Terms & Conditions

Terms of Use

This page sets out the terms and conditions for which ADVANTAGE STAR PTY LTD (ABN 78 074 695

588) trading as CareTick (CareTick) provides Services through our App. In these Terms, “we”, “us”

“our” or “CareTick” means Advantage Star Pty Ltd (ABN 78 074 695 588) and “you” “your” or “the user”

refers to any individual or entity who uses our App or our Services otherwise.

1 Definitions and Interpretation

1.1 Definitions

In these Terms, unless stated otherwise:

Applicable Law means any applicable laws, regulations, statutes and legislative instruments.

Application or App means the CareTick application and website through which users access

our Services.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

CareTick means Advantage Star Pty Ltd (ABN 78 074 695 588) trading as CareTick.

Claim any claims, actions, causes of action, suits, demands, proceedings, liabilities, damages,

losses, costs and expenses (including reasonable legal fees) however so arising whether at law,

in equity or under any statute.

Confidential Information means our proprietary and commercially sensitive information

including, without limitation, source codes, object codes, user data, know how, analytics and

algorithms.

Content means all information, data, materials, text, reviews, opinions, images, graphics, videos,

clips, software and material that is accessible and available on the App as provided by us or any

third party and encompasses various elements that contribute to the overall experience of using

the App.

Due Date means the due date for payment of the Subscription Fee as described at Registration.

Intellectual Property means statutory and other proprietary intellectual property rights including,

without limitation all rights (whether registered or unregistered) in relation to copyright, inventions,

patents, trade marks, designs, Confidential Information, Content, design elements, logos,

graphics and text.

Licence means the limited, non-transferable, non-exclusive, revocable licence to use the App

granted in accordance with these Terms.

Linked Sites means links to other sites that are not owned or controlled by CareTick.

NDIS means the scheme created by the National Disability Insurance Scheme Act 2013 (Cth) as

amended and any associated rules or regulations.

Participant means a participant of the NDIS and who engages a Provider for support services.

Provider means provider who delivers NDIS funded support services to Participants.

Registration means the creation of a CareTick account for the purposes of using the App.

Reports means the data recording a Provider’s attendance with a Participant for the delivery of

support services.

Services means the services we offer in connection with this App, including its features,

functionalities and capabilities to create a check in/check out facility between Participant and

Provider and record attendances between Participant and Provider for the delivery of support

services.Subscription Fee means the applicable fee for the App nominated by the user during

Registration, granting access to paid App features.

Terms means these Terms and Conditions for the use of the App and our Services.

1.2 Interpretation

(a) (b) (c) (d) (e) (f) (g) (h) (i) references to legislation or provisions of legislation include changes or reenactment of the

legislation and statutory instruments and regulations issued under the legislation;

words denoting the singular include the plural and vice versa,

words denoting individuals or persons include bodies corporate and vice versa;

grammatical forms of defined words or phrases have corresponding meanings;

reference to an amount of money is a reference to the amount in the lawful currency of the

Commonwealth of Australia;

parties must perform their obligations on the dates and times fixed by reference to Victoria,

Australia; and

if the day on or by which anything is to be done is a Saturday, Sunday or a public holiday

in the place where it is to be done, then it must be done on the next business day;

references to a party are intended to bind their executors, administrators and permitted

transferees; and

obligations under these terms affecting more than one party bind them jointly and each of

them severally.

2 Acceptance and Amendment

2.1 2.2 By accessing or using the App and any of the Services provided through it, you acknowledge that

you have read, understood and agree to be bound by these Terms.

We may amend or update these Terms from time to time, with any changes taking effect upon

publication within the App and your continued use of the App after changes have been posted

constitutes your acceptance of the amended Terms.

3 Eligibility

3.1 You must be at least eighteen (18) years old to access and use this App, our Services or to create

an account with us.

4 Account Registration

4.1 4.2 You must create an account with us in order to use the Services.

