Terms And Condditions

Effective Date: August 12, 2024

About the Application

The Application is operated by Abled Care And Nursing Services (ABN 61 631 530 240). Access to and use of the Application, or any of its associated Products or Services, is provided by Abled Care & Nursing Services. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, 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 Application, or any of Services, immediately.

reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate 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

You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by in the user interface.

Your obligations as a Member

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

Payment

All payments made in the course of your use of the Services are made using . In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Subscription FeeServices Fee 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, associated with the Subscription FeeServices Fee.

You agree and acknowledge that can vary the Subscription FeeServices Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

Refund Policy

will only provide you with a refund of the Subscription FeeServices Fee in the event they are unable to continue to provide the Services or if the manager of makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.

Copyright and Intellectual Property

The Application, the Services and all of the related products of are subject to copyright. The material on the Application 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 Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by .

retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

to you.

You may not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Privacy

takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to ‘s Privacy Policy, which is available on the Application.at .on the Application and at .

General Disclaimer

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.

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

Use of the Application and the Services is at your own risk. Everything on the Application 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 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

Limitation of Liability

‘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 statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that , 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.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of . Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination of Contract

The Terms will continue to apply until terminated by either you or by as set out below.

If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to via the ‘Contact Us’ link on our homepage.

may at any time, terminate the Terms with you if:

Subject to local applicable laws, 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 Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ‘s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

Dispute Resolution

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).

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.

Resolution:

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

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.

Termination of Mediation:

If 2 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

The Services offered by is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of , Australia.

Governing Law

The Terms are governed by the laws of , 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 , Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

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

BRING YOUR OWN DEVICE POLICY

Purpose of the Policy

This Policy provides guidelines, standards and restrictions for employee use of personally owned devices and connecting to Kohli Traders PTY LTD. network for the purposes of conducting business. All Kohli Traders PTY LTD. employees are bound to the conditions set forth by this Policy. In the event of a breach of Policy, Kohli Traders PTY LTD. reserves the right to revoke the use of smart devices. This is because a breach of this Policy may result in the exposure of confidential information, loss of revenue and damage to the Company’s public image. This Policy is therefore intended to protect the security and integrity of Kohli Traders PTY LTD. data and technology infrastructure.

Acceptable Use

This acceptable use of devices, under this Policy, is restricted to activities directly or indirectly related to an employee’s work responsibilities or for the benefit of the Company. In achieving such purposes, the employee may connect to the Company’s internet service and other network equipment such as printers and fax machines where necessary for the work to be performed. Acceptable usage is subject to the limitations of clause 8 of this Policy.

Applications allowed on device:

Prohibited use

All employees are not authorised from using devices for the purposes:

Applications not allowed on device:

Reimbursement

The company will reimburse the employee for % of the cost of a device mutually agreed upon.

The company will reimburse or otherwise pay the employee for the following charges: .

Security

Employees using personally-owned devices and related software must comply with the security procedures set forth in this clause of the Policy in order to protect the integrity and security of the company’s data.

Breach of Policy

The Company reserves the right to take appropriate disciplinary action up to and including termination for noncompliance with this policy. , will be advised of any breaches of this policy and will be responsible for determining appropriate remedial action.

Help and Support

Employees are not eligible to receive device-specific support with Kohli Traders PTY LTD.’s IT Department for personal devices and are responsible for ensuring the maintenance of personal devices.

Kohli Traders PTY LTD.’s IT Department will perform maintenance on software related or web-based issues.

Liability

The employee takes full liability for risks including, but not limited to, the partial or complete loss of company and personal data due to an operating system crash, errors, bugs, virus, malware, and/or other hardware failures, or programming errors that render the device unusable.