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Terms & Conditions

Copyright © 2024
Care 4 Services Pty Ltd

Terms & Conditions

Privacy Policy


1   Parties

     (a)  The Service Provider will, subject to these terms and 
           conditions, supply the Services (as described in the schedule)
           to the Customer during the term of this agreement, and in 
           accordance with these terms and conditions as amended from
           time to time by the Service Provider.

2   Quotations and orders

     (a)  Any quotation given by the Service Provider to the Customer is
           not an offer or obligation to provide service but an invitation to
           treat only. The Service Provider reserves the right to accept or
           reject any order it receives.

     (b)  A quotation is open for acceptance within the period stated in
           the quotation or within 30 days if no period is stated.

     (c)  Until the Service Provider accepts in writing an order submitted
           by the Customer, the Service Provider is not obliged to supply
           the Services so ordered to the Customer. The Service Provider
           reserves the right to refuse any order based on a quotation 
           within 7 days after receiving the order.

     (d)  If the Customer defaults under these terms and conditions, the 
           Service Provider may, without prejudice to the Service
           Provider’s rights under Clause 9, cancel, suspend or vary the 
           terms and conditions of any incomplete order that has been
           accepted by the Service Provider without notice to the
           Customer and without being liable to the Customer.

3   Term of agreement

     (a)  This agreement commences on the date specified in the
           schedule, and subject to earlier termination in accordance with
           Clause 8 or 9, remains in force:

           (i)  where a fixed term is specified in the schedule, until the
                termination date specified in the schedule;

           (ii)  where a minimum term is specified in the schedule, for the
                duration of such minimum term and after such time until it is
                terminated in accordance with Clause 3(a)(iii); 

           (iii)  where neither a fixed term nor a minimum term is specified
                 in the schedule, until it is terminated by either the Service
                 Provider or the Customer giving to the other one month’s 
                 written notice.

4   Charges

     (a)  The charges (“Charges”) for the Services are set out in the

     (b)  The Service Provider may revise the Charges from time to time
           by giving written notice of the revised Charges to the Customer.
           Such revised Charges will be payable by the Customer for the
           Services provided after the period commencing on the
           expiration of 30 days following the date of the written notice to
           the Customer.

     (c)  All charges include the Goods and Services Tax (GST).

5   Payment

     (a)  All invoices are payable 7 days from the date of invoice.

     (b)  Time is of the essence for all the Customer’s obligations.

     (c)  The Service Provider reserves the right to charge interest to
           the Customer on overdue accounts at the interest rate
           specified in the schedule.

     (d)  The customer agrees to pay the Service Provider any expenses
           (including legal costs) incurred in collecting outstanding debts
           due by the Customer to the Service Provider.

6   Limitation of liability

     (a)  To the maximum extent permitted by law, neither the Service
           Provider, nor its employees and agents, nor anyone else
           involved in supplying the Services is liable for any direct,
           indirect, incidental, special or consequential loss or damage
           arising out of the supply or use of the Services, failure to
           supply, inability to use the Services, or out of any breach of
           contract or warranty including breach of an essential term.

     (b)  Any condition or warranty implied in this agreement by
           legislation which avoids or prohibits the terms of an agreement
           from excluding or modifying the application or exercise of, or
           liability under such condition or warranty is deemed to be 
           included in this agreement subject to Clause 6 (c).

     (c)  The Service Provider’s liability for any breach of a condition or
           warranty implied in this agreement pursuant to Clause 6 (b) is 
           limited, in the absolute discretion of the Service Provider, to
           one or other of the following:

           (i)  supplying the Services again; or

           (ii)  paying the cost of having the Services supplied again;

     (d)  and does not extend to consequential loss or damage.

7   Warranties

     (a)  The Service Provider gives the warranties (if any) set out in the
           schedule regarding the supply of the Services. 

