Terms & Conditions

Terms and Conditions

Your access and use of this website constitutes your agreement to these Terms of Use.

This Website is the website and property of Guardian Nursing Agency Pty Ltd, and its related entities (GNA). This website is maintained by Guardian Nursing Agency Pty Ltd.

Terms of use

Your access and use of this Website is governed by these Terms of Use and the Privacy and Security Statement. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use and the Privacy and Security Statement.

Amendments to Terms of Use and Security Statement

We reserve the right to amend, update, remove, or revise our Terms of Use and Security Statement at any time, we encourage you to check these Terms of Use and Security Statement periodically for changes.  If any changes are unacceptable to you, you may cease access to or use of the Site. Continued use of this Website following such update will represent your agreement to be bound by these Terms of Use and Security Statement as amended.

Disclaimer

The information contained on this Website is for general information purposes only. You must not rely on any statement contained in this Website without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this Website, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result of, or your reliance on, any part of it.

We do not accept responsibility for any action, claim, demand, loss (including consequential loss) and/or cost (including legal cost) however caused (including through negligence and/or wilful misconduct) which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:

• this Website;
• any Linked (as defined below) website;
• information accessed at and/or through this Website and/or any Linked (as defined below) website, whether or not legal proceedings are instituted; and/or
• any virus or harmful code that may be introduced into your system by using this Website.
• Indemnity and Liability

Certain State and Commonwealth legislation imply warranties or conditions or impose obligations which cannot be excluded restricted or modified except to a limited extent. Guardian Nursing Agency do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.

You release and indemnify Guardian Nursing Agency and/or our related bodies corporate, officers, employees, agents and/or contractors against all actions, claims, demands, losses (including consequential losses) and/or costs (including legal costs) directly and/or indirectly suffered and/or incurred as a result of:

• a breach by you of these Terms of Use;
• your use of Links (as defined below) to our content; and
• your use of our content, whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner and/or nature of any settlement, compromise and/or determination.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Guardian Nursing Agency from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

• if the breach relates to goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and/or
• if the breach relates to services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

The information, descriptions of services, software products published on this site or linked website may include inaccuracies or typographical errors and we specifically disclaim any liability for such inaccuracies or errors.

We do not warrant or represent the content of the site as complete or up to date. We are under no obligation to update any content on the site. We may change the content of the site at any time without notice. We may make improvements or changes to the site at any time. You agree that we will not be liable, whether in contract, tort, strict liability or otherwise for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked website, or with the delay or inability to use the site or a linked website, even if we made you aware of the possibility of such damages.

We do not necessarily endorse all opinions or views expressed on this website, no liability is excepted for harm or offence caused by these opinions or views.

Responsibility for the content of advertisements appearing on the Website including Links (as defined below) to advertisers own websites rests solely with the advertisers.  The placement of advertisements does not constitute a recommendation and/or endorsement by Guardian Nursing Agency of the advertisers goods and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

This limitation on liability includes but is not limited to, the transmission of any viruses which may infect a users equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (eg, you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

We do not guarantee continuous, uninterrupted or secure access to the website.

You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including any loss of profits) in connection with:

a. the use of or access to, or any inability to use or access, the Website or any material on the Website;

b. unauthorized access to or alterations of your transmissions or data;

c. statements or conduct of any third party on the Website; or

d. any goods purchased through this Website.

Intellectual property rights

All intellectual property on this Website is owned by Guardian Nursing Agency and no part of this Website may be reproduced, stored, modified, adapted, uploaded to another location or produced for display in public in any form without our prior written approval.

Conduct

You must not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable laws and regulations and codes of conduct.

You agree not to:

a. use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;

b. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

c. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this Website;

d. impersonate any person or entity; or

e. upload, post, email, transmit or otherwise make available using this Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Guardian Nursing Agency retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Specific warnings

You will ensure that your access to the Website is not illegal and/or prohibited by laws which apply to you.

You will not provide Links (as defined below) to the Website from any website that contains content that:

• will subject Guardian Nursing Agency to an action for defamation, intellectual property rights infringement and/or a breach of any law; and/or
• is not in conformity with accepted standards of public decency and good taste.
• You will take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code and/or other forms of interference which may damage your computer system.

Linking

Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non-exclusive right to provide links, using any mechanism, from one location to another location on the internet (Links).

In consideration of being granted this linking right, you undertake:

• not to copy, reproduce, translate, adapt, vary and/or modify any information accessible via the Website (Material) without our express consent, except as expressly authorised by these Terms of Use;
• not to bring into disrepute Guardian Nursing Agency, our related bodies corporate, our goods, our services and/or our officers and/or employees;
• to use active Links to our Material;
• not to use:
• any Links that provide a link to a web page or internet location that is part of the Website other than a Link to the home page of the Website or the home page of a subsidiary website; and/or
• any method or mechanism of Linking, where it appears that the Linked Material is part of the website containing the Link and/or the Linked Material is not part of the Website where it was originally located;
• not to use any process by which a web page containing our Material will be returned in the search engine results when a search is conducted for a competitors brand and/or identity and vice versa in connection with our Material;
• to use our Material in the form in which it is provided;
• not to alter, amend, redraw, distort, animate and/or tamper with any of our Material in any way;
• to retain any copyright and/or trade mark symbols that appear in our Material;
• to supervise and control the use of our Material in accordance with these Terms of Use;
• to ensure your employees, contractors and/or other agents who have authorised access to our Material are made aware of these Terms of Use;
• not to use our Material in a manner that gives the impression and/or represents that any person, organisation and/or event is in any way related to, sponsored by and/or affiliated with Guardian Nursing Agency; and/or
• to comply, within a reasonable time, with any demand or request by Guardian Nursing Agency in relation to your use of our Material.
• The Website may contain Links to other websites.  Those Links are provided for convenience only and may not remain current or be maintained.

Links and other third party materials

Guardian Nursing Agency have no control over third party sites and/materials, and you acknowledge and agree that Guardian Nursing Agency is not responsible for the privacy practices and/or availability of such sites or resources, and that Guardian Nursing Agency does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources.

You further acknowledge and agree that Guardian Nursing Agency shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.

Our Links with Linked websites should not be construed as an endorsement, approval and/or recommendation by Guardian Nursing Agency of the owners and/or operators of those Linked websites, and/or of any information, graphics, materials, goods and/or services referred to and/or contained in those Linked websites, unless and to the extent stipulated to the contrary.

Termination of access

Access to this Website may be terminated at any time by Guardian Nursing Agency without notice.  Our disclaimer will nevertheless survive any such termination.

General

We accept no liability for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control.  If we waive any rights available to Guardian Nursing Agency under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will nevertheless continue in full force.

These terms will be governed by and construed in accordance with the laws of the State and territories of Australia.