1. About the Website
(a) Welcome to our domain, aged.care (the “Website”). The Website provides aged care jobs and job alerts, provider and service information, workforce screening resources, staffing, recruitment and workforce services (the “Services”).
(b) The Website is operated by Fresh Idea Group Pty Ltd (ACN 702 606 728). Access to and use of the Website and its associated products or Services is provided by Fresh Idea Group Pty Ltd. Please read these terms and conditions (the “Terms”) carefully. By using, browsing or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree, you must stop using the Website and Services.
(c) Fresh Idea Group Pty Ltd may review and change these Terms by updating this page. Changes take effect when published. Where appropriate, we will use reasonable endeavours to notify registered users of material changes.
2. Acceptance of the Terms
You accept the Terms by using the Website. You may also accept the Terms by clicking to accept or agree where that option is made available in the user interface.
3. Registration to use the Services
(a) You may register for an account through the Website (the “Account”) as an aged care provider or its authorised representative, an employer posting a job, a job seeker, or another person using our Services. An Account may be required to access particular Services.
(b) As part of registration or your continued use of the Services, you may be asked to provide information relevant to your Account, including:
(i) your email address;
(ii) your full name and, where applicable, the organisation you represent and your role within it;
(iii) your address;
(iv) your telephone or mobile number;
(v) a password or information needed to use passwordless sign-in;
(vi) organisation, service location or billing details relevant to the Services you request; and
(vii) information about a job, staffing request, work preference, qualification or experience where relevant.
(c) You warrant that information you provide is accurate, complete and up to date.
(d) Once registration is completed, you are a registered member of the Website (a “Member”) and agree to be bound by these Terms.
(e) You may not use the Services or accept the Terms if you are not legally capable of forming a binding contract or are prohibited from receiving the Services under applicable law.
4. Your obligations as a Member
(a) As a Member, you agree that:
(i) you will use the Services only for purposes permitted by these Terms and applicable law;
(ii) you are responsible for protecting the confidentiality and security of your Account, password, email address and mobile number;
(iii) you will notify Fresh Idea Group Pty Ltd promptly if you become aware of unauthorised use of your Account or a security breach;
(iv) each person accessing an organisation’s Account or acting for an organisation must use their own authorised login and have authority to act for that organisation;
(v) information you submit about yourself, an organisation, a job, a service location or a staffing request must be accurate and must not mislead other users;
(vi) you will not use the Website to collect contact details, send unsolicited communications, impersonate another person, frame the Website without permission or engage in illegal or unauthorised activity;
(vii) commercial advertisements, affiliate links and unrelated solicitation may be removed without notice and may result in suspension or termination; and
(viii) you will not access or use the Website through automated means unless Fresh Idea Group Pty Ltd has expressly authorised that access, including through an approved API.
5. Payment
(a) Some Services may be free, while other Services may be subject to fees agreed with you or your organisation (the “Services Fee”). Any applicable pricing, payment method, tax treatment and payment terms will be communicated before the paid Service is provided.
(b) You are responsible for ensuring payment details and billing information you provide are accurate and that you are authorised to use the relevant payment method.
(c) If an amount is returned, denied or remains unpaid, you may be responsible for reasonable costs associated with recovering the unpaid amount, to the extent permitted by law.
(d) Fresh Idea Group Pty Ltd may vary a Services Fee for future Services by providing notice or an updated quote.
6. Refund Policy
Any refund will be handled in accordance with the agreement governing the relevant paid Service and the Australian Consumer Law. Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.
7. Copyright and Intellectual Property
(a) The Website, the Services and related products are subject to copyright. Unless otherwise indicated, rights in the Website’s compilation, code, design, text, graphics, logos, images, audio, video and interactive features are owned or controlled by Fresh Idea Group Pty Ltd or its contributors.
(b) Fresh Idea Group Pty Ltd grants you a worldwide, non-exclusive, royalty-free and revocable licence while you use the Website to:
(i) use the Website in accordance with these Terms;
(ii) copy and store the Website and its material in your device’s cache; and
(iii) print pages for personal and non-commercial use.
(c) Nothing you do on or in relation to the Website transfers to you a business name, trading name, domain name, trade mark, design, patent, copyright or other intellectual property right.
