layout picture Safe Return Home
   
Home
ID·Assist
Medical ID Products
Registration
Company Background
Contact Us
Current Missing People
Login

Shopping Cart

You have no items in your cart.



Terms and Conditions

Terms and Conditions
Applied Aged Care Solutions
ABN 46 083 264 359
("AACS")
Last Amended: [ 21/11/2003]

1. Acceptance of terms and conditions

1.1 In these terms and conditions, unless the context otherwise dictates, "you" means the Registrant or the Registrant's authorised representative (in the case that the Registrant is registering on behalf of the Registrant), and "your" has an equivalent meaning.

1.2 By using any of the services provided by AACS whether on-line or off-line (including but not limited to registering for the use of such services) (the "AACS Services") you acknowledge that you have read and agree to be bound by these terms and conditions as amended from time to time ("Terms and Conditions").

1.3 AACS may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and such modifications or amendments will be binding upon you once displayed on this web site.  You agree to be bound by these Terms and Conditions as so amended and your continued use of this website and/or the AACS Services will constitute your agreement to be bound by these Terms and Conditions as amended.

1.4 If you do not comply with these Terms and Conditions, AACS has the right to suspend or terminate your account at its absolute discretion by providing you with notice or such suspension or termination.

2. Warranties provided by you

2.1 You warrant and acknowledge that:

(a)  you are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract;

(b)  the information you provide on this website and/or to AACS is:

1. correct, complete and current;
2. not misleading or deceptive or likely to mislead or deceive; and
3. free from any programming bugs or computer viruses, faults or errors;

(c)  you will maintain the information provided by you on this website and/or to AACS, and/or notify AACS immediately if any such information changes or becomes out of date, to ensure that such information is always:

1. correct, complete and current; and
2. not misleading or deceptive or likely to mislead or deceive;

(d)  in the event that you have provided the consent on behalf of the Registrant in a consent form for any AACS Services, you are authorised to provide such consent;

(e)  the information provided by you on this website and/or to AACS may be used and relied upon in an emergency;

(f)  you will duly and punctually pay the relevant registration and membership fees;

(g)  you will comply with these Terms and Conditions at all times;

(h)  you will comply with all applicable laws in relation to any transactions entered into on or via this web site and you will not use this web site or the AACS Services for any illegal or fraudulent purpose;

(i)  you will not impede the use of this web site by any person;

(j)  you will not act in a way that, in the sole and absolute opinion of AACS, is likely to be detrimental to the interests of AACS;

(k)  you will maintain the secrecy and confidentiality of all username and password information required by you to access the AACS Services and you will immediately notify AACS if your password has been lost, stolen or compromised in any way; and

(l)  you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.

3. Information provided by third parties

3.1  This web site may contain links to third party web sites and may contain information provided by third parties.

3.2  You acknowledge and agree that insofar as goods/services (and/or information about goods/services) are offered on or through this web site by third parties (the "Third Parties"):

(a)   the information published on this web site about the goods/services of Third Parties are provided by those Third Parties.  AACS is not responsible for the information published by the Third Parties and AACS simply acts as a medium for the publication of the information;

(b)  AACS does not act as an agent or broker of the Third Parties nor does AACS act as your agent or broker in relation to goods/services provided by the Third Parties;

(c) AACS does not arrange contracts between you and the Third Parties;

(d) AACS has no right or power to bind either you or the Third Parties in relation to a Third Party's goods/services;

(e) any agreement entered into with a Third Party as a result of your use of this web site is an agreement between the Third Party and you;

(f) AACS does not provide advice to you in relation to the goods/services offered by the Third Parties;

(g) AACS does not provide any warranties in relation to the goods/services provided by the Third Parties and will not be liable to you or any third party for any failure, wrong or default of a Third Party;

(h) AACS will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Third Party; and

(i) AACS takes no responsibility for the content of any third party web site that links to or from this web site.

4. Intellectual Property

4.1 Unless otherwise provided, all intellectual property (including but not limited copyright and trade marks) in the names, information, material, systems, processes and concepts on this website are owned by or licensed to AACS.  Except as permitted by the Copyright Act 1968 (Cth), no part of this web site may be copied, altered, modified or reproduced by any process without the specific prior written permission of AACS.

5. Limitation of Liability

5.1 You acknowledge and agree that:

(a)  while AACS has made every reasonable effort to ensure that valid consent to collect, store, use and disclose the Registrant's information has been provided by You, AACS does not and will not accept liability for any invalid, void, defective or unlawful consent;

(b)  AACS does not warrant that listing the Registrant in any of the AACS Services will ensure that the Registrant will be located in the event that they are lost or that it will prevent the occurrence of a medical emergency;

(c)  the information provided by AACS is of a general nature only and is not necessarily relevant to your particular situation and does not replace the need for individual professional advice, and accordingly, you must obtain independent professional advice (whether medical or otherwise) to address your particular situation;

(d)  AACS does not warrant or guarantee that this website will be error free or that you will have continuous uninterrupted access to this website;

(e) AACS may at any time, modify or discontinue all or part of the AACS Services.

5.2 To the full extent permitted by law, AACS, its directors, officers, employees, agents, contractors and related bodies corporate, will be under no liability to you or to any person in respect of:

(a) any costs, expenses, liabilities, claims, demands, proceedings, losses or damage (including consequential and special loss or damage); or

(b) injury or death;
which may be suffered or incurred or which may result or arise directly or indirectly from or in connection with:

(c) your breach of these Terms and Conditions;

(d) omissions and/or inaccuracies in the information provided by you on this website and/or to AACS;

(e) any use of this web site or reliance on the information contained on this website for whatever reason;

(f) any transaction entered into through or via this website;

(g) the provision or non-provision of the AACS Services or any other services provided (or to be provided) by AACS to you or to any other party;

(h) the collection, storage, use or disclosure of the information provided by you to AACS;

(i) a third party's use of your password or identification details either with or without your knowledge;
(j) any delays, errors, corruption of data, breakdown or interruption in the website and/or the AACS Services;
whether or not such injury, death, costs, expenses, liabilities, claims, demands, proceedings, losses or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

5.3 If any law prohibits the exclusion of liability referred to in clause 5.1 and 5.2, AACS limits its liability to the extent permitted by the law and at its option to one or more of the following:

(a)  if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iii) the repair of the goods;

(b)  if the breach relates to services:

(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again;

(c) if the breach relates to the supply of information, to the re-supply of such information.

6. Governing Law

6.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria.

7. Entire Agreement

7.1 These Terms and Conditions set out the entire agreement and understanding between you and AACS and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.

8. Provisions Severable

8.1 If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the remaining terms and conditions shall continue in full force and effect and such invalid, illegal or unenforceable provision shall be deemed not to be a part of these Terms and Conditions.