Service FinderWebsite Terms and Conditions
Thank you for visiting our website. This website is owned and operated by ECH Inc. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘us’, ‘we’ and ‘our’ means ECH Inc and its successors and assigns.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Intellectual Property
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
Warranties and Disclaimers
The information on this website is general information only, and has not been prepared based on or with knowledge of your personal circumstances. You should seek your own professional advice before acting upon any information contained on this website.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.
ECH App Terms of Use
By accessing or using the ECH Client & Resident Application (ECH App), or by accepting, accessing, using, receiving any documents or materials prepared by ECH you agree to these Terms and ECH’s Privacy Policy (https://www.ech.asn.au/privacy-policy) (Privacy Policy).
ECH reserves the right to change these Terms at our discretion and without providing prior notice to you. Continued use of the ECH App by you constitutes your acknowledgement to be bound by the Terms as amended.
THE ECH APP IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL OR OTHER EMERGENCY, YOU SHOULD DIAL “000” IMMEDIATELY.
Definitions
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);
Client Profile means your profile on the ECH App for accessing and using the Services provided for by ECH;
Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);
Device means a mobile device or any other device on which you have accessed the ECH App;
ECH means ECH Inc ABN 32 930 142 652 and any subsidiary;
Material means information, data or materials contained in the ECH App;
Services means the various services made available to you through the ECH App pursuant to these Terms including but not limited to managing and booking home care services, accessing contact details for home care services, connecting with other ECH clients and providing a social network platform to share and view Material;
Terms means these terms of use; and
You means a client of ECH or authorised legal representative on behalf of such client who enters into these Terms with ECH, for the access and use of the Services through the ECH App.
App Distributors
The ECH App is available for download through the Apple App Store™ and/or Google Play™. In addition to the Terms, your access and use of the ECH App is also subject to Apple’s End User Licence Agreement (EULA) or Google Play Terms of Service, depending on your compatible Device. To the extent of any conflict between these Terms and Apple’s EULA or Google Play Terms of Service, these Terms will prevail.
Device and Software
You acknowledge that to use and access the ECH App it will require your Device, internet access and associated equipment to meet certain technical levels and have certain supported systems (System Requirements).
It is your responsibility to make certain you have the required System Requirements necessary for the ECH App and acknowledge these may change from time to time. ECH takes no responsibility for issues associated with or arising from your inability to access the ECH App or to receive the Services due to your Device or internet speed not meeting the System Requirements.
You further acknowledge that you may be charged by your relevant mobile network operator or internet service provider for any data or mobile connectivity used by the ECH App.
Privacy
ECH and the ECH App collects, stores, maintains and shares information about you in accordance with the Privacy Act 1988 (Cth) and ECH’s Privacy Policy. The ECH App will contain and store your time and place information but will not contain and store any of your medical or personal health information. All information and Materials, including your personal information, is stored within Australia at the ECH data centre.
Location Data
You may grant ECH to access, collect, and use your real-time geographic location of your Device, determined in accordance with your Device settings (Location Data) to allow the ECH App to provide you with any location-based Services. If you do not want ECH to access, collect or use your Location Data, you can disable this feature on your Device.
Using the ECH App
To create a Client Profile and to obtain access to the ECH App, you will be required to authenticate your Device by entering on the ECH App your valid mobile number or such other information as may be required from time to time to create a Client Profile (Authentication Data).
You are solely responsible for maintaining the confidentiality of your Authentication Data and you will be liable for all activities and transactions that occur through your Client Profile, whether initiated by you or any third party. ECH shall not be liable for any loss that you may incur as a result of someone else using your Authentication Data or Client Profile, whether with or without your knowledge. You agree to immediately notify ECH upon becoming aware of any unauthorised use of your Authentication Data or Client Profile.
There is currently no fee to create a Client Profile and to use the ECH App but you agree and acknowledge that ECH may recover costs through your client fees or through the funding provided by the Australian Government.
Bookings and Appointments
You must take all reasonable steps to attend any appointments you have booked on the ECH App (Appointments) or otherwise provide reasonable notice of cancellation of such Appointments. You acknowledge there may be cancellation fees if you cancel the booking within 24 hours of the Appointment time.
ECH makes no representation or warranty that an Appointment time is accurate and has no obligation to notify you if the Appointment time has been changed, rescheduled, cancelled, or if new Appointments have been scheduled. It is your responsibility to confirm your Appointments before the Appointment time and to contact ECH if you experience any issues with any of your Appointments.
