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Website Use and Legal Information

Website Terms of Use Overview

This Website Terms of Use document sets out the conditions governing your access to and use of the Happy Mates SupportCare Pty Ltd website, accessible at www.happymatessupportcare.com.au.

By accessing, browsing, or using this website in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any additional policies referenced within this document.

These Terms apply to all users of the Website, including visitors, clients, participants, carers, support coordinators, and any other individuals who access or interact with the Website or its content.

If you do not agree with these Terms, you must discontinue use of the Website immediately.

This website is intended to provide general information about our organization, services, and support. It may also provide access to resources, forms, updates, and other materials related to Happy Mates SupportCare Pty Ltd.

We may update or modify these Terms of Use at any time to reflect changes in legislation, operational requirements, or improvements to our services. Continued use of the website after any updates are published will constitute acceptance of the revised terms.

Ownership of Website Content and Intellectual Property

Happy Mates SupportCare Pty Ltd owns, or is licensed to use, all intellectual property rights relating to this website and its contents, unless otherwise stated. This includes, but is not limited to, our business name, logos, branding, graphics, photographs, videos, artwork, text, documents, publications, downloadable resources, website design, layouts, icons, software, and other materials made available through this website.

All content is protected by Australian copyright, trademark, and other applicable intellectual property laws. Nothing contained on this Website transfers ownership of any intellectual property rights to users.

You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use this Website for your personal, lawful, and non-commercial purposes. This licence allows you to view, download, or print website content solely for your own information or personal use.

Except where permitted by law or with the prior written consent of Happy Mates SupportCare, you must not:

  • copy, reproduce, modify, or adapt any Website content;
  • publish, distribute, or transmit Website materials;
  • sell, licence, or commercially exploit any part of the Website or its content;
  • remove or alter any copyright, trademark, or proprietary notices;
  • Use our intellectual property in any manner that may suggest endorsement, affiliation, or ownership without our express written permission.

Unauthorized use of any intellectual property belonging to Happy Mates SupportCare may result in legal action and other remedies available under Australian law.

Prohibited Uses of This Website

To ensure the safety, integrity, and proper functioning of the Happy Mates SupportCare Pty Ltd. website, users are strictly prohibited from engaging in any of the following activities without prior written permission from us.

You must not:

  • copy, reproduce, republish, or redistribute any material from this Website in any other form or on any other platform, including social media or third-party websites;
  • sell, lease, license, sublicense, or commercially exploit any content, resources, or materials obtained from this Website;
  • publicly display, perform, or broadcast any Website content for commercial or promotional purposes;
  • use this Website in any way that may damage, disrupt, or interfere with its performance, security, or availability;
  • attempt to restrict, disrupt, or impair other users from accessing or using the Website;
  • use this Website in any manner that violates applicable local, state, national, or international laws or regulations, or that may cause harm to individuals, organisations, or the Website itself;
  • engage in data mining, scraping, harvesting, automated data collection, or similar activities without our express written consent;
  • use this Website for unsolicited advertising, marketing, spam distribution, or promotion of third-party products or services; or
  • attempt to gain unauthorized access to any part of the website, server, or connected systems.

We reserve the right to restrict or terminate access to the Website immediately if we reasonably believe that any user has engaged in prohibited conduct or misuse of the Website.

These restrictions are in place to protect the website, our users, and the integrity of our services and to ensure a safe and reliable online environment for everyone.

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User-Submitted Content

From time to time, you may choose to submit or upload content to the Happy Mates SupportCare Pty Ltd. website. This may include, but is not limited to, text, photographs, images, videos, audio recordings, testimonials, reviews, comments, feedback, enquiries, completed forms, or any other materials (“User Content”).

By submitting User Content through our Website, you confirm and warrant that:

  • You own the content or have obtained all necessary rights, permissions, and consents to submit it;
  • The content is accurate, lawful, and does not contain false or misleading information;
  • the content does not infringe the intellectual property, privacy, confidentiality, or other legal rights of any person or organisation; and
  • The content is not defamatory, abusive, offensive, discriminatory, unlawful, or otherwise inappropriate.

By submitting User Content, you grant Happy Mates SupportCare Pty Ltd a non-exclusive, worldwide, royalty-free licence to use, reproduce, store, adapt, publish, display, and distribute the content solely for purposes related to the operation of our Website, service delivery, quality improvement, communications, or promotional activities, where appropriate and in accordance with applicable privacy laws and any consent provided.

Where user content contains personal information or identifiable images of individuals, Happy Mates SupportCare will manage and use that information in accordance with our privacy policy and applicable Australian privacy legislation.

