Effective Date: 25th June 2024
Welcome to the ESE Care Pty Ltd website (the “Site”). These Terms and Conditions (“Terms”) govern your use of our Site and services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site.
1. Use of the Site
Eligibility
You must be at least 18 years old to use our Site. By using the Site, you represent and warrant that you meet this age requirement.
Permitted Use
You may use our Site for lawful purposes only. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate ESE Care Pty Ltd, a company employee, another user, or any other person or entity.
Account Security
If you create an account on our Site, you are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
2. Intellectual Property
Ownership
All content on our Site, including text, graphics, logos, images, and software, is the property of ESE Care Pty Ltd or its content suppliers and is protected by intellectual property laws.
License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.
Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy Here to understand our practices regarding your personal information.
4. Disclaimers
No Warranty
Our Site is provided on an “as is” and “as available” basis. ESE Care Pty Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, or materials included on the Site.
Limitation of Liability
To the fullest extent permitted by law, ESE Care Pty Ltd will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with your use of the Site. This includes, without limitation, any damages resulting from:
- Your use or inability to use the Site.
- Any errors, mistakes, or inaccuracies of content.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Site.
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Site by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site.
5. Indemnification
You agree to defend, indemnify, and hold harmless ESE Care Pty Ltd, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to:
- Your use of the Site’s content, services, and products other than as expressly authorized in these Terms.
- Your use of any information obtained from the Site.
- Your violation of any rights of another person or entity.
6. Modifications to the Site and Terms
Modifications to the Site
ESE Care Pty Ltd reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site or any service to which it connects, with or without notice and without liability to you.
Modifications to the Terms
We may update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.
7. Termination
We reserve the right to terminate or suspend your access to all or part of the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
8. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of South Australia without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in South Australia for the purpose of litigating all such claims or disputes.
9. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions will continue in full force and effect. If any invalid, illegal, or unenforceable provision would be valid, legal, and enforceable if some part of it were deleted, the provision will apply with the minimum modification necessary to make it valid, legal, and enforceable.
10. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ESE Care Pty Ltd regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
11. Contact Information
If you have any questions or comments about these Terms or the Site, please contact us here.
By using the Site, you acknowledge that you have read and understood these Terms and agree to be bound by them. Thank you for visiting ESE Care Pty Ltd’s website.
These Terms & Conditions were last updated on 25th June 2024.
