WE CARE STAFFING SOLUTIONS TERMS AND CONDITIONS
Welcome to the We Care Staffing (“Company,” “we,” or “us”) terms and conditions section. The terms and conditions, along with the documentation incorporated by reference (collectively, these “Terms of Service” or “Agreement”), apply to your access and use of the We Care Staffing application (“app’ or “Application”). This includes any content and service offered on the apps (“Products and Services”), regardless of whether you are a client user, or a staff user. The terms “you” and “your” refer to users of the Application (each a “User”). The app and underlying We Care Staffing Solutions platform connects (i) our employees/workers (generally nurses, support workers) (“Staff Users”) with (ii) carers, hospitals and clinics (“Clients”) by facilitating introductions and bookings between Staff Users and Clients, including by providing a directory of Staff Users on the Application. If you are a Client, you can use the app to make bookings for Staff Users. If you are a Staff User, you can use the app to manage bookings.
Users are requested to read the following Terms of Service carefully before they start to use the services.
Acceptance of the Terms of Service
a. By downloading, installing, accessing or using this Application, you acknowledge you
have read, understand and agree to be bound by these Terms of Service and our Privacy
Policy on our website. If you do not agree to these Terms you should uninstall and/or
cease to access and use this Application immediately.
b. These Products and Services are only offered and available to users who are 18 years of age or older and reside in Australia or any of its territories or possessions. By using our Products or Services, you warrant that you are of legal age, allowing you to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all or any of these requirements, you are prohibited from accessing or using the Products and Services.
c. By using app’ Products or Services, or by clicking to accepting or agreeing to the Terms of Service whenever the option is available to you, you accept that we may communicate with you via email solicitations, with regards to the products and services of third parties. Users have the ability to opt-out of any further email communication by following the opt-out procedure included the emails sent to you.
a. Access to the Application will require a User to register for an account (“Account”) If
you have a We Care Staffing Solutions platform account with us (“Platform Account”),
the Account will be linked to your Platform Account.
b. Basic information is required when registering for an Account. Each User is required to provide certain information including name, email address and password.
c. Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate any Account and a User’s access to the Application if any information provided to us proves to be inaccurate, not current or incomplete.
d. It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The User will change its password regularly.
e. The User will immediately notify us of any unauthorised use of its Account.
Changes to the Terms of Service
a. These Terms of Service may be updated from time to time at our sole discretion. All effective
changes apply immediately when we post them.
b. The continued use of the Products and Services after we revise the Terms of Service means that you accept and agree to the changes.
c. Users are requested to check this page periodically, so they are aware of any changes, as you are bound to them.
Accessing the Products and Services and Account Security
a. Subject to these Terms of Service, we grant the User a personal, non-exclusive, non-transferable,
limited and revocable licence to use the Application for your own personal and/or non-commercial use
only on a computer or mobile device owned or controlled by the User (“Device”) as permitted in
accordance with these Terms, and not to use the Application in any other way or for any other purpose,
apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
b. We reserve the right to withdraw or alter the Products and Services, and any service or content we provide in association with the Products and Services, in our sole discretion without notice. We are not liable for any instance where all or any part of the Product or Service is unavailable for any period. Periodically, access to some or all of the Products and Services may be restricted to users, including registered users for sensitive reasons.
c. As the user, you are hereby responsible for: (i). Arranging for access to the Products and Services on the app. (ii). Security of your passwords and sensitive app data.
e. Username, password or any other piece of information in our security procedure must be treated as confidential information, and must not be disclosed anywhere in any form. As the user, you must acknowledge that your account is for personal use and not allow any 3rd party to access the Products and Services using your identity or security information. You must notify us immediately of any unauthorized access to your account or any other security breach. Users must also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
f. We reserve the right to disable any account and its username, password, or other identifiers, at any time in our sole discretion, including the event where you have violated any provision of our terms and conditions.
Notice regarding Apple
a. To the extent that you are using or accessing our app on an iOS device, you further acknowledge and agree to
the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc.
