Last updated: 15 June 2023
Thank you for using Central Care! These Terms of Service (“Terms”) govern your use of the Central Care services, including Central Care’s website, Central Care’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Central Care (collectively, the “Services”), and are entered into by you and Central Care Australia Pty Ltd (ABN 31 633 655 623) (“Central Care”). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Central Care’s Privacy Policy.
The Services comprise (but not limited to) a technology platform that allows you to order:
· Food and Groceries. You can browse different menus from different kitchens and select items to be delivered to you. The delivery services may be preformed by third parties, which may include independent contractors or third party logistic providers (collectively, “Third Party Providers”).
· Trade Services. You can submit a request for several different trades by describing the work to be done and uploading any relevant photos or documentation. The completion of this work may be performed by third parties (“Third Party Providers”).
· Home Services You can submit a request for several different home services by describing the work to be done and uploading any relevant photos or documentation. The completion of this work may be performed by third parties (“Third Party Providers”).
· Transport and Delivery. You can submit a request for personal transportation or parcel delivery. These services may be performed by third parties (“Third Party Providers”).
You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Central Care. You acknowledge that Central Care does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit unless otherwise instructed under NDIS Guidelines. You acknowledge that these Terms are to accompany the Service Agreement between you and Central Care.
1. FOOD AND GROCERIES
1.1. When you use the Services to place an order requesting food and or drinks from the selected kitchen, you authorise Central Care to arrange purchase of these goods on your behalf and delivery to your selected address.
1.2. Unless otherwise specified, you acknowledge and agree that Central Care and the Third Party Provider are collectively acting as your agents in the ordering, preparing, packing, and delivery of goods purchased by you and the Retailer / Kitchen —not the Third Party Provider and not Central Care—is the seller of the goods to you. You agree that your purchase is being made from the Retailer / Kitchen you have selected, that Retailer / Kitchen is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s / Kitchen’s store. Central Care takes no responsibility or guarantee that your goods will be in stock at your selected store. You agree that Central Care will obtain a credit card authorization for your credit card on file to cover any out of pocket expenses (i.e. raw ingredients costs) not covered under your NDIS plan.
1.3. Central Care may change the fees it charges for the Services, including but not limited to delivery fees and goods costs. Retailers / Kitchens set the prices of the goods that may differ from prices quoted on Central Care.
1.4. You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Central Care, Central Care does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
1.5. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
1.6. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing or promotional offers. Central Care reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
1.7. Cancellations – Refer to Service Agreement between you and Central Care for details on cancellations.
2. TRADE SERVICES
2.1. When you use the Services to request a Trade Service, you authorise Central Care to contact a Third Party Trade Provider on your behalf. Unless otherwise specified, you acknowledge and agree that Central Care and the Third Party Providers are collectively acting as your agents in providing the service.
2.2. Central Care may change the fees it charges for the Services.
2.3. You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Central Care, Central Care does not form any employment or agency relationship with you.
2.4. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.
2.5. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing or promotional offers. Central Care reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
2.6. Cancellations – Refer to Service Agreement between you and Central Care for details on cancellations.
3. HOME SERVICES
3.1. When you use the Services to request a Home Service, you authorise Central Care to contact a Third Party Home Service Provider on your behalf. Unless otherwise specified, you acknowledge and agree that Central Care and the Third Party Providers are collectively acting as your agents in providing the service.
3.2. Central Care may change the fees it charges for the Services.
3.3. You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Central Care, Central Care does not form any employment or agency relationship with you.
3.4. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.
3.5. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing or promotional offers. Central Care reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
3.6. Cancellations – Refer to Service Agreement between you and Central Care for details on cancellations.
4. TRANSPORT AND DELIVERY
4.1. When you use the Services to request a Transport or Delivery Service, you authorise Central Care to contact a Third Party Service Provider on your behalf. Unless otherwise specified, you acknowledge and agree that Central Care and the Third Party Providers are collectively acting as your agents in providing the service.
4.2. Central Care may change the fees it charges for the Services.
4.3. You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Central Care, Central Care does not form any employment or agency relationship with you.
4.4. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.
4.5. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing or promotional offers. Central Care reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
4.6. Prohibited Items –You may not access the Services to send any prohibited items (“Prohibited Items”). Prohibited Items include, but are not limited to:
· People;
· Illegal Items;
· Firearms, weapons, ammunition, and their parts’
· Alcohol;
· Highly perishavle food or beverages (e.g. raw meat or dairy products);
· Recreational drugs, drug paraphernalia, or tobacco products;
· Money, gift cards, lottery tickets, or transferable securities;
· Dangerous or hazardous items;
· Stolen goods;
· Fragile items;
· Sexual aids, obscene or pornographic material;
· Livestock, regulated species or animal parts, bloods, or fluids; or
· Any items for which you do not have permission to send. The above list of Prohibited Items is not exhaustive. Central Care retains the discretion to prohibit additional items that are not on the above list.
4.7. Package Restrictions –The package(s), together, per trip, may not be greater than 20 kilograms, and you may not have a total value greater than $100. You are responsible for preparing and securely closing and sealing the package(s) for safe delivery.
4.8. Cancellations – Refer to Service Agreement between you and Central Care for details on cancellations.
GENERAL TERMS
5. YOUR USE OF THE SERVICE
5.1. The website, app, Services and all the related products of Central Care are subject to copyright. The material on the Platforms is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platforms (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platforms, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Central Care or its contributors. Central Care grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Central Care’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Central Care’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Central Care provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
5.2. Some parts of the Services may allow you to upload or submit content (such as text, images or video). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Central Care a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Central Care may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
5.3. You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open-source licenses. In that case, the case of conflict between such a license and these Terms, the open-source license will control but only with respect to the software, or portion of the software, to which it applies.
