the use of the Application;
the content or material contained in the Application, accessed via links from the Application or that the Company provides to a User.
PERSONS UNDER THE AGE OF 18
The Application is not designed for access or use by persons under the age of 18 and the Company does not accept applications for User Accounts for persons under the age of 18. As such the Company does not provide the Application to any person under the age of 18 (Minor). If a User is a Minor the User should delete the Application.
THE SERVICE The Company operates the Application allowing Users to connect through the Application with individuals or businesses who provide services (hereinafter referred to as “Service Provider” which may or may not be registered users on the Application.
A Users use of the Application and any dispute arising out of such use of the Application is subject to the laws of New South Wales.
If the User is using the Application on behalf of any third party, the User hereby represents and warrants that the User is authorised to accept these Terms on such third-party’s behalf and that such third-party agrees to indemnify AssistNow for any violations of these Terms.
These Terms form a legal binding agreement between the Company and the User as the user of the Application (whether a Service Provider or someone seeking a Service Provider) (referred to as “the User”, “the User’s” or “User” hereinafter) and the Company.
Establishing an Account
Each User must create a personal User Account with AssistNow to be eligible to access and use the Application and access the Information. The User hereby acknowledges that their account is personal to them and the login credentials (including username and passwords for each User Account is confidential to the User. If the User suspects that their User Account has been compromised that User must notify the Company immediately and the Company may take whatever steps it deems necessary (without liability to the User) with respect to that User Account including suspending access to the Application or terminating these Terms and access to the Application. The User agrees to release the Company from all liability associated with the unauthorised use of the User Account.
The User must provide accurate, current and complete information when registering for a User Account.
All information that a Service Provider uploads onto the Application must be true and accurate and not misleading or deceptive in any way including but not limited to information about service locations, services provided, credentials, licenses, certificates and any other information uploaded on the Application.
Trademarks and Copyright
The trademarks, logos and service marks ("Marks") displayed on the Application are owned or licenced to AssistNow. No title or rights to any Marks passes to a User. Users are prohibited from using any Marks for any purpose without the written permission of AssistNow or such third party which may own the Marks.
All information and content including any software programs available on or through the Application ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Application other than in accordance with the Copyright Act 1968.
The Company respects the intellectual property rights of others and expects the Users to do the same. If any party is of the reasonable opinion that any Information has been copied in a way that constitutes copyright infringement under the Copyright Act 1968, then such party should comply with this clause.
To file a copyright infringement notice, a User must, by way of notice to the Company, advise the Company of the following:
The User’s name, address, telephone number, and email address.
A statement by the User, under penalty of perjury, that the above information in the User’s notice is accurate and that the User are the copyright owner or authorised to act on the copyright owner's behalf.
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by the User that the User have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
The exact URL or a description of where the alleged infringing material is located;
A description of the copyrighted work that the User claim has been infringed;???????
The Company will investigate the allegation and in its sole unfettered discretion make a determination as to whether it will uphold the complaint or not. The Company is under no obligation to communicate its findings or the reasoning behind its findings to the User who alleges a breach of intellectual property rights.
Credit and Fees
Credits.The User may be required to acquire ‘credits’ either individually (Pay-as-You-Go) or on a subscription basis to use certain services offered through the Application and/or all associated Services. The Company website specifies the Fees and associated Credits that a User may choose. Each subscription has its own level of access and number of Credits. In no event shall the Subscription Fee or the unused credits be refundable to the User.
Payment and Fees. Until the User pays all fees associated with a User Subscription, the User’s use of the Application is limited. Where a User agrees to the subscription the User must pay to the Company the associated fees for that subscription.
The Application is an intermediary platform and the Company is never a party to any agreement to buy services between a User and a Service Provider. The Service Provider is solely responsible for ensuring it is paid by a User if a User engages a Service Provider.
Credits are used when Users (either registered or unregistered users) clicks on a Service Provider’s link/s (Call, SMS, email and web site) or where a User clicks through to a Service Provider as part of any special promotion that may be established from time to time.
Credits purchased are valid for predetermined number of days as advertised on the Application. Unused credits expire at the conclusion of the validity days. In no event shall the unused credits be refundable or carry forward.
