Effective Date: From 1st November 2019

TERMS OF SERVICE

Acceptable Use Policy

1- Acceptable Use Policy

This Acceptable Use Policy applies equally to all Users of InCare Solutions Pty Ltd hosted software called InPlace Care (Service). It is incorporated into and forms part of the terms and conditions under which the Service is provided and may be changed by InCare Solutions Pty Ltd (InPlace Care) in its discretion from time to time. Any changed version of this Acceptable Use Policy applies from the date that it is posted to the webservice.

2- Purpose

The primary purpose of this Acceptable Use Policy is to ensure the intended, efficient, lawful and ethical use of the Service and hosting infrastructure for the benefit of all Carers’ customers: Supporters and their Clients and Carers and Visitors. It sets out the things that you can and cannot do with the Service and applies together with the Contract of Use as part of the conditions forming your agreement with InPlace Care.

3- InPlace Care Service Overview

The Service is an introductory service, designed to connect Users using the Service and not for any other purpose. The information uploaded by Users must comply with this Acceptable Use Policy.

4- Definitions

What we don’t do:

  • Carers: refers to people performing Home Care Services who are registered as such on the Service
  • Client: refers to people requiring Home Care Service who are registered as such on the Service
  • Content: All data / information uploaded to the Service by any User provided to another User
  • Contract of Use means the contract terms and conditions you have signed up to when registering with our Service which this Acceptable Use Policy forms part of
  • Home Care Service means any service provided by a Carer for a Client in that Client’s home or place of residence or environs
  • InPlace Care:The registered business name for InCare Solutions Pty. Ltd. ABN 43 621 586 749
  • Personal Information: has the same meaning as given to that term in the Privacy Act 1988 (Cth).
  • Service: the service comprised by InPlace Care software including the web and mobile applications, hosted on the platform.
  • Supporter:refers to people arranging Home Care Services on behalf of another person (Client) who is registered on the Service and who has the proper authority of the Client or at law to do so
  • User:refers generically to anyone using the InPlace Care Service who is registered on the Service
  • Visitor:refers to people who are using the Service but as yet have not registered on the Service

5- Content on Service

Users are solely responsible for their Content uploaded to the Service and including for the quality, accuracy and completeness reliability of the Content. InPlace Care has no control over your Content and disclaims all responsibility for such Content. We do however, reserve the right to remove your Content if it breaches any law, any third-party rights or if it breaches this Acceptable Use Policy or the Contract of Use (see Section 10 below).

Ratings and reviews of Carers are offered solely as the opinion of Supporters and should not be taken as statements of fact or recommendations on any specific Carer.

InPlace Care reserves the right to modify or reject Content at its unfettered discretion.

6- Responsibilities of Users

You must:

  • Only use the Service in good faith and for its intended purpose;
  • Use the Service in compliance with the laws of Australia;
  • Comply with and not infringe any third parties’ intellectual property rights, including copyright (including moral rights), trademark, design, patent, trade or other proprietary rights, or any rights of registration of such rights in Australia or other countries;
  • Not publish any comment that is defamatory or libelous, is threatening, abusive, offensive, endangers any person or which is unlawful, discriminatory or immoral in Australia;
  • Ensure that your Content:
  • is not false, misleading or deceptive or is likely to mislead or deceive in any way;
  • does not contain any material that could be, or is, rated R, RC or X by the Classification Board of the Australian Broadcasting Authority;
  • does not contain any information that breaches any code of conduct, whether voluntary or otherwise, including any advertising code of conduct;
  • Not disclose information that is confidential to another person without their express consent;
  • Treat Personal Information of others in accordance with the provisions of the Privacy Act 1998 (Cth) and any other applicable privacy legislation;
  • Use the Service in a manner that does not interfere with or harm other Users of the Service, other Users of the Internet or the hosting infrastructure for the Service;
  • Use an up to date, commercially available anti-virus Service on the device that connects to InPlace Care’ hosting infrastructure;
  • Comply with any instruction from InPlace Care to delete or remove any material that, in the unfettered opinion of InPlace Care:
  • Contravenes this Acceptable Use Policy;
  • Is the result of any lawful instruction from InPlace Care to remove Content, for example where a third party has issued a Take Down Notice under the provisions of the Copyright Act 1968 (Cth).
  • Comply with any request from InPlace Care to assist in preventing any breach of this Acceptable Use Policy, or in respect of any legal action that is taken in respect of the Service, your Content or the webservice. InPlace Care will reimburse any out of pocket expenses where you provide such assistance provided you are not the cause of the breach or the initiator of the legal action. InPlace Care agrees to reimburse those expenses in writing in advance provided we approve your written request for us to do so.

In addition to the above, you must not:

  • Place excessive demands on the network bandwidth or hosting environment which are inconsistent with normal use of the Service or which threatens the integrity and security of the Service, the hosting infrastructure, the Internet, or other Users or their systems;
  • Use any automated device, software, process or means to interfere or attempt to interfere with the proper working of the Service;
  • Offer for sale, lease, rental or other arrangement, or invite offers for, goods or services that cannot lawfully be acquired by persons under the age of 18, in Australia or other country;
  • Load or publish any material that contains or distributes any virus, Trojan horse, worm or other programs that have an adverse effect on the Service, the hosting infrastructure or the Internet.
  • Engage in any act which InPlace Care determines, in its unfettered opinion:
  • Breaches the provisions of the Spam Act 2003 (Cth);
  • Is an unsolicited broadcast of commercial emails that are sent to persons who you cannot demonstrate have positively consented to the receipt of that type of email;
  • Results in the collection or re-direction of responses from unsolicited emails from accounts of other service providers;
  • Provides misleading information as to the origin of a message, or alters headings, return email information and/or Internet protocol addresses in order to conceal the origin of a message.
  • Is hacking or facilitates hacking (including the illegal or unauthorised access to any computer, including InPlace Care’ infrastructure, network or system through the Internet);
  • Aid, abet, counsel or procure any of the above.

7- If you do not comply with this Policy.

InPlace Care does not actively monitor or supervise the Content that is loaded into the Service, or transmitted over the Internet from the Service including doing so to determine whether there has been any failure to comply with the Acceptable Use Policy.
However, if InPlace Care becomes aware of a breach, or threatened breach, of the Acceptable Use Policy, then InPlace Care may take any action that it deems, in its unfettered discretion, prudent or necessary to prevent or remedy that breach, including immediately and without notice:

  • Preventing access by any User or group of Users to the Service;
  • Intercepting, removing or altering any Content stored in the Service or in our infrastructure used to provide the Service.

In addition, you will be in breach of the Contract of Use for the provision of the Services, and InPlace Care may, in addition to the above, exercise any right or remedy set out in that agreement including terminating it.

This Acceptable Use Policy is posted by InCare Solutions Pty Ltd (ABN 43 621 586 749). If you have any comments or questions on it, please contact InPlace Care via the Contact Us page available on the webservice http://www.InPlaceCare.com.au

To report a suspected breach of this Acceptable Use Policy, please contact  admin@inplacecare.com.au

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© 2020 InPlace Care. All Rights Reserved

© 2020 InPlace Care. All Rights Reserved