1. About the Website

(a) Welcome to www.mccareconnect.com.au (the ‘Website’). The Website (the ‘Services’).
(b) The Website is operated by MC CARE CONNECT(ABN 14450637793). Access
to and use of the Website, or any of its associated Products or Services, is
provided by MC CARE CONNECT. Please read these terms and conditions (the
‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies
that you have read, understood and agree to be bound by the Terms. If you do
not agree with the Terms, you must cease usage of the Website, or any of
Services, immediately.
(c) MC CARE CONNECT reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When MC CARE CONNECT updates
the Terms, it will use reasonable endeavours to provide you with notice of
updates to the Terms. Any changes to the Terms take immediate effect from the
date of their publication. Before you continue, we recommend you keep a copy of
the Terms for your records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept
the Terms by clicking to accept or agree to the Terms where this option is
made available to you by MC CARE CONNECT in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through
the Website (the ‘Account’).
(b) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(c) You warrant that any information you give to MC CARE CONNECT in the
course of completing the registration process will always be accurate, correct
and up to date.
(d) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) You are not of legal age to form a binding contract with MC CARE CONNECT; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:
(i) You will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions;

(ii) You are solely responsible for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify MC CARE CONNECT of any unauthorised use of your password or email address
or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allow for
the sole use of the Website by you for the purposes of MC CARE CONNECT providing the Services;
(v) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed
or approved by the management of MC CARE CONNECT;
(vi) you will not use the Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by MC CARE CONNECT for any illegal or unauthorised use of the
Website; and
(viii) you acknowledge and agree that any automated use of the Website or
its Services is prohibited.

5. Payment

(a) Where the option is given to you, you may make payment for the Services (the
‘Services Fee’) by way of:
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
(b) All payments made during your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the
Services Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that MC CARE CONNECT can vary the Services
Fee at any time.

6. Refund Policy

MC CARE CONNECT will only provide you with a refund of the Services Fee in the event
they are unable to continue to provide the Services or if the manager of MC CARE
CONNECT makes a decision, at its absolute discretion, that it is reasonable to do so
under the circumstances (the ‘Refund’).

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of MC CARE
CONNECT are subject to copyright. The material on the Website 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 Website (including but not limited to text, graphics, logos, button icons,
video images, audio clips, Website code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by MC CARE CONNECT or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by MC CARE CONNECT, who grants to you a worldwide, non-
exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website according to the Terms;
(ii) copy and store the Website and the material contained in the Website
in your device’s cache memory; and

(iii) print pages from the Website for your own personal and non-
commercial use.
MC CARE CONNECT does not grant you any other rights whatsoever in
relation to the Website or the Services. All other rights are expressly reserved
by MC CARE CONNECT.
(c) MC CARE CONNECT retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain
name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing,
system or process),
to you.
(d) You may not, without the prior written permission of MC CARE CONNECT and
the permission of any other relevant rights owners: broadcast, republish, up-load
to a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Services or third party Services for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.

8. Privacy

(a) MC CARE CONNECT takes your privacy seriously and any information
provided through your use of the Website and/or Services are subject to MC CARE CONNECT’s Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) 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.
(b) 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) MC CARE CONNECT 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, according to a statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you “as”; and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MC CARE CONNECT make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MC CARE CONNECT) referred
to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website,
the Services, or any of its Services-related products (including third-party
material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any
of the products of MC CARE CONNECT; and
(iv) the Services or operation in respect to links which are provided for
your convenience.

10. Limitation of liability

(a) MC CARE CONNECT’s total liability arising out of or in connection with the
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
resupply of the Services to you.
(b) You expressly understand and agree that MC CARE CONNECT, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which
may be incurred by you, however caused and under any theory of liability. This
shall include, but is not limited to, any loss of profit (whether incurred directly or

Indirectly), any loss of goodwill or business reputation and any other
intangible loss.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by MC
CARE CONNECT as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing MC CARE CONNECT with notice of your intention to
terminate; and
(ii) closing your accounts for all of the services which you use, where
MC CARE CONNECT has made this option available to you.
In writing, your notice should be sent to MC CARE CONNECT via the ‘Contact Us link on our homepage.
(c) MC CARE CONNECT may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach
any provision;
(ii) MC CARE CONNECT is required to do so by law;
(iii) the provision of the Services to you by MC CARE CONNECT is, in
the opinion of MC CARE CONNECT, no longer commercially viable.
(d) Subject to applicable local laws, MC CARE CONNECT reserves the right to
discontinue or cancel your membership at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the
Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts MC CARE CONNECT’s name or
reputation or violates the rights of those of another party.

12. Indemnity

(a) You agree to indemnify MC CARE CONNECT, its affiliates, employees, agents,
contributors, third-party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or
transacting on the Website or attempt to do so; and/or
(iii) any breach of the Terms.

13. Dispute Resolution

(a) Compulsory:
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).
(b) Notice:
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.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 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, days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon the
selection of a mediator or request that an appropriate mediator be
appointed by the President of the 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 undertake 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 , Australia.
(d) Confidential:
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.
(e) Termination of Mediation:
If 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.

14. Venue and Jurisdiction

(a) The Services offered by MC CARE CONNECT is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to
the Website, you agree that the exclusive venue for resolving any dispute shall
be in the courts of NSW, Australia.

15. Governing Law

(a) The Terms are governed by the laws of NSW, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and according to the laws of NSW, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding
to the benefit of the parties and their successors and assigns.

16. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties have taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed, and the rest of the Terms
shall remain in force.