(Apple), and Apple is not responsible for the Platform and any content available on the Platform.
b. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
c. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility
d. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
e. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
f. You agree to comply with any applicable third-party terms when using our mobile application.
g. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
h. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
User Information and Security
a. The Application may require the transmission of information provided by the User including User names and passwords,
addresses, e-mail addresses and financial information (such as credit card numbers) (“User Information”).
c. User Information is stored securely. If we are aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach.
d. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Application, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
e. The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the Application. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Intellectual Property Rights
a. We and our licensors own all intellectual property rights in and to the Products and Services, their content, features
and functions (including but not limited to all software information, text, images, video and audio, and the design,
selection and arrangement of the Products and Services).
b. Users are not permitted to reproduce, share, alter, or derive works of, display or perform publicly, republish, download, store or transmit any of the content of our Products or Services, with the exceptions of: (i). You may temporarily store copies of such materials in computer or device RAM, for personal perusal. (ii). Files that are automatically cached by your web browser for various purposes. (iii). Users are only allowed to invoke the functions that are bundled along with our associative social media content.
c. Users must not: (i). Use derivatives of content or sensitive information on the app. (ii). Use any graphical or audio sequences or any graphics separately from the app-accompanying content. (iii). Delete or alter any copyright, trademark or other proprietary rights information from content on the app.
d. You must not make the Products or Services available to a third party to use. Your right to use the app’ services is personal and may not be transferred, or sublet or rented-out, to any person. Printing, copying, modifying, downloading or otherwise use or access to any of the Products or Services breaches the Terms of Service and we may immediately terminate your right to use the Products and Services if you do so, in which event you must return or destroy the duplicated content. We do not release the right, title or interest in or to the Products, Services or any content in the app to you. All rights not expressly granted are reserved by the Company.
The ‘We Care Staffing’ name and all associated names, titles, logos, product and service name and information,
designs and promo-lines are our trademarks and our affiliates or licensors. Users must refrain from using them
without prior written permit from us.
a. The Products and Services must only be used for lawful purposes, in accordance with these Terms of Service.
You agree not to use the same as follows:
(i). In a fashion that violates the applicable federal law or state, local or international law or regulation (including, without limitation, the laws pertaining to transaction of data or information to and from the Australia or other countries).
(ii). For the intent of harm, exploitation or attempt to exploit or harm minors in any way by subjecting them to inappropriate content, asking for personally identifiable details or otherwise.
(iii). To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
(iv). To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
(v). Impersonation or attempts at impersonating the Company, or a Company representative, or another User or any other person or entity (including but not limited to misusing e-mail addresses, usernames, or any personal details associated, going forward).
(vi). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products or Services, or which, as determined by us, may harm the Company or Users of the Products or Services or expose them to liability.
(vii). To misuse any personal health data. viii. To provide medical advice, diagnoses or any other services that require any professional licensure, in any way by using the app.
b. Additionally, users must agree not to:
(i). Use the Products or Services in a fashion that could disable, overburden, damage, or impair the app or meddle with any other party’s use of the Products or Services; this includes the ability to engage in real time activities through the Products or Services.
(ii). Use any robots, crawlers or other automatic devices or processes to access the Products or Services for any purpose, including surveillance or copying information on the Products or Services.
(iii). Use any manual process to survey or duplicate the content on the Products or Services or for any other unsanctioned purpose without prior consent from us. iv. Employ any device, software or routine that meddles with the proper function of the Products or Services.
(v). Introduce any intrusive elements like viruses, worms, Trojan horses, logic bombs or other malicious content that may be technologically harmful.
(vi). Users are prohibited from unsanctioned access to, or interfere with, or damage any part of the Products or Services, or the app servers on which information is stored, or any server or database associated with the Products or Services.
(vii). Attack the app services via a denial-of-service attack or a distributed denial-of-service attacks.
(viii). waylay the proper function of the Products or Services.
a. Terms of Service for User Contributions
(i). The app may contain fields, forms and other interactive features (collectively, “Interactive Services”) that allow you to submit content on or through the app (“User Contributions”).
(ii). All User Contributions must comply with our Content Standards as set in these Terms of Service.
(iii). Any User Contribution you post to the app will is considered confidential. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assignees the right to use said information to provide you with our services.
b. You represent and sanction that:
(i). You enjoy ownership of your User Contributions and only you can grant the license to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(ii). All User Contributions do and must accede to these Terms of Service.
c. As the users must acknowledge that you are responsible for your User Contributions and enjoy full responsibility of the legality, reliability, accuracy, and appropriateness of the content. We Care Staffing is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted on the app.
User Contribution Monitoring and Enforcement; Termination
a. We Care Staffing reserves the right to:
(i). Remove or refuse any User Contributions for reasons in our sole discretion.
(ii). Take action on User Contributions that are deemed inappropriate in our sole discretion, including instances where the User Contribution violates the Terms of Service, Content Standards, and violates any intellectual property right or other rights of any person or entity, or if the content threatens the personal safety of users of the Products or Services, or the public, or could be a liability for the Company.
(iii). Disclose your identity to concerned authorities if any third party claims that the content posted by you violates their rights, including their intellectual property rights or their right to privacy.
(iv). Take legal action, including referral to law enforcement, for any illegal or unauthorized use of the Products or Services.
(v). Terminate your access to the Products or Services for any or no reason, for any violation of these Terms of Service.
b. We Care Staffing hold the right to fully cooperate with any law enforcement authorities or court order that requires us to disclose the identity of anyone posting any materials on or through the Products or Services in the app. USERS MUST WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
c. We do not review material before it is posted by users, and cannot guarantee prompt removal of objectionable content after it is posted. Therefore, we assume no responsibility for any action or inaction with respect to communications or content posted by any party. We bear no responsibility to any party for performance or non-performance of these mandates described in this section.
User Contribution Content Standards
a. These content standards are applicable to any and all User Contributions and use of the app’ services. User Contributions
must be in compliance with all applicable federal, state, local and international laws and regulations. Without limiting the
foregoing, User Contributions must not:
(i). Comprise of content which is defamatory, obscene, abusive, offensive, violent, hateful, triggering or objectionable in any form.
(ii). Share sexually explicit or pornographic content, violence, or bias on racial, sexual, faith, nationality, disability, sexual orientation or age
(iii). Violate any copyright patent, trademark, trade secret, or other intellectual property or any other rights of any other person.
(v). Be a source of deception.
(vi). Promote illegal activity or promote lawlessness of any variety.
(vii). Cause chagrin, needless anxiety, upset, embarrass, or alarm or annoy any other person or entity.
(viii). Impersonate any entity, or misrepresent ones identity and/or affiliation with any party.
(ix). Promote commercial actions, sales, contests, sweepstakes, and other business promotions, exchange or advertisement.
(x). Bear any passing resemblance to We Care Staffing or any other entity.
(xi). Publicise any personal health information. (xii). Publicise any 3rd party medical advice, qualified or unqualified diagnoses or any service that requires any commercial licensure.
Copyright Infringement Policy
a. We stand solemn with our copyright infringement policies.
b. We directly respond to notices related to alleged copyright infringement in accordance with the Online Copyright Infringement Acts and laws applicable in Australia.
Reliance on Information Posted
a. The information that users glean from our Products and Services is solely meant for general information sharing. We do not
guarantee the accuracy, completeness or value of such information. Any reliance users place on the same is strictly at their own discretion.
We disclaim any liability or responsibility that arises from user reliance on the content, Products and Services, or by any
entity who claims to the app data to be their source.
b. The app Products and Services might include content supplied by third parties, including content from other users, third-party licensors, aggregators, syndicators, and reporting agencies. All such statements and opinions, and all articles and replies to queries, other than the content provided by We Care Staffing, are solely the opinions of the aforementioned parties.
c. We Care Staffing is not responsible or liable to users or any third party, for the content or accuracy of the same, that is provided by any third parties.
Changes to the Products and Services
a. The content of the Products and Services periodically; their content may not necessarily be complete or up-to-date.
b. Any of the material included in the Products and Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You
Linking and Social Media Features
a. Users may use any link to WeCareStaffing.com homepage; provided they do so in a manner that is within
legal purview and does not violate We Care Staffing reputation or take abuse its goodwill;
b. Users must not establish a link in any manner that suggests any form of association, approval or endorsement on behalf of We Care Staffing without our express written permit.
c. The Products and Services provide linkage to specific social media features that enable users to:
(i). Link from their own profile on the same third-party websites.
(ii). Send electronic mail or any other communication with content, or links to specific content.
(iii). Cause abridged versions of content to appear on our own or certain third-party websites.
d. Users may use these social media functions provided by We Care Staffing and be in accordance with terms and conditions we provide with respect to such features. Users must not:
(i). Establish links from 3rd party websites that are not owned by them, or hold any commercial value.
(ii). Cause the Products or Services or portions of the same to be displayed, or appear to be displayed, or framed, or deep-linked or in-line linked, on another site.
(iii). Provide links to any part of the Products or Services besides the We Care Staffing homepage or designated sign-in pages.
e. Third party website content must comply in all aspect with the Content Standards as per the Terms of Service.
f. Users must agree to cooperate with us in curbing any unsanctioned framing or linking. We reserve the right to withdraw linking permission without notice.
g. We may disable all or any social media features and any links at any time without notice in our discretion.
a. The Products and Services in the app are for Australian users. We supply Products and Services for use only Australian users.
b. Access to Products and Services may not be legal in other countries. Access to the Products and Services from outside Australia, should be at user discretion.
a. Certain legislation including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth) and similar
consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision
of services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).
b. If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. You are entitled to a replacement or refund for a major failure and for compensation for any reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and that failure does not amount to a major failure. To the extent we are unable to exclude liability, our total liability for all loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.”
c. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
d. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Disclaimer of Warranties & Limitation of Liability
a. We Care Staffing ensures that the app is not targeted by malicious code; however, users must accept that we do not
guarantee or warrant that the app download shall be free of viruses or other destructive code available over a
third party network. Users are responsible for countermeasures and anti-virus protection to prevent any malicious
elements from entering your device when you download the app over a third party network.
b. WE ARE NOT LIABLE FOR THE LOSS OR DAMAGE BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK OR OTHER TECHNICAL DAMAGE CONTENT THAT MAY INFECT YOUR DEVICE.
c. WE CARE STAFFING DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE 24/7. WE CARE STAFFING IS NOT LIABLE FOR PROBLEMS CAUSED BY USER’S OR SUBSCRIBER’S HARDWARE OR SOFTWARE; USER OR SUBSCRIBER IS SOLELY RESPONSIBLE FOR THE WELLBEING OF THE DEIVCE.
d. WE CARE STAFFING IS NOT LIABLE UNDER ANY CONTRACT, STRICT LIABILITY, TORT, STATUTE OR OTHER LEGAL THEORY, FOR ANY EXEMPLARY, INDIRECT OR CONSEQUENTIAL COSTS OR DAMAGES, OR LOSS OF PRODUCTION, LOST PROFITS, LOSS OF DATA, OR LITIGATION COSTS ARISING OUT OF TO THE SUBJECT MATTER OF THIS AGREEMENT.
e. WE CARE STAFFING DISCLAIMS RESPONSIBILITY OF INACCURATE CREDENTIALS, OBSOLETE, OR MISSING STAFF OR PERSONAL INFORMATION.
To the fullest extent as permitted under applicable law, users must agree to defend, indemnify and hold harmless us, our
affiliates, licensors and service providers, and their employees, contractors, agents, , suppliers, licensors,
successors against any claims, liabilities, damages, judgments, awards, losses, fees or expenses (including
attorneys’ fees) relating to the use of Products or Services, including, but not limited to User Contributions,
and use of the Products or Services content and related products and services other than as expressly authorized
in these Terms of Service.
You may terminate your app Account by deleting the App. It will not affect your We Care Solutions Platform
Account with us.
Waiver and Severability
a. The failure of us to enforce any of the Terms of Service may not be constituted as a waiver of sorts in any
way or any form.
b. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
Entire Agreement; Conflict
In respect of the subject matter of the Terms of Service, the Terms of Service contain the entire understanding
between the Parties. Any previous oral and written communications, representations, warranties or commitments are
superseded by the Terms of Service and do not affect the interpretation or meaning of the Terms of Service and
each of the Parties has relied entirely on its own enquiries before entering into the Terms.