Terms of Service
TERMS OF SERVICE
This website is operated by CareCompare. Throughout the site, the terms “we”, “us” and “our” refer to CareCompare. CareCompare offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing a service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, prospective students, merchants, partners, government and statutory authorities and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. An employment, third party or contractor relationship with us does not void these terms of service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Articles written by third parties and copywriters are provided for general information only and should not be relied upon when making a purchasing decision. In all instances, users should contact CareCompare staff directly by emailing firstname.lastname@example.org to satisfy themselves that they have all the relevant information to form any decisions about our services.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website or by assessment only.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Please note, print quality can affect the appearance and intensity of colours. If you are unsure about the legitimacy and accuracy of any website brochure or document please email us on email@example.com
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services & pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time.
SECTION 5 OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your enrolment or enquiry).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state regulations, rules, laws, or local bylaws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
In no case shall CareCompare, our directors, officers, employees, affiliates, agents, contractors, third parties, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless CareCompare and our parent, subsidiaries, affiliates, partners, officers, directors, third parties, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service (or any information obtained through this website) shall not be construed against the drafting party or CareCompare.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 17 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Welcome to the CareCompare website or mobile properties, including related applications (collectively, this “Website“). This Website is provided solely to assist customers in gathering care information, posting opinions of care issues and searching for and booking care providers, and for no other purposes. The terms “we“, “us“, “our” and “CareCompare” refer to The DaV’ange Group Pty Ltd, and our corporate affiliates and websites (collectively, “CareCompare”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a CareCompare account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
CareCompare does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of CareCompare. To request permission, you may contact CareCompare as follows:
Director, Partnerships and Business Development
The DaV’ange Group Pty Ltd
PO Box 25
Woody Point, Qld 4019, Australia
Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where CareCompare provides details of charges on the Website, such information is provided by the relevant third party and displayed for convenience and information purposes only. CareCompare in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission;
- (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by CareCompare in connection with the Website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS\
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant CareCompare and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that CareCompare may choose to provide attribution of your comments or reviews at our discretion. You further grant CareCompare the right to pursue at law any person or entity that violates your or CareCompare’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
CareCompare does not edit or control the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums (collectively, “User Messages”), and will not be in any way responsible or liable for such User Messages. CareCompare nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of care experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If CareCompare provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any of securities exchange , including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CareCompare;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of CareCompare, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose CareCompare or its affiliates or its users to any harm or liability of any type.
CareCompare takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CareCompare liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CareCompare is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although CareCompare has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CareCompare reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you unconditionally and irrevocably consent to all or any acts or omissions by CareCompare or its licensees, successors and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content (b) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (c) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CareCompare or its licensees, successors and assigns; (d) to the maximum extent permitted by law, you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (e) you forever release CareCompare, and its licensees, successors and assigns, from any claims that you could otherwise assert against CareCompare by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH CARECOMPARE
Use of Instant Booking. CareCompare offers you the ability to search for, select, and book care with third-party suppliers without leaving the CareCompare site experience. By booking care providers facilitated by Instant Booking, you will become a CareCompare member if you are not one already. As a CareCompare member, you will be able to post care provider reviews, participate in discussion forums, email CareCompare content to yourself and to others, access and receive members-only newsletters and care providers planning content, and enter surveys, contests, or sweepstakes.
AS A USER OF THIS WEBSITE, INCLUDING INSTANT BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER CARECOMPARE NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH CARECOMPARE AND OTHER USERS.
In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation in accordance with the applicable cancellation conditions notified by the supplier.
Third-Party Suppliers. CareCompare is not a care providers agency and does not provide or own transportation services or accommodations. Although CareCompare displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers on Instant Booking and affiliate sites, such actions do not in any way imply, suggest, or constitute CareCompare’s sponsorship or approval of third-party suppliers, or any affiliation between CareCompare and third-party suppliers. Although CareCompare members may rate and review particular properties based on their own experiences, CareCompare does not endorse or recommend the products or services of any third-party suppliers. You agree that CareCompare is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
This Website may link you to supplier sites or other websites that CareCompare does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
Booking Care providers with Third-Party Suppliers Listed on Affiliate Sites. CareCompare and some of its affiliates act as marketplaces to allow care providers to enter into agreements with users(each, an “Advertiser”). As a user, you must be responsible for your use of this Website, our affiliate sites, and any transaction involving care providers facilitated by Instant Booking and/or listed on affiliate sites. We do not own, manage, or contract for any care provider listed on this Website or our affiliate sites.