You will be prompted to create an account that is intended for Participant usage or Provider

usage.4.3 You warrant that:

(a) (b) (c) (d) (e) you are over the age of eighteen (18) and have full power, capacity and authority to

execute, deliver, and perform your obligations under these Terms;

you will accurately select the role that corresponds to your intended use of the App being

either Provider or Participant, as this designation determines your access permissions,

available features and responsibilities within the App;

your account details are true and correct at the time of Registration and that you will

maintain the accuracy of your account if any of such details change;

your account will only be used by you and not by any other person; and

you will keep your username and password secure and immediately notify us if there is

any actual or suspected unauthorised use of your account or breach of security.

5 Subscription Fee

5.1 5.2 5.3 5.4 5.5 You agree to pay the Subscription Fee in accordance with the plan and billing frequency selected

at Registration.

Your subscription will renew automatically on the Due Date unless you cancel your subscription.

The Subscription Fee is subject to review by us and may be varied by notice in writing to you not

less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via

email or by other reasonable means.

If your plan contains a Subscription Fee, your use of the App is conditional upon payment of the

Subscription Fee and if your payment is rejected, invalid or otherwise unsuccessful, your account

may be automatically restricted, cancelled or suspended.

You may cancel your subscription by written notice to us, after which you will no longer have

access to the functions subscribed to in your account.

6 Reports

6.1 If you are using the App in your capacity as a Provider, you agree that Reports for your

attendances for support services with a Participant will be available for download by that

Participant and may be shared at the Participant’s discretion.

7 Licence to use

7.1 7.2 We grant you a limited, non-transferable, non-exclusive revocable Licence to use the App on

your device during the term of your subscription strictly in accordance with these Terms.

The Licence does not allow you to:

(a) use the App for any commercial purposes;

(b) alter, modify or reverse engineer any element of the App;(d) use or copy any of the marks (including trade marks), logos, text or design layouts in the

App.

(e) App.

7.3 (c) except in accordance with user functions that form part of the App, copy or extract

information from the App or separately distribute that information; or

The Licence does not grant you any right to discover or request any information relating to the

structure, operation or underlying source codes of the App, which is confidential to CareTick and

you must not copy, store or access any Content on the App for purposes which are otherwise not

expressly permitted by these Terms.

8 Use of Application

8.1 8.2 8.3 8.4 You agree to use the Services only for:

(a) personal use and not commercial use; and

(b) for purposes that are permitted by these Terms and consistent with any Applicable Laws

or regulations.

You agree that you will not misuse this App by:

(a) committing or encouraging to commit a criminal offence, including, without limitation, fraud

or phishing;

(b) transmitting or distributing a virus, trojan, or any other material which is malicious,

technologically harmful, in breach of confidence or in any way offensive or obscene;

(c) hacking into any aspect of the App; corrupting data or causing annoyance to other users;

(d) infringing upon the rights of any other person’s proprietary rights, including Intellectual

Property rights;

(e) recording any false, misleading or deceptive information therein;

(f) sending any unsolicited advertising or promotional material or spam;

(g) attempting to affect the performance or functionality of any Services accessed through this

App; or

(h) copying, reproducing, modifying, reverse-engineering, decompiling, or otherwise

replicating any part of the App, its source code, design elements, or functionality.

We reserve the right to monitor all account activity and at our discretion, report any conduct we

deem suspicious to relevant law enforcement or regulatory authorities, which may occur without

notice to you.

We will not be liable for any loss or damage caused by a virus or other technologically harmful

material that may infect your mobile or other device, computer equipment, computer programs,data or other proprietary material due to your use of this App, your downloading of any material

posted on it, or on any Linked Sites.

9 Termination

9.1 We reserve the right to suspend, disable or cancel your account without notice either temporarily

or permanently if we believe that you have breached these Terms or may have breached these

Terms, which means you will no longer have access to the Services.

10 Intellectual Property

10.1 All Intellectual Property Rights associated with our App are exclusively owned by CareTick or its

10.2 licensors.

