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 Goods. Your Approved Provider will pay for the Goods, but to make sure we can deliver it to you, you have some responsibilities.
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Goods
1.1 We agree to provide the Goods to you in accordance with all applicable Laws and the agreement we have in place with your Approved Provider.
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What you must do
2.1 All information you provide to us or to the Approved Provider in relation to the supply of the Goods must be true and accurate.
2.2 You must be polite and respectful to our staff.
2.3 You agree to follow any reasonable requests or instructions (including any after-care manuals, instructions or policies) that we provide to you in connection with the Goods.
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Collection or delivery of the Goods
3.1 If we have agreed that you will collect the Goods, we will let you know a time and date and the location where you can collect the Goods.
3.2 If we have agreed to deliver the location to you, you must let us know where we need to deliver the Goods (Delivery Location). We will let you know a date and an approximate time when we will deliver the Goods. We are not able to provide you with an exact time for the delivery. You agree to provide us and our staff with reasonable access to the Delivery Location, free from harm or risk to health or safety to carry out the delivery.
3.3 You agree to make sure that we (and our staff) have safe and clear access to the Delivery Location. You must let us know of any hazards in or around the Delivery Location, including any access issues. You must take all reasonable steps required to allow for safe and easy delivery of the Goods.
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How we handle the information you give us
4.1 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.
4.2 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 Services with a third person unless this is set out in our Privacy Policy.
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Australian Consumer Law
5.1 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 Services and the hiring out of the Goods 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.
5.2 Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services, including that the Services and Goods 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.
5.3 This clause 5 will survive the termination or expiry of this Agreement.
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Responsibilities and liabilities
6.1 We are responsible and committed to providing you with the Goods.
6.2 We will not be liable for any injuries you may suffer when you are using the Goods unless we are negligent.
6.3 You are responsible for any damage to property you cause (including to the Goods).
6.4 This clause 6 will survive the termination or expiry of this Agreement.
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Definitions
7.1 In these Terms, unless the context otherwise requires:
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 5.1.
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 these Terms or the supply of Goods and Services.