Because neither CareCompare nor its affiliates are parties to rental transactions between care providers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition, safety or legality of a listed property, the accuracy of the listing content, the Advertiser’s ability to rent a care providerproperty, or your ability to pay for a care providerproperty, is solely the responsibility of each user. You understand and agree that you may be required to enter into a separate rental agreement with an Advertiser before making a reservation or purchasing a product or service, and such an agreement may place additional restrictions on your reservation, product or service.
Care providerPayment Terms
CARE PROVIDERS DESTINATIONS
International Care providers. When you book international care providers reservations with third-party suppliers or plan international trips using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your care providers documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. CareCompare accepts no liability for care providers who are refused entry onto a flight or into any country because of the care provider’s failure to carry the care providers documents required by any airline, authority, or country, including countries the care providers may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you care providers internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most care providers, including care providers to international destinations, is completed without incident, care providers to certain destinations may involve greater risk than others. CareCompare urges passengers to investigate and review care providers prohibitions, warnings, announcements and advisories issued by the Australian Government and destination country governments prior to booking care providers to international destinations. BY LISTING INFORMATION RELEVANT TO CARE PROVIDERS TO PARTICULAR INTERNATIONAL DESTINATIONS, CARECOMPARE DOES NOT REPRESENT OR WARRANT THAT CARE PROVIDERS TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM CARE PROVIDERS TO SUCH DESTINATIONS.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CARECOMPARE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. CARECOMPARE, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)”) DO NOT GUARANTEE THE ACCURACY OF, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, CARE PROVIDERPROPERTIES, AIR, CRUISE, CAR AND ANY OTHER CARE PROVIDERS PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR CARE PROVIDERPROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, CARECOMPARE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEROF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD). ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)DISCLAIM ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD), ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW CARECOMPARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARECOMPARE ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUE OR LIMIT CARECOMPARE’S LIABILITY FOR (I) DEATH OR PERSONAL INFURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
THE THIRD-PARTY SUPPLIERS PROVIDING HOTEL OR CARE PROVIDERPROPERTY INFORMATION, CARE PROVIDERS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD). THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL THE CARECOMPARE (THE DAV’ANGE GROUP PTY LTD)(OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CARECOMPARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
If the CareCompare (The DaV’ange Group Pty Ltd)are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the CareCompare (The DaV’ange Group Pty Ltd)’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to CareCompare for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (AUD $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the CareCompare (The DaV’ange Group Pty Ltd).
You agree to defend and indemnify CareCompare and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than CareCompare. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on CareCompare to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote CareCompare’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The CareCompare websites are controlled and operated by CareCompare from its offices in the Commonwealth of Massachusetts in the United States. CareCompare makes no representation that materials on the CareCompare websites are appropriate or available for use outside of the United States. Those who choose to access the CareCompare website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the CareCompare websites is further subject to United States export controls. No software from the CareCompare websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the CareCompare websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the CareCompare websites (“Software”) is the copyrighted work of CareCompare, or CareCompare affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by CareCompare and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES\
All contents of this Website are: ©2017 CareCompare. All rights reserved. CareCompare is not responsible for content on websites operated by parties other than CareCompare. CARECOMPARE, the owl logo, the ratings bubbles and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of CareCompare and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CareCompare or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CareCompare and may not be copied, imitated or used, in whole or in part, without the prior written permission of CareCompare. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CareCompare.
Notice and Take-Down Policy for illegal content
CareCompare operates on a “notice and takedown” basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Once this procedure has been followed CareCompare will make all reasonable endeavours to remove illegal content within a reasonable time.
CareCompare may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
CareCompare may change, suspend or discontinue any aspect of the CareCompare service at any time, including availability of any feature, database or content. CareCompare may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other CareCompare web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF CARECOMPARE NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against CareCompare arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but CareCompare, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
ADDITIONAL MOBILE LICENSES
Portions of CareCompare mobile software may use copyrighted material, the use of which CareCompare acknowledges. In addition, there are specific terms that apply to use of certain CareCompare mobile applications. Please visit the Mobile Licenses page for notices specific to CareCompare mobile applications.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and The DaV’ange Group Pty Ltd and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and CareCompare with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CareCompare with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions to which you signify your agreement will not be individually stored by CareCompare.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, visit our Help Center. Or, you can write to us at:
Questions about the Terms of Service should be sent to us at email@example.com.
Care Compare reserves the right to amend this Agreement (including the pricing set out in this contract) provided that we give you 28 days prior written notice. If you receive notice of any amendment(s) to this Agreement, you may terminate this Agreement by giving us written notice within 14 days of the amendment(s) taking effect. Failure to terminate within this period will constitute acceptance of the amendment(s).
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