Website Terms & Conditions

1. Acceptance of Terms

1.1 A term or definition with a capital letter which is defined in clause 11, has the meaning given in clause 11.

1.2 By accessing the Website, you are deemed to be bound by the Terms. If you object to any of the Terms, you should immediately cease using and accessing the Website.

1.3 The Terms include all statutory rights conferred on you that we are not capable of excluding, restricting, or modifying.

1.4 Our Privacy Policy https://cuidadoconnect.com/privacy-policy is incorporated into the Terms, as are all policies published on the Website.

1.5 The Terms, as amended from time to time, apply to the exclusion of all prior discussions, representations, understandings and arrangements, and all conditions and warranties (written or oral, express or implied) and other representations (contractual otherwise) whether or not endorsed or delivered with or referred to in any correspondence or communication with us.

1.6 We reserve the right to amend the Terms at any time without notice to you. You should regularly review the Terms. Your continued access of the Website constitutes your agreement to the latest Terms published.

2. Use of the Website

2.1 You acknowledge and agree that by accessing the Website, you will only use the Website for the Website's intended purpose and you will not use it for any purpose that is unlawful or prohibited by the Terms.

2.2 Your use of the Website must not:

• (a) be false, misleading or inaccurate;
• (b) be deceptive or fraudulent;
• (c) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider or other users of the Website;
• (d) damage our credibility or reputation; or
• (e) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by the Terms.

2.3 In using the Website, you must not act in a way which may compromise the security or integrity of the Website, including but not limited to any attempt to breach our security protocols or obtain data stored on the Website.

3. Intellectual Property Rights

3.1 We own or have a licence to use all Intellectual Property Rights and Confidential Information subsisting in or arising in connection with the Website and they remain our property at all times. This includes but is not limited to any templates, guide or other resource or educational material made available through the Website (including videos).

3.2 You must only use the Website for your own personal use and for its intended purpose. You must not duplicate, adapt, modify, copy or publish any part of the Website or allow any other party to do so.

4. Limitation of Liability

4.1 You use the Website at your own risk.

4.2 To the extent permitted by law, we make no representation and give no warranty or guarantee as to the suitability, accuracy, quality, availability, security, performance or fitness for purpose of the Website. You acknowledge and agree that all such implied warranties and conditions are excluded to the extent permitted at law.

4.3 To the extent permitted by law, we exclude all liability of any kind, however arising, for any Loss incurred by you connected with your use of the Website in any way, including without limitation for any defects or errors, inaccuracies or omissions on the Website.

4.4 You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to, or arising out of our provision of, the Website or the Terms.

4.5 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise and applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.

4.6 We are not liable for any direct or Consequential Loss or expenses suffered by you or any third party, however caused, including but not limited to, loss that you may experience as a result of submitting information to us or our use of your information.

4.7 Nothing in the Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting or modifying the application of any law applicable to the use of the Website which cannot be excluded, restricted or modified.

5. Disclaimer

5.1 You acknowledge and agree that any of the information contained on the Website is general information only.

5.2 You acknowledge that:

• (a) you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by us in relation to the Website or its use or application;
• (b) you have not made known, either expressly or by implication, to us any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself that the Website is suitable for your use; and
• (c) any information published on the Website is general information only, does not (and is not intended to) constitute professional advice, may not be appropriate to your specific needs or circumstances and is not a substitute for professional advice.

5.3 You should seek professional advice from suitably qualified professionals regarding your own specific needs.

5.4 We may include links to third party websites from the Website, we have no responsibility once you enter a third party website, and use of any third party website by you will be subject to their terms and conditions and policies.

5.5 You acknowledge and agree that third party applications may apply to any part of the Website for payment processing, and any use of such third party applications is subject to their terms and conditions. We will use reasonable endeavours to notify you of any aspects of the Website which are subject to any such terms and conditions.

5.6 This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.

6. Analytics

6.1 You acknowledge that we may store and use any information or materials inputted, transmitted or otherwise uploaded by you to the Website for our legitimate business purposes, including but not limited to:

• (a) research and product development; and
• (b) statistical analysis and identifying trends to enhance your experience.

6.2 You grant us a worldwide, perpetual, irrevocable, non exclusive, royalty free license to use any information or materials that you input or transmit into the Website for the purposes contemplated by clause 6.1.

6.3 For the avoidance of doubt, any personal information (as defined in the Privacy Act 1988 (Cth)) will be de identified prior to any processing or reporting.

6.4 You grant us a worldwide, perpetual, irrevocable, non exclusive, royalty free license to use and incorporate into the Website any proposals, recommendations, suggestions or other feedback provided by you with respect to the Website.

6.5 You warrant to us that, with respect to all licenses granted under clauses 6.2 and 6.3, you have obtained all necessary consents to grant us the licenses granted under clauses, including but not limited to consents required by law and in relation to copyright and moral rights.

7. Indemnity

7.1 You fully indemnify and hold us and our related bodies corporate, officers, directors, agents, and employees harmless for any Loss, claim or damage of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and against any claims made by third parties arising out of or in connection with, directly or indirectly:

• (a) any misuse of the Website;
• (b) any misuse or unauthorised use or distribution or our Intellectual Property;
• (c) any breach of the Terms including any other policies published on our Website;
• (d) your violation of any law or of the rights of a third party; or
• (e) any other Loss, claim or damage otherwise arising, directly or indirectly, from your use of the Website.

7.2 You indemnify and must hold us harmless against any Loss which we incur as a result of or in connection with a breach by you of clause 3.1 or 3.2.

8. Security

8.1 Whilst we use best endeavours to maintain the security of the Website, we do not guarantee the security of the Website, our records, or your information.

8.2 We disclaim all liability for any computer virus or technological problems that you suffer as a result of your use of the Website, or any Loss suffered due to any data breach or compromise/misuse of your data that is provided to us in connection with the Website.

9. No waiver

Failure by us to enforce any of the Terms should not be construed as a waiver of any of our rights here under or a waiver of a continuing breach.

10. Governing law

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that jurisdiction in connection with all matters concerning these Terms. You may not object to the jurisdiction of any of those courts on grounds that it is an inconvenient forum or that it does not have jurisdiction.

11. Definitions

11.1 Definitions: