PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH CAREFINDER.COM.AU OFFERS YOU USE OF ITS SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT BY MEANS OF [WWW.CAREFINDER.COM.AU] (THE "WEBSITE"). BY USING ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER FOR OR USE THIS WEBSITE.

This Agreement is made between you and Care Plus Home Care whose registered office is
PO Box 5175 Erina NSW 2250
ABN 71 546 916 874 ("Carefinder.com.au").
 
1 The Services    
1.1 By means of the Website, CareFinder.Com.Au makes available an on-line recruitment and employment information service, where recruiters/employers place advertisements for positions which they have available and if interested you may submit responses to such positions (the "Services").

1.2 Please note that when responding to recruiters/employers you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without CareFinder.Com.Au as a party and CareFinder.Com.Au cannot be held liable for your use of or any liability arising out of the same.

1.3 The Services are only available on the completion of the registration section of the Website.
   
2 Use of the Website and the Services
  The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by any Site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of CareFinder.Com.Au is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by CareFinder.Com.Au to do so.

2.1 You agree that:
  (a) you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm CareFinder.Com.Au's computer systems or any third party computer system; and
(b) you will keep your passwords relevant to the Website and/or the Services secure and not let them become public knowledge.
 
2.2 By registering to use the Services pursuant to clause [1.3], you automatically and hereby grant to CareFinder.Com.Au a royalty free right to display, make available on the Website and otherwise deal with as necessary to provide to you the Services any material which you may provide to CareFinder.Com.Au through your use of the Services.

2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Website and/or the Services is owned by CareFinder.Com.Au and/or its respective licensors.
 
2.4 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website , the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of CareFinder.Com.Au, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.  

2.5 CareFinder.Com.Au make no warranty that the contents of any and all e-mails communicated through The Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

2.6 The Website and/or the Services may include links to Website s and/or services owned and/or operated by third parties. These are provided for your convenience only and CareFinder.Com.Au is not responsible for and does not give any warranties or make any representations regarding any such Website s and/or services and is not responsible for or liable in relation to the content or your use of such Website s (save to the extent required by law).

2.7 In view of the vast flow of information transmitted by an Internet service provider and/or Website operator (as applicable) each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). CareFinder.Com.Au believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, CareFinder.Com.Au shall have the right to remove any items it believes may be illegal.

2.8 CareFinder.Com.Au will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although CareFinder.Com.Au reserves the right (but not the obligation) to monitor any such communications which are made by means of the Website and/or the Services. Notwithstanding the foregoing, CareFinder.Com.Au excludes insofar as it is possible to do so in law all liability to you concerning such communications and your dealings with third parties.

2.9 CareFinder.Com.Au is the owner of:  
(a) those trade mark(s) indicated as such throughout the Website from time to time; and
(b) all other trade marks used in the Website and/or the Service which are not licensed to it by any third party.

All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
 
2.10 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Website and/or the Services.  
   
3 Availability and Security of the Website and the Service     
3.1 Due to the nature of the Internet, CareFinder.Com.Au does not promise full and error free operation of the Website and/or the Services at all times. All liability of CareFinder.Com.Au, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.

3.2 CareFinder.Com.Au shall use reasonable endeavours to ensure that the Website , the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, CareFinder.Com.Au cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that CareFinder.Com.Au is unable to exclude such liability by law).
   
4 Registration
  Where you are asked to complete a CareFinder.Com.Au registration form the personal details that you provide must be true, accurate and complete .  
    
5 Data Protection and Use of Personal Information    
5.1 Information may be gathered from your registration form(s) and your use of the Website and/or the Services including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.  

5.2 CareFinder.Com.Au may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Website and/or the Services. Where it is lawful and necessary CareFinder.Com.Au may also monitor e-mails you send and receive.  

5.3 Your personal data will be collected and processed by CareFinder.Com.Au.. The personal data collected may include, without limitation, your name, address, telephone and fax details, email contact address, and other data obtained from you from time to time.

5.4 Other than as set out elsewhere in this clause 5, your information shall not be disclosed or used by us.  
   
6 Payment
  The Website and the Services are currently made available without charge to you by CareFinder.Com.Au. However, you are responsible for all telephone charges necessary to access and use the Website and the Services which are made available.  
   
7 Termination
  CareFinder.Com.Au may permanently terminate your access to the Services immediately for any reason.
   
8 Claims
  Where a claim is brought against CareFinder.Com.Au by a third party in relation to your use of the Website and/or the Services you agree to fully reimburse CareFinder.Com.Au and all companies within the CareFinder.Com.Au group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by CareFinder.Com.Au or companies within the CareFinder.Com.Au group in or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (except in cases where a court of competent jurisdiction holds that such a claim arose due to an act or omission of CareFinder.Com.Au).
   
9 Force Majeure
  Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
   
10 Notices
  Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
   
11 Assignment    
11.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without CareFinder.Com.Au's prior written consent.
11.2 CareFinder.Com.Au reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as CareFinder.Com.Au or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website .
   
12 No Waiver
  Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.  
   
13 Variation of Terms    
13.1 This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
13.2 CareFinder.Com.Au reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website . Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website , whichever occurs later.
   
14 Law and Jurisdiction
  Where the Website and/or the Services are accessed from Australia, or from outside Australia this Agreement shall be governed by the laws of Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.

15 Carefinder.com.au is only an introduction service, offering employers and caregivers the opportunity to meet.  By registering for the site, you acknowledge that there is no employment or agency relationship between the caregivers and carefinder.com.au, and carefinder.com.au is not responsible by law for any matters arising between the two parties, or any actions of either party before or after the interview process. 

Carefinder.com.au is not responsible for interviewing, screening, checking police checks, or verifying any information of the site members. It is the duty of each site member or employer to do this before employing a caregiver from this site.  It is also the duty of each site member to make sure they comply with their state and local legislation/requirements to work as or hire a caregiver from this site.

16.Carefinder.com.au reserves the right to refuse, edit, or remove any information it believes is inappropriate, false, or misleading.