(d) Without prior written permission from Fresh Idea Group Pty Ltd and any other relevant rights owner, you may not broadcast, republish, upload to a third party, transmit, distribute, publicly display, adapt or change Website material, except where these Terms permit it or the material is expressly available for re-use or is in the public domain.
8. Privacy
Fresh Idea Group Pty Ltd takes privacy seriously. Personal information provided through the Website or Services is handled in accordance with our Privacy policy.
9. General Disclaimer
(a) Nothing in these Terms limits or excludes a guarantee, warranty, representation or condition implied or imposed by law, including the Australian Consumer Law, where it cannot lawfully be limited or excluded.
(b) Subject to paragraph (a), and to the extent permitted by law:
(i) terms, guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded; and
(ii) Fresh Idea Group Pty Ltd will not be liable for special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
(c) Use of the Website and Services is at your own risk. The Website and Services are provided “as is” and “as available”. Fresh Idea Group Pty Ltd does not warrant uninterrupted operation or that all information will be complete, accurate, suitable or current.
(d) Provider, service and banning-order information may be sourced from third parties, independently processed and updated periodically. Fresh Idea Group Pty Ltd does not guarantee its accuracy, completeness or currency. Users must conduct their own due diligence and verify relevant information against the applicable official source before relying on it or making an employment, compliance, commercial or care decision.
(e) Job listings are submitted by employers or their representatives. Fresh Idea Group Pty Ltd does not guarantee that a listing, employer, role, salary, working condition or application outcome is accurate, available or suitable.
10. Limitation of liability
(a) To the extent permitted by law, Fresh Idea Group Pty Ltd’s total liability arising out of or in connection with the Services or these Terms will not exceed the resupply of the relevant Services or the cost of resupplying them.
(b) Fresh Idea Group Pty Ltd, its affiliates, employees, agents, contributors and licensors will not be liable for direct, indirect, incidental, special, consequential or exemplary damages, including loss of profit, goodwill, data, opportunity or business reputation, except to the extent liability cannot lawfully be excluded.
11. Termination
(a) These Terms continue until terminated by you or Fresh Idea Group Pty Ltd.
(b) You may request closure of your Account through our contact page. Closure does not affect an obligation or liability that accrued before closure.
(c) Fresh Idea Group Pty Ltd may suspend or terminate access if you breach these Terms, if required by law, if a Service is discontinued or if continued provision is no longer commercially viable.
(d) Subject to applicable law, Fresh Idea Group Pty Ltd may suspend or deny access without notice where your conduct is unlawful, compromises security, harms another party, or materially affects the name or reputation of Fresh Idea Group Pty Ltd or aged.care.
12. Indemnity
You agree to indemnify Fresh Idea Group Pty Ltd, its affiliates, employees, agents, third-party content providers and licensors against actions, claims, liabilities, costs, expenses, loss and damage, including reasonable legal costs, arising from:
(i) content or information you submit;
(ii) your access to or use of the Website or Services; or
(iii) your breach of these Terms,
except to the extent the liability was caused by Fresh Idea Group Pty Ltd or cannot lawfully be the subject of an indemnity.
13. Dispute Resolution
(a) Before commencing court or tribunal proceedings, except where urgent relief is sought, a party claiming that a dispute has arisen must give written notice describing the dispute, desired outcome and action requested.
(b) The parties must attempt in good faith to resolve the dispute by negotiation.
(c) If the dispute is not resolved, the parties may agree to mediation in Perth, Western Australia. Unless otherwise agreed, the parties will share the mediator’s fees and each pay their own costs.
(d) Communications made as part of dispute-resolution negotiations are confidential and, where applicable, without prejudice.
14. Venue and Jurisdiction
The Services are intended for people and organisations in Australia. Subject to any law requiring otherwise, the courts of Western Australia have exclusive jurisdiction over disputes arising from the Website, Services or these Terms.
15. Governing Law
These Terms are governed by the laws of Western Australia, Australia.
16. Independent Legal Advice
Each party acknowledges that it has had the opportunity to obtain independent legal advice about these Terms.
17. Severance
If any part of these Terms is found to be void or unenforceable, that part will be severed and the remaining Terms will continue in force.