Profile Content
ECH may permit you to upload data to your Client Profile such as post comments, images, and other content or to send messages to other client profiles (Profile Content) and you acknowledge and agree to receiving and viewing such Profile Content from other client profiles. You further acknowledge and agree that your Profile Content that is uploaded or sent on the ECH App will not be illegal, threatening, obscene, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise objectionable to third parties. You also agree that your Profile Content will not consist of any form of “spam” and will not contain any software viruses. ECH reserves the right to remove or edit such Profile Content, but ECH is under no obligation to do so and assumes no responsibility or liability arising from such Profile Content.
Material
The Material is for general information purposes and does not constitute advice. By accepting, accessing, using, receiving or reading the Material, you should not act on the basis of any of the Material without first obtaining advice specific to your own situation. The Internet is not a secure medium and communications to and from this ECH App may be intercepted or altered in transit. We do not warrant that the ECH App is free from inherent defects, errors or deficiencies, or the completeness or accuracy of any Material.
Intellectual Property
Unless otherwise stated the information, materials, licence, copyright and all other intellectual property rights contained in the ECH App are the sole property of ECH including but not limited to the ‘ECH’ name and logo, text, images, animations, sound recordings and/or software and the arrangement of them. Unless you have obtained prior written permission, you cannot reproduce, publish, license or alter any of the content found on the ECH App or in the Material.
While you may use the ECH App for your own personal use, no part of the ECH App or any Materials therein may (in any form by any electronic, mechanical, photocopying, recording or any other means) be reproduced, stored in a retrieval system or be broadcast, sold, transmitted or be made available to any third party without the prior written consent of ECH, which consent may be withheld in ECH’s absolute discretion.
Third-Party Services
The ECH App may include, display or make available third-party content (including information, data, applications and other product services) or provide links to third-party websites or services (Third Party Services). Except as indicated, we are not affiliated with, nor do we control, endorse, sponsor or approve of any such Third Party Services or provide any warranty or representations in respect of those Third Party Services. Your access and use of the Third Party Services will be subject to such third parties’ terms and conditions.
‘Cookies’
The ECH App may use ‘cookies’ to collect anonymous traffic data from use when you access the ECH App. The internet server may also automatically record details about any Device used to access the ECH App (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve the ECH App and the Services. Any other information supplied to ECH (for example if you send ECH an email or complete a form available on the ECH App) is treated in strict accordance with ECH’s Privacy Policy.
Feedback
ECH welcomes you to submit any ideas and/or suggestions regarding improvements or additions to the ECH App and Services on the ECH App or via ASK ECH 1300 275 324 or by email to ask@ech.asn.au (Feedback). By submitting the Feedback on the ECH App, you waive any and all rights in the Feedback and ECH will be free to implement and use the Feedback if desired, as provided by you or modified by ECH, without obtaining permission or licence from you or from any third party.
Your warranties and acknowledgements
By creating a Client Profile and using the ECH App, you warrant and represent that you are:
- legally capable of entering into binding contracts;
- have read and understood these Terms; and
- have not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by ECH or anyone on its behalf, or apparently on its behalf, in respect of its decision to access and use the ECH App other than those that are expressly contained in these Terms.
Limitation of Liability
Subject to the remainder of this clause 15, to the maximum extent permitted by law, ECH excludes completely all liability to any person for loss, damage, personal injury, death, disease or illness of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of the ECH App to access the Services. Where any law implies a warranty into these Terms which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at ECH’s option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
To the extent permitted by law, where ECH becomes liable to you in any manner for any breach of any condition or warranty expressed or implied in relation to the ECH App and its use, ECH’s liability will be limited, at ECH’s sole discretion to either:
- the supplying of the ECH App again; or
- the payment of the cost of having the ECH App supplied again.
If any action is brought by you against ECH, pursuant to Part 5.4 Division 1 of the Australian Consumer Law, ECH’s liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.
To the extent permitted by law, you release and indemnify ECH and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you and whether at common law, under tort (including (without limitation) negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of use of the ECH App or breach of the Terms by you.
To the extent permitted by law, ECH will have no liability to you however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms or any supply made pursuant to them.
Breaches
If ECH elects not to exercise any of its rights arising as a result of a breach of these Terms, that will not constitute a waiver of any rights of ECH relating to any subsequent or other breach. ECH will not be in breach of any contract with you where it results from any act, matter or thing beyond the reasonable control of ECH.
Severance
The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.
Jurisdiction
These Terms will be governed by, and interpreted in accordance with, the laws for the time being in force in South Australia and you submit to the non-exclusive jurisdiction of the Courts of, or exercising jurisdiction of, that State and waive any right you may have to claim that those Courts are an inconvenient forum.