Polly's Term of Platform Use

Terms & Conditions of Use POLLY

Last Updated: Friday 16th December 2022

Please read these terms and conditions carefully before using our platform and its associated services. By using any of our services, including browsing the platform, you represent that:

You have read, understand, and agree to be bound by these terms.
You have the capacity and authority to form a binding contract with Lottie.
Your use of the services is entirely voluntary.

If you do not agree to these terms, please do not use our platform and its associated services. Using the platform indicates that you accept these terms, regardless of whether or not you choose to register with us. These terms will survive any deactivation of your account.

You acknowledge and agree that the platform content is provided solely for your information only. The content should not be considered professional advice of any kind and should not be used as a substitute for advice and/or professional referrals based on clinical needs for the relevant care seeker.

In these terms, you will find information about:

The platform and its associated services
Your rights and responsibilities when using the platform
Our rights and responsibilities
Disclaimer of warranties and limitations of liability
Governing law and jurisdiction

These terms outline the rules for using our website pollyagecare.com.au and its associated services, including any password protected web pages hosted on pollyagecare.com.au (collectively referred to as the "Platform"). The following definitions and rules of interpretation apply in these terms:

"Care Partner" refers to an organisation that is registered on the Platform as a provider of care services. Care Partners enter into a Care Partner Services Agreement with us to receive introductions to provide care services to care seekers following the upload of their listings via the Platform.
"Care Seeker" refers to a user who is active and/or registered on the Platform with the intention of being introduced to providers of care services by Polly. In the context of receiving care services, a care seeker may be a different person than the user who is registered on the Platform to procure care services, including those users registered through the Seniorcare service at https://thankspolly.com/seniorcare/.
"Care Services" refers to the provision of nursing and/or personal care to elderly individuals in a residential care home setting, following an introduction arranged via the Platform or directly between the care seeker and care partner.
"Content" refers to all audio, video, data, graphs, maps, text, images, or other information made available by us to you through the Platform or other means. This may include content owned or controlled by third parties which we are permitted to make available to you through the Platform.
"Content Standards" refers to the standards outlined in clause 3.5 of these terms.
"Contributions" refers to any materials that you contribute to the Platform.
"Home" refers to the residential care home or homes from which a care partner may provide care services to a care seeker following an introduction.
"Interactive Services" refers to the services described in clause 3.4 of these terms.
"Introduction" refers to the introduction by Polly of a care seeker to a care partner for care services via the Platform at the care seeker's request.
"Listing" refers to an advertisement for a home on the Platform, including information about the availability of space and care services.
"Polly," "we," "our," or "us" refers to Polly AgeCare PTY LTD, a company incorporated and registered in Australia.
"Platform" refers to Polly's website at https://thankspolly.com and any related websites, applications, services, and mobile applications provided by Polly from time to time.
"Seniorcare" refers to the search services for homes made available to users through their employee benefits and/or rewards.
"Services" refers to the services made available by Polly via the Platform, including Seniorcare.
"Space" refers to the available care beds within a home.
"Terms" refers to these terms and conditions of use, together with any documents referred to in them.
"User," "you," or "your" refers to any individual who uses the Platform.

These terms outline the legal agreement between you and us for the use of our Platform, which includes accessing, browsing, or registering to use the Platform. When using the Platform, you must also comply with our Privacy and Cookies Policy, which outlines the terms for processing any personal data we collect from you or that you provide to us, along with information about the cookies on the Platform. By using the Platform, you consent to such processing and confirm that all data provided by you is accurate, current, and complete.
Care Partners must also comply at all times with the terms of the Care Partner Services Agreement entered into with us. By using and/or registering to use the Platform, you confirm that you accept all of the terms and conditions contained in these terms. If you do not agree to these terms, you must not use the Platform. You are solely responsible for all costs and expenses incurred in relation to your use of the Platform.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them. We do not guarantee that the Platform is appropriate or available for use in locations outside of Perth, Australia. We recommend that you store or print a copy of these terms for your records.
We strive to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details provided in clause 17. We may prevent or suspend your access to the Platform if you do not comply with these terms or any applicable law. Some sections of the Platform are viewable without registering with us, but to actively participate or store your information, you must register as a user.

3. You are only permitted to use the Platform for lawful purposes. You must not use the Platform if you are under the age of 18 or in any way that breaches any applicable local, national, or international law or regulation. You must also not use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You must not use the Platform to send or receive any material that does not comply with our content standards outlined in clause 3.5, or to interfere with any other user's use or enjoyment of the Platform.

You must not use the Platform to create, check, confirm, update, or amend your own or someone else's databases, records, directories, customer lists, mailing lists, or prospecting lists. You must not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). You must not transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. If you breach this provision, you will be committing a criminal offence under the Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. If you breach this provision, your right to use the Platform will immediately cease.

4. You agree not to reproduce, duplicate, copy, or re-sell any part of the Platform in contravention of these terms, and not to access, interfere with, damage, or disrupt any part of the Platform, any equipment or network on which the Platform is stored, any software used in the provision of the Platform, or any equipment or network or software owned or used by any third party without authority.

We may from time to time provide interactive services on the Platform, including, but not limited to, instant messaging, video calls, bulletin boards, discussion boards, and forums ("Interactive Services"). If we do provide any Interactive Service, we will provide clear information about the type of service offered, whether it is moderated, and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are not obligated to oversee, monitor, or moderate any Interactive Service we provide on the Platform, and we exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not. If we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator if a concern or difficulty arises.

5. The Content Standards apply to your Contributions and to any Interactive Services associated with them. You must comply with these standards in both the spirit and the letter. The standards apply to each part of any Contribution as well as to its entirety.