     (b)  For the purpose of making any claim for breach of warranty 
           under this clause, the Customer must:

           (i)  immediately upon becoming aware of circumstances giving
                rise to a claim under this clause, notify the Service Provider
                in writing setting out full particulars of the claim; 

           (ii)  allow the Service Provider, its employees and agents full and
                 free access to the place where the Services which are the
                 subject of the claim have been supplied for the purpose of
                 conducting such inspection and tests as the Service
                 Provider may in its absolute discretion consider necessary
                 to determine whether the claim is justified or not.

8   Force Majeure

     (a)  Neither party is liable for any delay or failure to perform its
          obligations other than the Customer’s obligation to pay the
          Charges pursuant to the terms of this agreement, if such delay
          or failure is due to Force Majeure.

     (b)  If a delay or failure by a party to perform its obligations due to
           Force Majeure exceeds 30 days, either party may immediately
           terminate this agreement by written notice to the other. 

     (c)  If this agreement is terminated pursuant to Clause 8 (b), the 
           Service Provider will refund any fees previously paid by the 
           Customer pursuant to this agreement for a Service or 
           Services which were not supplied by the Service Provider to 
           the Customer. 

     (d)  For the purpose of this clause “Force Majeure” means a
           circumstance beyond the reasonable control of the parties
           which results in a party being unable to observe or perform on
           time an obligation under this agreement. Such circumstances 
           include, without limitation, acts of God, acts of government,
           war or other hostility, national or international disaster, fire,
           explosion, power failure, equipment failure, strike or lockout,
           inability to obtain necessary supplies and any other Force
           Majeure occurrences.

9   Termination

     (a)  This agreement may be terminated at the option of either the
           Service Provider or the Customer without prior notice if:

           (i)  either party commits a material breach of its obligations
                under this agreement and fails or is unable to remedy such 
                breach within 14 days after receiving written notice from
                the other party requiring the breach to be remedied; or 

           (ii)  a receiver, receiver and manager, manager, official
                manager, administrator, provisional liquidator, liquidator or
                trustee in bankruptcy is appointed to all or any substantial
                part of the assets and undertakings of the Service Provider 
                or the Customer.

     (b)  The Service Provider will cease to provide the Services to the
           Customer upon termination of the agreement by either party.

     (c)  Termination of the agreement in accordance with this clause
           will be without prejudice to any accrued rights of either the
           Service Provider or the Customer under this agreement.

10   Waiver

       (a)  No waiver by the Service Provider of any breach of these 
            terms and conditions operates as a waiver of any other breach,
            and the doing and/or omission of any act, matter or thing
            whatsoever by the Service Provider, its employees or agents 
            (which but for this clause ought or might amount to a waiver 
            of the Service Provider’s rights in respect of any such breach  
            or default) does not operate as a waiver in any way of the  
            Service Provider’s rights and powers in respect of such   
            breach or default.

11   Notices

      (a)  Any notice required under this agreement must be in writing  
           and given by post, facsimile or hand to the Service Provider or 
           the Customer at the address set out in the schedule or at such 
           other address or facsimile number as is notified in writing by  
           one party to the other.

12   Governing law

       (a)  This contract is governed by the laws of the State specified in
             the schedule notwithstanding the place in which the Service  
             is supplied. The Customer and the Service Provider irrevocably
             submit to the exclusive jurisdiction of the Courts of that

13   Whole agreement

       (a)  These terms and conditions and any warranties implied by law
             which are not capable of being excluded or modified embody
             the whole agreement between the parties and, subject to  
             the express terms contained in any written order and written
             acceptance thereof (which will only apply to that particular 
             order), all previous negotiations, representations, warranties,
             arrangements and statements (if any), weather expressed or
             implied, including any collateral agreement or warranty,
             regarding the subject matter or the intentions of either of the
             parties are merged in these terms and conditions and
             otherwise are hereby excluded and cancelled. The customer
             acknowledges that It has not been induced to enter into this 
             agreement by any representation, advice or information given
             or made by or on behalf of the Service Provider.