Usage of the Application and proprietary materials
The Company grants the User a personal, limited, non-exclusive, no transferrable license to use the Application. Users availing services from Service Providers shall use the Application for non-commercial use. The User may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or the Information.
AssistNow does not claim ownership of any content the User makes available through the Application. At AssistNow's sole discretion, such content may be included in the Application or associated Service in whole or in part or in a modified form. AssistNow reserves the right to reject or delete User content. With respect to such materials the User submit or make available for inclusion on the Application, the User grant AssistNow a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content (as well as use the name that the User submit in connection with such submitted content).
The User represents, warrant sand covenants that any content the User provides does not include anything (including, but not limited to, text, images, music or video) which the User does not own or have a licence to use. The Company takes no responsibility and assumes no liability for any submitted content posted or submitted by the User. The Company has no obligation to post the User’s comments; the Company reserves the right in its absolute discretion to determine which comments are published on the Application.
APPROPRIATE USAGE AND RESPONSIBILITIES
All Users’ are responsible for supplying the Company with accurate data at all times and modifying any User information immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the data.
No User shall use the Application for any fraudulent or inappropriate purposes and agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Application to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by the Company.
Users’ agree not to resell, reproduce or take advantage of any part of our Application by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary, appropriate, and lawful; including, but not limited to information relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
All Users’ agree not to engage in the following:
sell, resell, rent or lease any Information;
store, transmit infringing, libellous, unlawful, indirect material, or in violation of third-party privacy rights data;
store or transmit malicious codes;
interfere with the performance of the Application or any third-party data; or
try to gain unauthorized access to the Application, User accounts unauthorized to access, services or any related systems.
No harassment, discrimination, or abuse is tolerated within the Application. Any abuse complaints will be investigated and may be reported to the individual User’s local authorities, and charges may be brought against that User both civilly and criminally. We cooperate fully with law enforcement and will provide any and all records requested within the law or by court order.
Users’ agree not to do the following, but are not limited to only these conditions:
Engage in any type of activity that negatively affects the purpose or intention of the Application, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Application, in whole or in part, by, among other methods mentioned or not mentioned, these activities include:
Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Site.
Intentionally or unintentionally violate any applicable local, state, national or international law
Suspension and termination of Account or access to Application/Services
AssistNow will determine acting reasonably but at its discretion, whether there has been a breach of the Terms by User. If a User breaches these Terms, then AssistNow may, at its election:
Temporarily suspend or terminate the User’s right to use the Application.
Temporarily or permanently remove any content posted or material uploaded by the User to the Application.
Issuing a warning to the User with a notice that access to the Application may be suspended or terminated.
Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach where we suffe.
Representations by the User
The User hereby agrees and warrants the following:
AssistNow is a Platform.
AssistNow is a technology platform that aims to provide easy access to service providers. AssistNow does not refer or suggest Users to any specific service provider but will provide access to information uploaded by service providers about the service providers such as locations, accreditations, number of beds, specialisations etc. The Information is provided by the service providers, through commercial data services or publicly available services and the Application does not constitute and should not be considered as an endorsement or recommendation of the quality, qualifications or service level of any service provider.
The Information contained in, or accessed through, the Application is for a User’s general information and use only and is not intended to be used as medical advice.
Information we may provide or a Service Provider may provide may be used to assist a User to obtain appropriate services. No Information available to a User via the Application is a substitute for independent professional advice and should not be used as an alternative to professional health care.
You should also not disregard professional advice, or delay seeking it, because of any Information a User accesses on the Application.
AssistNow enables Users to search for Service Providers and facilitates communication between the Service Provider(s) and the Users to get information and obtain a quote from Service Providers. Each User should conduct their own research and comprehensive due diligence of any Service Provider prior to entering into a legally binding contract for the provision of Services. If the User elects to enter into a contract for the provision of Services from a Service Provider, AssistNow is not a party to such legal relationship and does not assume any responsibility, obligations or liabilities by the User using any service or obtaining a quote from a Service Provider.
The Application may show the User sponsored results, including at the top of search results (“Sponsored Results”). AssistNow may receive additional fees from Service Providers or other third parties for providing Sponsored Results. Sponsored Results shown through the Application are not, and should not be considered, an endorsement or recommendation by AssistNow of the Service Provider.
