Website Terms and Conditions

Posting Guidelines

What are reviews and replies???

Aged CareAware's reviews and replies provide the opportunity to share experiences and opinion about aged care in Australia. They also help others to make more informed decisions about care options.

For the purposes of the Aged CareAware website, a review is one person's first-hand experience with an aged care provider and a reply is a response to a review. The right to reply give business owners the opportunity to respond to reviews about their own business only.

Submitting reviews and replies

All reviews and replies are moderated by the Aged CareAware team prior to being posted on the website. All reviews and replies are moderated and approved as quickly as possible however this process may sometimes result in delays.

We will publish, reject, edit or remove any review or reply at our sole discretion.

All reviews and replies submitted to Aged CareAware become the property of Aged CareAware. We may reproduce any part of a review or reply for publication or broadcast in marketing material, newsletters, on social networking sites, newspapers, magazines, TV, radio or online.

Review and reply guidelines

Aged CareAware was created to create a forum for experience regarding aged care to be shared.

We accept both positive and negative reviews, provided they appear to be honest, authentic and written by someone who has had first-hand experience with the business. By this, you may be a resident of an aged care home or receive aged care services, or be a close friend, family member or carer who has also had interaction and experience with the aged care home or service. We want to hear your story, in your own words. The most helpful reviews are those that are personal, detailed and provide useful comments.

We also accept positive and negative comments provided they appear honest, authentic and relate to the review they are in response to. A reply can, for instance say thank you for the praise, apologise for a mistake or give their side of the story. The most helpful reviews are those that are detailed and provide useful comments.

Aged CareAware is not obliged to remove a review or reply, or part thereof, when requested by the reviewer or business owner.

Inappropriate Reviews and Replies

The Aged CareAware team will reject any review or reply which is inappropriate or which does not comply with these posting guidelines.

Inappropriate reviews are replies are those which:

Don't appear to be based on a genuine experience.
Contain expletives.
Contain offensive or derogatory material. This includes anything racist, sexist, lewd, bigoted, or homophobic.
Are based on rumour or hearsay.
Are defamatory. This means to falsely or unjustly damage someone's reputation. Reviewers must back up any allegations with as much detail and background information as possible for us to consider publishing it.
Negatively identify, target or constitute personal reprisals against staff, business owners or service providers.
Contain claims of negligence, malpractice or illegal activity. We encourage reviewers who have experienced these issues to contact the relevant authorities.
May be in contempt of court. This includes reviews and comments containing references to legal cases currently before court.
Are not honest, but rather written by a business owner on a competitor's business listing.
Are written in a language other than English or which don't make sense.
Don't mention specific experiences with the business
Contain repeated information (for example a direct copy and paste from another review)

When a review or reply is rejected we send the reviewer or business an email explaining why it was rejected. We will seek to resolve reason for rejection, however Aged CareAware’s decision is final and we won't enter into any further correspondence about the matter.

To ensure the integrity of the site, reviews by business owners or their staff on their own business listings will not be accepted. Business owners are instead encouraged to submit comments in response to customer reviews about their business.

Website Terms of Use

Thank you for visiting Aged CareAware site (the Site) and welcome. These are our Terms & Conditions for use of the Site that may be accessed in a number of ways, including but not limited to the internet, mobile phones and tablets. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.

1. Use of this site
	1.1 Care Aware is the owner and operator of the Site.
	1.2 Users of the Site, including Service Providers, Business Providers, Advertisers, Members and Visitors (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at the sole discretion of Care Aware. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, in the form they exist at that time.
	1.3 The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose, in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use (other than for the adding to or correcting of information contained in the directory) requires prior written approval from Care Aware.
	1.4 Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.
2. User's Obligation
	2.1 Users will not:
		2.1.1. use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory on the Site any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
		2.1.2. submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
		2.1.3. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to Care Aware or do anything that compromises the security and/or stability of the Site or the directory;
		2.1.4. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
		2.1.5. send automated queries of any kind to the Site or the Directory without Care Aware's express written permission.
3. Member Account Terms of Use
	3.1 All Users agree:
		3.1.1. to abide by the Terms & Conditions;
		3.1.2. to provide accurate, current and complete information at all times;
		3.1.3. to maintain the security of passwords and/or identification;
		3.1.4. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
		3.1.5. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
		3.1.6. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
		3.1.7. that Care Aware has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for Care Aware to contact Users or you directly, Care Aware will notify the User of any suspension or termination and the reasons for it and the User or you has 5 days to provide a written response as to why the suspension or termination should be reversed. Care Aware will give due and reasonable consideration to that response and provide a written response to the User or you within 10 days of receiving those reasons as to its decision.
4. Service Provider Terms of Use
	4.1. In signing up as a Service Provider you:
		4.1.1. agree that you are the registered business owner or authorised representative of the business or organisation being registered;
		4.1.2. agree that your business or organisation, like all businesses and organisations displayed on the Site are subject to receive ratings and reviews from Users;
		4.1.3. acknowledge that, to the extent permitted by law, Care Aware is not liable for any Content that causes you or your business any loss or damage;
		4.1.4. acknowledge that Care Aware reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and
		4.1.5. understand that Care Aware at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.
5. Intellectual Property
	5.1. Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to Care Aware or its licensors, advertisers or affiliates, including but not limited to logos and trademarks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
	5.2. You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by Care Aware. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners' permission.
	5.3. Other, non-Care Aware trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
6. Liability & Indemnity
	6.1. Care Aware does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, Care Aware otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 7.1.1 – 7.1.5 apply.
		6.1.1. Care Aware does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of Care Aware. All Content on the Site may be changed and/or removed at Care Aware sole discretion and without notice.
		6.1.2. Care Aware will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21.
		6.1.3. Care Aware does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Care Aware or the server that makes it available, are free of viruses or bugs.
		6.1.4. Liability of Care Aware, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at Care Aware's discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
		6.1.5. You indemnify Care Aware and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
7. Third Party Content & Links
	7.1. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
	7.2. This Site may include links to third party sites which are not related to Care Aware and in relation to which Care Aware has no control or interest. The appearance of those links on this Site does not indicate any relationship between Care Aware and that third party or any endorsement by Care Aware of that third party, its site or the products or services which it is advertising on this Site.
8. Contributing Content
	8.1. When you submit Content to Care Aware in any format, including any text, photographs, graphics, video or audio, you grant Care Aware a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
	8.2. Care Aware reserves the right not to use the Content you submit.
	8.3. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
	8.4. You indemnify Care Aware against any and all legal fees, damages and other expenses that may be incurred by Care Aware as a result of a breach of the above warranty.
	8.5. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
9. General
	9.1. These Terms & Condition shall be governed by and interpreted in accordance with the laws of Victoria.
	9.2. Any notice to be served to Care Aware under this agreement must be served personally by post, facsimile or email to the Care Aware at: Attention: Care Aware 18/26 Garton Street Princes Hill VIC 3054 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Standard Commercial Terms and Conditions

