Welcome to the Home Care Assistance website (the “Site”) which includes our mobile websites, mobile apps, blogs and website for programs like the Cognitive Therapeutic Method. This HCA Terms of Use Agreement (“Agreement”) sets forth the agreement between Home Care Assistance (“HCA”), HCA affiliated companies (together “We”, “Us”, or “Our”) and each user (“User”, “Your” or “You”) governing the use by you of the Site. Please read this agreement carefully and fully before using the Site.

By using the Site: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE.

The terms of use contained in this Agreement may change periodically and may be revised at any time and from time to time in our sole discretion by updating this posting. You should visit this page from time to time to review the current terms of use because they are binding on you. Your continued use of the Site means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only recourse is to cease using the Site. Certain provisions of the terms of use contained in this Agreement may be superseded by legal notices or terms located on particular pages of the Site.

Not Healthcare Advice

The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

Subject to applicable law, HCA will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information included or omitted from the Site.

Usage

By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. If you are under the age of 18, you are not permitted to use this Site.

Information on this Site may contain technical inaccuracies or typographical errors.  HCA may make updates, improvements and/or changes to the products, services or information described at any time and, in circumstances where it is permissible by law to do so, without notice.  HCA does not guarantee the accuracy or completeness of the information contained on the Site and you acknowledge that you have made your own enquiries before entering into any transaction on the basis of or in reliance of any content on the Site.

Copyright in the materials and all intellectual property (including trademarks) on this website is owned by HCA unless otherwise indicated.  You must not infringe any intellectual property rights owned by HCA.  You must not adapt, modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or otherwise use any content on the Site without HCA’s written consent unless you are authorised to do so under law or under this Agreement.

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way, for fraudulent purposes, in connection with any unlawful activity, to infringe any person’s privacy, or for any other unlawful purpose.  You must not use the Site for any commercial purpose.

Liability Disclaimer

The following provisions are subject to any implied condition, statutory guarantee, or warranty the exclusion, limiting or modification of which from or by a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of this agreement to be void (“Non-excludable conditions”).

YOU AGREE THAT THE USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. HCA AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “HCA ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HCA ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA THIRD PARTY LINK IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM HCA ENTITIES, THROUGH THE SITE SHALL CREATE ANY WARRANTY RELATING TO THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HCA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HCA ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.

WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall HCA be liable for any direct, indirect, incidental or consequential loss, damage or expense (irrespective of the manner in which it occurs, and whether based in contract, tort, strict liability or otherwise) which may be suffered in connection with your use of the site and/or the information or materials contained on it, the inaccessibility of the site, and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up- to-date.

In the case of breach of a Non Excludable Condition, HCA’s liability will be limited, at its option, to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, the services in respect of which the breach occurred.

General provisions

The laws of New South Wales will govern this Agreement and you irrevocably submit to the exclusive jurisdiction of New South Wales courts.