Terms of Use

This Website is the property of and is maintained by Home Care Helpers Pty Ltd (“Home Care Helpers”). Your access and use of this website are governed by these Terms of Use and the Privacy Policy. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use and the Privacy Policy.  “This Website” means all webpages located on the www.homecarehelpers.com.au. 

Amendments to Terms of Use and Privacy Policy

We reserve the right to amend or revise our Terms of Use and Privacy Policy at any time, we encourage you to check these Terms of Use and Privacy Policy periodically for changes. Continued use of this Website following such update will represent your agreement to be bound by these Terms of Use and Privacy Policy as amended. If any changes are unacceptable to you, you may cease access to or use of this Website.

Disclaimer

The information contained on this Website is for general information purposes only. You must not rely on any statement contained in this Website without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this Website, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result of, or your reliance on, any part of it. This Website may contain Links to other websites. Those Links are provided for convenience only and may not remain current or be maintained. We do not accept responsibility for any action, claim, demand, loss and/or cost however caused  which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:

· this Website;

· any Linked website; and/or

· any virus or harmful code that may be introduced into your system by using this Website.

Links and other third party websites

Home Care Helpers have no control over third party websites, and you acknowledge and agree that Home Care Helpers is not responsible for the privacy practices of such sites, and that Home Care Helpers does not endorse or warrant the accuracy of any such sites and shall in no way be liable or responsible for any content or websites on or available from such sites or resources. You further acknowledge and agree that Home Care Helpers shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or websites on or available from such sites or resources. Our Links with Linked websites should not be construed as an endorsement, approval and/or recommendation by Home Care Helpers of the owners and/or operators of those Linked websites, and/or of any information,  websites, goods and/or services referred to and/or contained in those Linked websites.

Indemnity and Liability

Certain State and Commonwealth legislation imply warranties or conditions or impose obligations which cannot be excluded restricted or modified except to a limited extent. Home Care Helpers do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. You release and indemnify Home Care Helpers and/or our related bodies corporate, directors, officers, employees, agents and/or contractors against all actions, claims, demands, losses  and/or costs directly and/or indirectly suffered and/or incurred as a result of:

· a breach by you of these Terms of Use;

· your use of Links to our content; and

· your use of our content.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Home Care Helpers from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

· if the breach relates to goods:

- the replacement of the goods or the supply of equivalent goods;

- the repair of the goods;

- the payment of the cost of replacing the goods or of acquiring equivalent goods; or

- the payment of the cost of having the goods repaired; and/or

· if the breach relates to services:

- the supply of the services again; or

- the payment of the cost of having the services supplied again.

The information and descriptions of services published on this site or linked website may include inaccuracies or typographical errors and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent the content of the site as complete or up to date. We are under no obligation to update any content on the site. We may change the content of the site at any time without notice. We may make improvements or changes to the site at any time. You agree that we will not be liable, whether in contract, tort, strict liability or otherwise for any indirect, punitive, special, consequential, incidental or indirect damages arising out of or in connection with the use of this Website or a Linked website, or with the delay or inability to use the site or a Linked website. We do not necessarily endorse all opinions or views expressed on this Website, no liability is excepted for harm or offence caused by these opinions or views. Responsibility for the content of advertisements appearing on this Website including Links to advertisers’ own websites rests solely with the advertisers. The placement of advertisements does not constitute a recommendation and/or endorsement by Home Care Helpers of the advertisers’ goods and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement. This limitation on liability includes but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorised access, theft, operator errors, strikes or other labour problems or any force majeure. We do not guarantee continuous, uninterrupted or secure access to this Website. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages in connection with:

· the use of or access to, or any inability to use or access, this Website or any material on this Website;

· unauthorised access to or alterations of your transmissions or data;

· statements or conduct of any third party on this Website; or

· any goods or services purchased through this Website.

Intellectual property rights

All intellectual property on this Website is owned by Home Care Helpers and no part of this Website may be reproduced or uploaded to another location or produced for display in public in any form without our prior written approval.

Conduct

You must not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable laws and regulations and codes of conduct. You agree not to:

· use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;

· publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

· impersonate any person or entity; or

· upload, post, email, transmit or otherwise make available using this Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware. Home Care Helpers retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Specific warnings

You will ensure that your access to this Website is not illegal and/or prohibited by laws which apply to you. You will not provide Links to this Website from any website that contains content that:

· will subject Home Care Helpers to an action for defamation, intellectual property rights infringement and/or a breach of any law; and/or

· is not in conformity with accepted standards of public decency and good taste.

You will take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code and/or other forms of interference which may damage your computer system.

Termination of access

Access to this Website may be terminated at any time by Home Care Helpers without notice. Our disclaimer will nevertheless survive any such termination.

General

We accept no liability for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control. If we waive any rights available to Home Care Helpers under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will nevertheless continue in full force. 

These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.