These terms and conditions are between DIGITAL BRAND BUILDERS PTY LTD (trading as Aged Care and Medical) (ACN 164 689 294), (we, us or our) and you, the aged care recipient (you or your), together the Parties and each a Party. Your Approved Provider has asked us to provide you with the Equipment. Your Approved Provider will pay for the Equipment to be hired out to you during the Hire Period, but while it is in your control and possession, you have some responsibilities.
1 Equipment
1.1 We agree to provide the Equipment to you in accordance with all applicable Laws and the agreement we have in place with your Approved Provider.
1.2 You acknowledge and agree that we own the Equipment at all times. At no point during the Hire Period do you own or have any claim over the Equipment. We have a security interest in the Equipment. This protects our ownership rights. You must not allow anyone else to have or claim any security interest in the Equipment.
2. What you must do
2.1 While the Equipment is in your possession, control or on your premises, you are responsible for it. This means that you must:
(a) keep the Equipment safe, clean and in good condition;
(b) add the Equipment to your home and contents insurance policy;
(c) prevent the Equipment from being subject to any loss, theft, damage, vandalism or destruction and notify us immediately if the Equipment is stolen, lost, destroyed, damaged or involved in an Accident.
(d) follow our reasonable instructions about how to use, clean or store the Equipment, including safety procedures and policies;
(e) only use the Equipment for personal use and for the purposes it has been designed for;
(f) prevent the Equipment from getting damaged (including but not limiting to: by not smoking around the Equipment, storing it in a safe area, using it for its intended purpose); and
(g) ensure that anyone who uses the Equipment on your behalf have the required qualifications and experience to use the Equipment.
2.2 You must let us know if you are harmed or injured while using the Equipment.
2.3 You must let your Approved Provider know if you require any changes to the Equipment or the Hire Period. You must also let your Approved provider know if you wish to return the Equipment at any time.
2.4 All information that you give to us must be true and accurate. If you give us false information, we may not be able to help you. We will not be liable if anything happens to you because you have not disclosed important information.
2.5 You must be polite and respectful to our staff. If you engage in rude, aggressive, dangerous or threatening behaviors we can stop providing you with the Equipment.
3. Collection, delivery and return of Equipment
3.1 If we have agreed that you will collect the Equipment, we will let you know a time and date and the location where you can collect the Equipment.
3.2 If we have agreed to deliver the location to you, you must let us know where we need to deliver the Equipment (Delivery Location). We will let you know a date and an approximate time when we will deliver the Equipment. We are not able to provide you with an exact time for the delivery.
3.3 You agree to return the Equipment to us/make the Equipment available for collection by us (as agreed between the Parties) in the Original Condition, at the return location and by the return time agreed between the Parties.
4. Access
4.1 You agree to provide us and our staff with reasonable access to any premises where the Equipment is located, and any other premises reasonably necessary for us to deal with the Equipment, free from harm or risk to health or safety:
(a) at the times and on the dates requested by us to enable us to exercise any rights we may have; and/or
(b) to enable us to comply with our obligations at law.
5. Condition of Equipment
5.1 You agree that it is your responsibility to decide whether the Equipment is suitable for you and your needs based on the advice you have received from the Approved Provider.
5.2 You must let us know within 48 hours of delivery of the Equipment if there is a fault with the Equipment of if it does not meet your needs. If you do not let us know that there is a fault with the Equipment or that it does not meet your needs, you agree that the Equipment has been delivered in good condition, clean, free from major damage or defect and fit for purpose (Original Condition).
6. Maintenance
6.1 You must let us know if there are any issues with the Equipment and only allow us to service or repair the Equipment.
6.2 You, or someone you know, must not attempt to repair or service the Equipment yourself.
6.3 You agree that you are responsible for the costs of any repair or replacement of the Equipment that is necessary as result of loss, theft, damage, vandalism, misuse or neglect to the Equipment during the Hire Period. Where we undertake the repairs or replacement on your behalf, you agree to pay us the costs of the repairs or replacement, as a debt due and immediately payable. You understand that you will likely have to pay these costs personally and your Approved Provider may not pay them.
7. How we handle the information you give us
7.1 You can find information on the way we handle personal information by reading our privacy policy on our website (Privacy Policy). If you want a copy, please let us know and our staff can email one or send you one in the post.
7.2 If you want us to discuss your needs with another person such as a family member, we will ask you to sign a form letting us know the person’s details. Unless we have your consent, we will not discuss your needs or the Equipment with a third person unless this is set out in our Privacy Policy or that third party is the Approved Provider.
8. Australian Consumer Law
8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Equipment by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights, nothing in this Agreement excludes those Consumer Law Rights.
8.2 Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services, including that the Equipment are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis, except where expressly set out in this Agreement.
8.3 This clause 8 will survive the termination or expiry of this Agreement.
9. Responsibilities and liabilities
9.1 We are responsible and committed to providing you with the Equipment.
9.2 We will not be liable for any injuries you may suffer when you are using the Equipment unless we are negligent.
9.3 You are responsible for any damage to property you cause (including to the Equipment).
9.4 This clause 9 will survive the termination or expiry of this Agreement.
10 Termination
10.1 By you: You can end the Hire Period at any time, by letting your Approved Provider know.
10.2 By us: We can tell you that we will no longer provide you with the Equipment by letting you know in your preferred manner and by giving you 14 days’ notice. This may be because our agreement with your Approved Provider has come to an end.
10.3 We can also stop providing you with the Equipment with no notice, if you have put our staff at risk or if your agreement with your Approved Provider ends.
10.4 Upon expiry or termination of this Agreement:
(a) we will immediately stop providing the Equipment to you; and
(b) you agree to let us access the premises where the Equipment is located so that we can collect the Equipment.
10.5 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.
10.6 This clause 10 will survive the termination or expiry of this Agreement.
11. Definitions
Accident means any incident or occurrence that results in the Equipment being damaged, lost or destroyed or any other vehicle, property, thing, animal or person being injured, killed, damaged, lost or destroyed (as applicable).
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Approved Provider means a provider that has been approved by the Aged Care Commission to deliver Australian Government subsidised home, residential or flexible care services to eligible older Australians.
Consumer Law Rights has the meaning given in clause 8.1.
Hire Period means the period of time that you are in possession of the Equipment, until the Agreement between us and the Approved provider ends or you decide you no longer need or want the Equipment.
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with the supply of the Equipment.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.