Terms and Conditions

Introduction

These terms and conditions govern your use of our Site (www.agedcarequickstart.com.au) which you are being granted the right to use. The Site provides concise information about residential aged care in Australia, including information about residential aged care facilities and about financial advisers whose profiles include specific training in aged care financial planning.

This Site is provided by Forum Online Pty. Ltd. (ACN: 603 397 726) (Company, we, us and our).

Use of our Site

Our Site is made available for your use only if you agree to comply with these terms and conditions. If you do not wish to comply with these terms and conditions, you should discontinue using our Site.

In order to use the Site as a user who submits content to the site, other than as a financial adviser, you must provide the following registration details: name, email and suburb/postcode.

In order to use the Site as a financial adviser, you must register as such by completing the sign-up form on our Site and completing a financial adviser professional profile. Furthermore, you must be and remain a currently licenced financial adviser, with your details listed in the ASIC Financial Advisers Register, comply with FASEA education and training requirements, have undertaken aged care financial advice training, and be a member of a financial planning industry association.

As the provision of residential aged care and of financial advice is regulated in many countries, this Site is designed for use by those who are citizens or residents of Australia.

Your Responsibilities

You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of our Site that occurs in conjunction with your email address and password.

You must comply with any acceptable use or other policy published by us on the Site.

You must not:

  • use a false email address, impersonate others or misrepresent your affiliation with others;
  • share your Site login details with any other person or use the login details of any other person to access the Site;
  • interrupt or attempt to negatively impact or alter the operation of the Site in any way;
  • use the Site or any of the materials made available through the Site in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials obtained from or made available through the Site, other than in accordance with these terms and conditions.

Our Responsibilities

We are responsible for ensuring that the Site is suitable for the purposes for which it is made available to you.

We will, to the best of our ability, ensure the Site is available for access at all times but are not responsible if you are not able to access the Site as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Hyperlinks

Our Site contains links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Intellectual Property

The copyright to all materials on the Site belongs to us or those who authorise to use it.

From time to time materials may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. Of course, you must only use the materials in accordance with those rights and subject to those restrictions.

Public web pages on our Site are those that all users of the Site can view, for example, Tips pages and Adviser Profile pages. You authorise us to edit, copy, publish, distribute, translate and otherwise use any content that you submit to the public web pages of our Site.

Confidentiality and Privacy

When you become a registered user of our Site you will be asked to provide some personal information. This information may be used by us and our contractors in connection with the Site.

While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the Site will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.

Our Privacy Policy explains how we deal with your personal information that you provide to us or of which we become aware.

Monitoring your use of the Site

We reserve the right to monitor your use of our Site for the purpose of ensuring that the Site is functioning as we intended and that you are complying with these terms and conditions.

Disclaimers

The information made available on this website is general in nature and does not constitute financial advice for you. It does not take into account your particular circumstances and should not be relied on by you.

If you want financial advice on which you can rely and which takes account of your objectives, financial situation and needs, it would be prudent to engage a licensed financial adviser. Forum Online Pty. Ltd., the operator of this website, does not hold an Australian Financial Services Licence and does not provide financial advice.

While we use our best endeavours to identify and verify the source of materials made available through the Site of which we are not the author, we cannot guarantee that material is correctly identified.

While we use our best endeavours to accurately process, describe, summarise, calculate, and report from sources of which we are not the author, we cannot guarantee that the results are error free and current. In particular, see the Note regarding Room Prices in the FAQ.

Any materials made available through the Site of which we are not the author are provided on an 'as is basis'. We are not responsible for verifying the originality of any such material nor your use of any such material.

We take all due care in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Site or any linked site.

Content that complies with our acceptable use policy may nevertheless contain material that states or implies criticism of alternative views, including your own. You accept that this is a necessary part of free flowing discussion.

To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Any user, who is a potential client of a residential aged care facility, should make their own enquiries and satisfy themselves as to the suitability of any such facility selected by them through this Site before committing to enter that facility.

Among its functions, this Site provides a facility for users who may require the services of a financial adviser, to identify potential financial advisers who may suit their needs and to enable those users to contact selected financial advisers.

We do not guarantee and are not responsible for the outcome of any engagement of a financial adviser identified through this Site.

Any user, who is a potential client of a financial adviser, should make their own enquiries and satisfy themselves as to the competency and suitability of any financial adviser selected by them through this Site before engaging that financial adviser to provide advice.

Any user, who is a financial adviser, should make their own enquiries and satisfy themselves as to the capacity of a client, who contacts them through this Site, to provide instructions and pay for advice provided before agreeing to provide services to that client.

Limitation of Liability

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of our Services again or payment of the costs of having our services supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of our Site.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of our Site.

We do not accept liability for any form of communication which originates with you and not with us.

Feedback

If you wish to make any comments (good or bad) about the Site please do so by sending an email to us by clicking on the 'Contact' link in the Menu.

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions at any time. If you use our Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination

Your right to use our Site will continue until it is terminated by the Company or you close your account.

We reserve the right to suspend or terminate your right to use of our Site if, at any time, you breach these terms and conditions.

Notices

Any notice we send to you will be emailed to the email address linked to your registration with our Site.

General

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

August 2024