5.4. If you are using Central Care Services for its intended purposes on behalf of a NDIS Participant, you represent and warrant that you have the necessary authority to bind that NDIS Participant to these Terms and that you are agreeing to these Terms on behalf of the NDIS Participant.
5.5. In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third Party Providers and Central Care personnel, including individuals who support Central Care’s Help Center. Central Care reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
5.6. We’re constantly modifying and improving the Services. Central Care may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Central Care with any feedback on or comments regarding the Services, you grant Central Care the right to use such feedback or comments for any purpose without restriction or payment to you.
5.7. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Central Care will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise
6. CENTRAL CARE COMMUNICATIONS
6.1. By creating an Central Care user account, you agree to accept and receive communications from Central Care or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Central Care. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Central Care, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. You may also opt-out of receiving text messages from Central Care by replying “STOP” from the mobile device receiving the messages.
6.2. If you use the Services to order a prescription drug product (where available), you understand and agree that a third party pharmacy and/or Central Care may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against Central Care, its affiliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.
7. DELIVERY AND SERVICE TIMES
7.1. Central Care and Third Party Providers endeavour to complete the Services within 2 hours for ASAP/Emergency or within a 2 hour window for a scheduled Services. Central care does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Central Care’s and Third Party Provider’s control that may result in early or delayed deliveries. You agree that Central Care and Third Party Providers shall not be liable for any deliveries made outside the expected delivery time frame.
8. DELVIERY OF PRESCRIPTION MEDICATIONS
8.1. In certain geographic areas, you may order prescription drug products through Central Care. You agree that Central Care is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. Central Care makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly.
8.2. You agree that, upon delivery of prescription drug products by a Third Party Provider, the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their age to the Third Party Provider delivering the prescription drug products, that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product ordered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.
8.3. You also agree that Central Care does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician- patient relationship exists between Central Care and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.
8.4. By using the Services to order a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption.
8.5. IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 000 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
9. THIRD PARTY PRODUCTS AND CONTENT
9.1. You agree that Central Care does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Central Care assume responsibility for your interactions with any Third Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Central Care will have no liability based on such purchase, use access, or engagement.
10. SERVICES PROVIDED AS-IS AND RELEASE OF CLAIMS
10.1. The services are provided “as is” and “as available.” Central Care disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In addition, Central Care makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by third party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free. Central care does not guarantee the quality, suitability, safety or ability of Third Party Providers, or retailers. You agree that the entire risk arising out of your use of the services, any services provided by third party providers, or any products requested by you or delivered to you, remains solely with you. The services, website, and software are subject to periodic changes, which may be made at any time and without notice to you.
10.2. Central Care does not guarantee that the services, website, and software will operate without errors or that the services, website, and software are free of computer viruses or other malware. You agree that Central Care will not be responsible for any economic costs relating to your use of the services, website, or software.
10.3. You agree that neither Central Care nor its affiliates, retailers, licensors, or suppliers is responsible for the fitness or conduct of any Third Party Provider or for any services provided by any third party provider. Neither Central Care nor its affiliates, retailers, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Third Party Provider.
10.4. If you have a dispute with one or more Third Party Providers, you agree to release Central Care (including Central Care’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
11. LIMITATIONS OF LIABILITY
11.1. In no event shall Central Care (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if Central Care or Central Care’s agents or representatives know or have been advised of the possibility of such damages.
11.2. In no event shall Central Care (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by third party providers, or any products requested by you or delivered to you, even if Central Care or Central Care’s agents or representatives know or have been advised of the possibility of such damages.
11.3. Central Care, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by third party providers, or any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you to Central Care during the past 12 months in connection with the services.
12. INDEMNIFICATION
12.1. You agree to defend, indemnify and hold harmless Central Care and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Central Care user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.
13. TERMINATION
13.1. If you have not yet signed a Service Agreement with Central Care, you can stop using the Services at any time and without notice to us. Similarly, Central Care may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. If you have already signed a Service Agreement with Central, please refer to item 5 for information about termination.
13.2. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Central Care have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14. DISPUTE RESOLUTION
14.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.2. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within All customers must raise their dispute during or upon receiving their order or completion of their delivery. Days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, Central Care will try and solve all disputes within a 10-14 day period however, the one raising the dispute can close the dispute case immediately (although records will be kept) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
14.3. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.4. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. CONTROLLING LAW
15.1. To the extent permitted by applicable law, these Terms will be governed by the laws of Australian states and territories, Queensland, Victoria, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory.
16. ENTIRE AGREEMENT & SEVERABILITY
16.1. These Terms, subject to any amendments, modifications, or additional agreements you enter into with Central Care, shall constitute the entire agreement between you and Central Care with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
17. NO WAIVER
17.1. Central Care’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
18. ASSIGNMENT
18.1. You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Central Care may assign its rights, licenses, and obligations under these Terms without limitation.
19. CHANGES TO TERMS
19.1. We may make changes to these Terms from time to time. When Central Care does so, Central care will post the most current version of the Terms on Central Care’s website and, if a revision to the Terms is material, Central Care will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
20. CONTACT DETAILS
20.1. If you have any questions, or comments about these Terms please contact Central Care at:
Support email address: support@centralcare.com.au
Website: www.centralcare.com.au