These Terms and Conditions are applicable to all Service Provider and Business listings and paid or free Advertising provided on www.agedcareaware.com.au, by Care Aware. Service providers or businesses should carefully review all applicable terms and conditions before purchasing any listing or advertising.

Care Aware maintains, and makes publicly available, a comprehensive Service provider and business listing database of both free listings and both paid advertisers and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of Australian aged care homes, facilities and service providers. To enable Care Aware to make the database as comprehensive as it can be, its content is not limited to service providers or businesses which have commercial arrangements with Care Aware. Consequently, a free listing for a service provider or business does not mean that the listed service provider or business has any commercial arrangement with Care Aware.

1. Definitions "person" includes a corporation; "month" means calendar month; "Advertiser" means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Care Aware in relation to the inclusion on the Website of a paid listing or other advertising content, including through the use of this website to upload information into the Directory; "follow-on term" means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be; "GST" has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST. "stand-alone" A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement; "Users" means users of the Website including, where appropriate, Advertisers. "Contract" means documents or recording including: 1. these terms including any attachments; 2. the approved and authorised Contract; 3. 4. the Website terms of use located at www.agedcareaware.com.au; 5. any advertising rules and/or guidelines which apply to your Contract; 6. any equivalent approved and authorised document Contract received by Care Aware
2. Term of Advertising Contract
	2.1 The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with an authorised representative or equivalent contract is received by Care Aware.
	2.2 The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Clause 6.
3. Fees and Charges
	3.1. Invoicing and payment:
		3.1.1. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with an authorised or equivalent contract by Care Aware, the Paid Business Lister or Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 2.1.6
		3.1.2. The Paid Business Lister or Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
		3.1.3. Care Aware reserves the right to make changes to the prices at any time, on 30 days notice to the Paid Business Listing or Advertiser
		3.1.4. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
		3.1.5. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the telephone with an authorised representative or Care Aware, or equivalent document.
		3.1.6. Payment methods and payment terms accepted by Care Aware are as follows: 3.1.6.1. PayPal, credit card and direct debit are made on the due date. 3.1.6.2. Those business and advertisers paying by cheque and electronic funds transfer are required to fill out a credit application.
		3.1.7. Should the Advertiser elect to pay by PayPal, credit card, and the original processing transaction is unsuccessful, then ALS reserves the right to process the credit card for payment as required to achieve a successful outcome.. The Paid Business Listing or Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
		3.1.8. If required by the payment arrangements agreed between Care Aware and the Paid Business Listing or Advertiser, the Paid Business Listing or Advertise must at all times maintain sufficient funds in the Paid Business Listing or Advertiser's PayPal, credit card account or the bank account (as the case may be) to cover all fees or charges payable to Care Aware as and when they are due.
		3.1.9. Nothing prevents Care Aware from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Paid Listing or Advertiser.
4. Cancellation Policy
	4.1. If the Paid Listing or Advertiser wishes to terminate their contract within the period of the term of the contract then the Paid Listing or Advertiser must do the following:
		4.1.1. Provide written notice to This email address is being protected from spambots. You need JavaScript enabled to view it.. The cancellation notice will be required to be acknowledged in writing upon receipt by Care Aware to take effect.
		4.1.2. The Paid Listing or Advertiser acknowledges that a cancellation request will incur a cancellation fee of $500 per Paid Listing or advertising Contract.
		4.1.3. A cooling off period of five (5) business days will apply to all Contracts where an Paid Listing or advertiser may cancel their Contract. No cancellation fees will be incurred as a result of cancellation during the five (5) business day cooling off period. All cancellations within the cooling off period should be made via email to This email address is being protected from spambots. You need JavaScript enabled to view it. and the cancellation will be recorded and acknowledged by return email.
		4.1.4. Any refund due and payable by Care Aware will be paid less any applicable cancellation fees.
5. Advertising Proposals An advertising proposal does not constitute an agreement between Care Aware and the advertiser. All advertising proposals expire within 14 days of the proposal being presented unless stated otherwise in writing.