You must not directly or indirectly copy, reproduce, share, republish, frame, download, transmit,

distribute, sell, reverse engineer, decompile, translate, alter, modify, disassemble or otherwise

attempt to discover our Intellectual Property Rights except to the extent (if any) permitted by these

Terms.

11 Software

11.1 11.2 While we endeavour to ensure the continuous operation and availability of the Services, at times

there may be technical issues, maintenance or external factors that may cause interruption to the

Services.

We will not be liable for any interruption to the App or the Services at any time due to any technical

issues, maintenance or external factors.

12 Linked Sites

12.1 12.2 This App may contain Linked Sites which are not operated by us and your use of the Linked Sites

will be subject to the terms of use and service contained within each such site.

We have no control over the Linked Sites and accept no responsibility for them, or for any loss

or damage that may arise from your use of them.

13 Linking to this App

13.1 13.2 You may link to our page, provided you do so in a way that is fair and legal and does not damage

our reputation or take advantage of it, but you must not establish a link in such a way as to

suggest any form of association, approval or endorsement on our part where none exists or

establish a link from any site that is not owned by you.

This App must not be framed on any other site, nor may you create a link to any part of this App

other than the homepage, and we reserve the right to withdraw linking permission without notice.

14 Limitation of Liability

14.1 We acknowledge that there are statutory guarantees under the Australian Consumer Law which

require certain goods and services to be provided with due care and skill and be reasonably fitfor their purpose, and clause 14.2 is not intended to exclude or restrict the application of such

14.2 laws.

Subject to clause 14.1 and to the extent permitted by law:

(a) (b) the Content displayed on our App and the Services are provided on an ‘as is’ basis without

any guarantees, conditions or warranties as to their accuracy; and

CareTick, our officers, employees or agents are not liable for any Claim arising under or in

connection with these Terms, save to the extent that any Claim arises from the negligence

or wilful misconduct of CareTick or any of our officers, employees or agents.

15 Indemnity

15.1 By using this App, you agree to indemnify, defend and hold harmless CareTick, its affiliates,

officers, directors, employees, agents, licensors and service providers from and against any and

all Claims arising out of or in connection with:

(a) (b) (c) (d) (e) your use or misuse of this App;

your violation of these Terms;

your breach of any Applicable Laws or regulations;

any content you submit, post, transmit, or otherwise make available through the App; and

and infringement or alleged infringement of Intellectual Property Rights or other rights of a

third party.

16 Privacy Policy

16.1 Our privacy policy, which sets out how we will use your information, can be found at

https://caretick.com.au/privacy-policy/.

16.2 16.3 By using this App, you consent to the processing described the privacy policy and warrant that

all data provided by you is accurate.

We may collect, share and use technical data and related information including information about

your device and the App to facilitate the provision of updates or troubleshooting and you agree

that we can use this information as long as it does not personally identify you.

17 Variation

17.1 We may, at our discretion at any time and without notice amend, remove or vary the Services,

Content or any feature of the App.

18 Waiver

18.1 Except as may be otherwise provided in these Terms, the failure or delay by a party in exercising

any of its rights or remedies under these Terms will not constitute a waiver of the right or remedy

or prevent any further exercising of the right or remedy, which will remain in full force and effect.19 Severance

19.1 If any provision of these Terms is prohibited by law or held by a Court to be unlawful, void or

unenforceable, the provision must, to the extent required, be severed from these Terms and

rendered ineffective as far as possible without modifying the remaining provisions of these Terms.

20 Entire Agreement

20.1 These Terms constitute the entire understanding between the parties and supersede all prior

discussions, representations or agreements, whether written or oral, relating to their subject

matter.

21 Notices and Complaints

21.1 21.2 Any notices that we need to send to you will be issued to the email address associated with your

account nominated at Registration.

We operate a complaints handling procedure which we will use to try to resolve disputes when

they first arise and can be contacted about complaints or other matters at info@caretick.com.au.

22 Governing Law

22.1 22.2 These Terms are governed by and construed in accordance with the laws of Victoria, Australia.

Any disputes concerning these Terms are to be resolved by the Courts having jurisdiction in

Victoria.