Version date: April 2019

1. Introduction

These are the Terms of Use (Terms) under which Wellways Australia Limited ABN 93 093 357 165 Pty Ltd (referred to as Wellways, we, our or us) permits users (referred to as you or your) to use and access the website located at https://coaching.carergateway.gov.au (Website), including using or accessing the services and the content and material contained in, or accessed through, the Website ( Information).

These Terms do not apply to:

You should be aware that when navigating away from the Website to a different subdomain of carergateway.gov.au (for instance, those services listed above, which are accessed at URLs in the format https://www.subdomain.carergateway.gov.au/) you are accessing different services, and therefore different terms of use will apply.

We are providing the services and Information on the Website as a contracted service provider to the Commonwealth Department of Social Services.

2. Acceptance and changes

By accessing, registering or otherwise using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access this Website.

We reserve the right to amend these Terms from time to time without giving specific notice to you. We will publish the amended Terms on the Website.

You should periodically review the Terms and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website following any such changes, you will be deemed to have accepted the changes to the Terms.

3. Content and availability

The content of this Website is provided for general information purposes only. While we have exercised due care in ensuring the accuracy of the Information contained on the Website, the Information is made available on the basis that Wellways is not providing professional advice on a particular matter and we do not specifically endorse any service provider, organisation, association, entity, service or program referred to in, or linked to the Website.

The Information on the Website may include the views or recommendations of third parties and does not necessarily reflect the views of Wellways, the Australian Government or indicate a commitment to a particular course of action.

We may, from time to time and without notice:

  • change, add to, or remove Website Content (as defined in clause 7 below) or functionality of the Website; and
  • cease, interrupt or withdraw access to the Website for any reason, including for upgrades and maintenance of the Website

4. Registration

If you wish to register to any of the services provided via the Website, you agree to provide accurate, current and complete information about yourself when completing your registration. We will use this information for the purpose of processing and managing your registration and in order to provide the relevant services and Information to you via the Website.

We may at our sole discretion and for any reason, suspend and/or cancel your registration to the Website or any of our services or Information.

When creating an account, you will be asked to choose a password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorised by you.

Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of the Website at any time, and must not disclose your account password to any third party.

You must notify us immediately if you suspect any unauthorised use of your account or access to your password.

5. Consumer Guarantees

In these Terms, Consumer Guarantees means any rights or guarantees you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

Nothing in these Terms limit, restrict, modify or exclude:

  • any rights or remedies you have under the Consumer Guarantees; or
  • any other rights or remedies that cannot be lawfully excluded by agreement of the parties

Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:

  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again,

unless:

  • the goods or services supplied are goods or services 'of a kind ordinarily acquired for personla, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law
  • it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
  • the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.

6. Liability and warranties

Subject to clause 5:

  • Wellways cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness, availability, suitability and/or interpretation of the information;
  • You must exercise your own judgement and carefully evaluate the accuracy, currency, completeness, relevance and suitability of the Information for your particular purposes, and you should obtain any appropriate professional advice relevant to your particular circumstances;
  • the Website, Information and associated services and functionality are provided "as is" and, by accessing the Website, you assume all risks asociated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any Linked Site.

Subject to clause 5, Wellways excludes:

  • any term, condition or warranty that may otherwise be implied into these Terms, including (but not limited to) any term, condition or warranty that:
    • the Website or any of its functions will be uninterrupted, available or error free;
    • defects will be corrected; or
    • the Website or any server that makes it available is free of errors, viruses or malicious code;
  • any liability for any injury, loss or damage (including property damage);
  • any liability due to any delay or unavailability of any part of the Website, any of its functionality or associated services;
  • any liability for loss or damage incurred as a result of or in connection with the negligence of Wellways; and
  • any liability for special, indirect or consequential loss however caused,

arising out of or in connection with the Website Information, the use or performance of this Website or services provided by Wellways in relation to or via this Website, whether such claims are based in contract, tort (including negligence), statute or otherwise.

7. Intellectual Property

All material on this Website, including the text, information, graphics, media content, logos, design, layout, downloads and services (Website Content) is owned by or licensed to Wellways.

You must only use Website Content for your personal use and you must not reproduce, transmit, adapt, distribute, sell, modify, publish or store any reproduce any such Website Content for any other purpose, except with the prior written consent of Wellways or the relevant owner of the Website Content.

In some cases, a third party may own the copyright or other intellectual property rights in the Website Content. Please refer to the copyright notices on third party Website Content for any specific use rights or restrictions that apply to certain materials on the Website

Trade marks used on Website to describe third parties and their products or services are trade marks of those third parties. You may not display or use in any manner any trademarks featured on the Website without the prior written permission of the trademark owner.

8. Linked Sites

The Website may contain links to external websites (Linked Sites). We take reasonable care in selecting Linked Sites but we have no control over and assume no responsibility or liability for the condition or content, or the operation or function of any service or facility offered on any Linked Site.

It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in Linked Sites. We do not endorse, approve or make any warranty or claim regarding any content, product and/or service on any Linked Site.

9. Privacy and cookies

When you access the Website, we may collect personal information about you. If you have any questions in relation to the use or treatment of your personal information or would like access to your personal information, please refer to our Privacy Policy.

By using the Website you acknowledge and agree to the Privacy Policy.

This Website may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.

It is recommended that you accept cookies to make full use of this Website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this Website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.

Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this Website to the fullest and optimum extent.

10. Use of the Website

You must:

  • ensure the accuracy, completeness and lawfulness of any information or material you share or upload to the Website or share with other users through the Website (including that you have any necessary consents of third parties to upload such information or material);
  • not use the Website in breach of any applicable laws or regulations;
  • not use the Website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
  • not use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
  • not frame or mirror any part of the Website without our written authorisation; and
  • not interfere with or disrupt the Website

You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the Website.

11. Governing Laws

These Terms are governed by and must be construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Melbourne in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

We make no representation or warranty that any information or material accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable local laws. You are not authorised to access the Website from any location where doing so would be illegal.

12. Contact Us

If you have questions about the Website, these Terms or otherwise have general enquiries, please contact us at:
email:       privacy@wellways.org
telephone:     1300 111 400
post:       PO Box 359, CLIFTON HILL VIC 3068