Your Contributions must:

Be accurate (where they state facts or detail the needs of a Care Seeker)
Be in English
Be genuinely held (where they state opinions)
Comply with applicable law in Australia and in any country from which they are posted

Your Contributions must not:

Contain any material that is defamatory of any person
Contain any material that is obscene, offensive, hateful, or inflammatory
Bully, insult, intimidate, or humiliate
Include material relating to child sexual abuse
Include or promote sexually explicit material
Include or promote material that includes content that is violent in nature
Promote or include material that relates to discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Infringe any copyright, database right, or trademark of any other person (legal or natural)
Be likely to deceive any person
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
Promote any illegal activity
Be in contempt of court
Be threatening, abusive, or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety
Be likely to harass, upset, embarrass, alarm, or annoy any other person
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
Give the impression that any materials you submit come from us, if this is not the case
Advocate, promote, or assist any unlawful act, such as (by way of example only) copyright infringement or computer misuse
Contain any advertising or promote any services or web links to other sites.

6. If you violate any of the terms in these Terms of Use, we reserve the right to suspend or terminate your access to the Platform. This includes any inappropriate or unlawful use of the Platform, as well as any failure to comply with the Content Standards. If we determine that a breach has occurred, we may take appropriate action, including but not limited to removing or blocking access to the offending content, issuing a warning, or terminating your access to the Platform. We will not be liable for any actions taken in response to a breach of these terms.

7. You may terminate these Terms at any time by deleting your account and ceasing use of the Platform. Upon termination for any reason, all rights granted to you under these Terms will cease and you must immediately stop using the Platform and certify to us that you have done so.

6. The purpose of these terms and conditions is to outline the rules for using our platform, pollyagecare.com.au, and its related websites, applications, services, and mobile applications. By using the platform, you agree to be bound by these terms and represent that you have read and understood them. If you do not agree to these terms, you should not use the platform. These terms apply to all users of the platform, including care partners (organisations registered on the platform as providers of care services) and care seekers (users who use the platform to find care services).

The platform allows users to search for care partners, schedule consultations, and arrange for care services. We may also provide interactive services such as instant messaging, video calls, and forums. We have established content standards to ensure that all contributions to the platform (including any materials you contribute) are accurate, respectful, and comply with applicable laws. We reserve the right to remove or block access to any content that does not meet these standards.

We may suspend or terminate your access to the platform if you do not comply with these terms or any applicable laws. If you breach any of these terms, we may take legal action against you and recover any costs or damages resulting from the breach. We may also terminate these terms at any time without notice. Upon termination, you must immediately stop using the platform and delete your account.

We do not guarantee that the platform will be available at all times or that it will be free from bugs or viruses. You are responsible for configuring your own technology and using your own anti-virus software to access the platform. If we need to suspend or close the platform, we will strive to keep any periods of unavailability to a minimum and will inform users.

7. Keep your account and password confidential. Do not disclose them to any third party or allow unauthorised access to the platform without written consent. We have the right to disable your account if you fail to comply with these terms. If you suspect someone else knows your account information, notify us immediately. We value your privacy and will process your personal data according to our privacy policy.

8. We own or hold a licence for all intellectual property rights in the platform and its content. These rights are protected by international laws. "Polly" is our trademark and use of any other trademarks on the platform or in the content is strictly prohibited without written consent. You may print or download extracts of the platform for personal use and draw attention to content within your organisation, but you may not distribute copies of the platform or use any content for commercial purposes without a licence. If you breach these terms, your right to use the platform will end and you must destroy any copies of the materials. We reserve the right to take legal action for any breach of this clause

9. We are not liable for death or injury caused by negligence or fraud, or any other liability that cannot be limited by Australian law. We are not liable for losses or damages caused by Care Partners or their failure to hold appropriate licences, certifications, and insurances. We are not liable for any losses or damages resulting from the use of our platform or any content on it, or from any dealings between Care Seekers and Care Providers. We are not responsible for the content of websites linked on our platform and will not be liable for any losses or damages arising from their use. The platform is for domestic and private use only and we are not liable for any loss of profit or business opportunities. Our maximum liability to you for any damages under these terms is limited to $100.

10. You may not transfer your rights or obligations under these terms or any contract related to an introduction. We may transfer our rights or obligations under these terms or any such contract.

11. You may link to our homepage in a fair and legal way that does not damage our reputation or take advantage of it. You must not imply any association, approval, or endorsement with us or link to the platform on a site not owned by you. The platform must not be framed on another site, and you may only link to the homepage. We reserve the right to withdraw linking permission at any time, and the platform you link to must comply with these terms. If you wish to use content on our platform for any other purpose, please contact us. This clause does not apply to Seniorcare.

12. Our platform may contain links to third-party sites and resources for your information only. We do not control these sites and resources and are not liable for them.

13. When uploading content to the platform or contacting other users, you must follow the Content Standards. You are responsible for ensuring that your contribution complies with these standards and will indemnify us for any losses or damages resulting from a breach of this warranty. We may also disclose your identity to third parties claiming that your content violates their intellectual property rights or privacy.

14. When you upload content to the platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, create derivative works, and display that content in connection with the service provided by the platform and across various media.

15. We will try to resolve any complaints or disputes with you quickly and efficiently. If a dispute cannot be resolved through our complaint handling process or you are unhappy with the outcome, you may use alternative dispute resolution (ADR) through CEDR. If you do not wish to use ADR or are unhappy with the outcome, you may bring court proceedings, subject to these terms. These terms and any disputes arising from them will be governed by Australian law.

16. For Polly queries, email hello@thankspolly.com. For Seniorcare queries, email seniorcare@thankspolly.com