AssistNow does not provide medical advice. The Content that the User obtain or receive from AssistNow, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. While we hope the content is useful, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider, under any circumstance. Do not use the services for emergency medical needs. Nothing stated or posted on the Application or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional healthcare advice, or the provision of medical care.
Reviews, Feedback and Testimonials
AssistNow may ask Users and or third parties to provide reviews, feedback, or testimonials, (“Feedback”). Feedback should not be intentionally damaging, offensive or malicious. Users acknowledge that AssistNow does not moderate Feedback. Feedback may be used for internal purposes but could also be published on the Application. AssistNow reserves the right to remove Feedback if it reasonably believes that it breaches any of these Terms.
AssistNow makes no representations or warranties about the accuracy or effectiveness of a service provider’s services. AssistNow does not mediate disputes or investigate claims about a Service Provider’s services. All complaints by Users with respect to Services must be taken up with the Service Provider or a relevant authority All Users are responsible to ensure Feedback is accurate and not misleading. Feedback should not include any personal information that might result in a person being identified.
Links to Third Parties
As a matter of convenience to the User, AssistNow may provide links to various third -party websites on the Application. If the User clicks through and accesses any of these external websites, the User is free to navigate away from such website at any time.
If the User decides to visit any such website, the User agrees to do so at the User’s own risk, responsibility and liability. AssistNow makes no warranty or representation regarding, and does not endorse, any website linked to the Application or the information appearing thereon or any of the products or services described thereon. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
The Application and Services provided on the Application are provided on an "AS IS" and "AS AVAILABLE" basis. AssistNow expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
AssistNow makes no warranty, and expressly disclaims any obligation, that: (a) the Application content will be up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances; (b) the Application will meet the User’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Application or services offered through the Application will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained by the User through the Application will meet the User’s expectations; or (e) any interaction, commercial or otherwise, between the Users including Users that are Service Providers.
The Application content may contain inaccuracies and typographical errors. AssistNow does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum or other information displayed or distributed through the Application. The User acknowledges that any reliance on any such opinion, advice, statement, memorandum or information shall be at the User’s sole risk. AssistNow does not endorse or represent any partner or Service Provider listed on this Application.
In the event that you have any claim or action against any other User arising from that User’s use of our Application, you agree to pursue such claim or action independent of and without any demands from us, and you release us from all claims, liability and damages arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Site or the Services, including any breach by you of these Terms or any charges or complaints made by the other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our sole discretion.
Limitation of Liability
AssistNow (including its officers, directors, employees, representatives, affiliates, partners and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Application), or (ii) any use of the Application or content, or (iii) the performance or non-performance by us or any partner or service provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect the user’s computer equipment or other property as the result of the user’s access to the Application or the user’s downloading of any content from the Application.
AssistNow is not liable or responsible for any delay, default, failure, improper services / deficiency in service(s) provided by the Service Provider and / or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in service, of the management or employees of a Service Provider.
The User hereby agrees to defend, indemnify and hold harmless AssistNow (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) the User’s use of, or conduct in connection with, our Application; (b) any Feedback the User provides; (c) the User’s violation of these Terms; or (d) the User’s violation of any rights of any other person or entity.
If the User are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it
We shall have the right to suspend the Services and access to the Site or Course Portal and we shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
acts of god;
shortage of supplies, equipment, and materials;
strikes and lockouts;
computer hacking; or
Notice. By using the Application, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the website.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that.
For letters, the letter was properly addressed, stamped and placed in the post; and
For emails, the email was sent to the specified email address.
ENTIRE AGREEMENT These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Service.
We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
Assignment. The User may not assign or otherwise transfer the User’s rights or obligations under these Terms. AssistNow may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to the User. If we fail to act on the User’s breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
Entire Agreement. These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between AssistNow and the User relating to the User’s use of the Application, and replace any prior understandings or agreements (whether oral or written) regarding the User’s use of the Application.
Waiver. The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
Governing Law and Disputes.These Terms are governed by the laws of the State of New South Wales and the Australian Arbitration laws regardless of your physical location. Any dispute or difference whatsoever arising out of or in connection with these Terms shall be submitted to Arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules. Arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
Assignment: We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.
Severability. If any clause, sentence, paragraph or part of this agreement, or the application thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.
Headings.Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.