and Conditions the provisions contained in these Terms and Conditions shall prevail, to the full extent of that divergence or difference.