Happy Mates SupportCare reserves the right, at its sole discretion and without prior notice, to review, refuse, edit, remove, or disable access to any User Content that is considered unlawful, inaccurate, misleading, offensive, inappropriate, or otherwise inconsistent with these terms, our organizational values, or applicable laws.

The submission of User Content does not transfer ownership of your intellectual property to Happy Mates SupportCare. You retain ownership of your content, subject to the licence granted under this policy.

Disclaimer of Warranties and Website Accuracy

This website is provided on an “as is” and “as available” basis. Happy Mates SupportCare Pty Ltd makes no guarantees, representations, or warranties of any kind, whether express or implied, regarding the operation, availability, reliability, or accuracy of this website or any of its content.

While we aim to ensure that all information published on this Website is current, accurate, and complete, we do not warrant or guarantee that the Website will always be free from errors, omissions, interruptions, delays, technical faults, or outdated information.

To the fullest extent permitted by law, Happy Mates SupportCare disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing contained on this Website should be interpreted as professional advice of any kind, including but not limited to legal, financial, medical, clinical, or therapeutic advice. Users should not rely solely on website content when making decisions and are encouraged to seek independent professional guidance where appropriate.

Use of this Website and reliance on any information provided is entirely at your own risk.

Limitation of Liability and Exclusions

To the fullest extent permitted by law, Happy Mates SupportCare Pty Ltd., including its directors, officers, employees, contractors, and representatives, will not be held liable for any loss, damage, cost, or expense arising out of, or in connection with, your access to or use of this Website.

This limitation of liability applies regardless of the legal basis of the claim, including but not limited to contract, tort (including negligence), statute, or any other legal theory.

Happy Mates SupportCare Pty Ltd is not responsible for any of the following:

  • indirect, incidental, consequential, or special damages;
  • loss of profits, revenue, data, goodwill, or business opportunities;
  • interruption of Website access or services;
  • errors, omissions, or inaccuracies in Website content;
  • reliance placed on information provided through the Website; or
  • damages resulting from viruses, malware, or other harmful digital components that may be transmitted through the website.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot be lawfully excluded.

Where liability cannot be excluded by law, it is limited to the minimum extent permitted.

 User Responsibility and Indemnity

By using this Website, you agree that you will be responsible for your own actions, conduct, and compliance with these Terms of Use.

You agree to fully indemnify, defend, and hold harmless Happy Mates SupportCare Pty Ltd., including its directors, employees, contractors, volunteers, and representatives, from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) that may arise directly or indirectly from the following:

  • your breach or alleged breach of these Terms of Use;
  • your misuse of the Website or its content;
  • your violation of any applicable laws or regulations;
  • your infringement of any third-party rights, including intellectual property or privacy rights; or
  • any content or material you submit, upload, or share through the Website.

This indemnity applies to the fullest extent permitted by law and will survive the termination or cessation of your use of this Website.

Nothing in this clause limits or excludes any rights you may have under Australian Consumer Law that cannot legally be waived.

Validity of These Terms

If any provision of this Website Use and Legal Information Policy is found by a court or other competent authority to be unlawful, invalid, or unenforceable under applicable legislation, that provision will, to the extent necessary, be severed from these terms without affecting the validity or enforceability of the remaining provisions.

All other provisions will continue in full force and effect and will remain binding on all users of this website. Where possible, any invalid or unenforceable provision will be interpreted in a manner that most closely reflects its original intent while complying with applicable laws.

Changes to This Policy 

Happy Mates SupportCare Pty Ltd. reserves the right to amend, update, or revise this Website Use and Legal Information Policy at any time to reflect changes in legislation, regulatory requirements, organizational practices, or improvements to our services and website.

Any updates will become effective immediately upon publication on this website unless otherwise stated. We encourage all visitors to review this policy periodically to ensure they remain informed of any changes.

Your continued access to or use of this website after any amendments have been published constitutes your acceptance of the revised policy. If you do not agree with any changes, you should discontinue using the website.

Where significant changes are made that materially affect users, Happy Mates SupportCare may, where appropriate, provide additional notice through the website or other suitable communication channels.

Assignment and Entire Agreement

Assignment of Rights and Obligations

Happy Mates SupportCare Pty Ltd may, at its sole discretion, assign, transfer, subcontract, or otherwise deal with any of its rights, obligations, or responsibilities under these Terms at any time without prior notice to users. This may include transfers to affiliated entities, service partners, or successor organizations.

By contrast, you are not permitted to assign, transfer, sublicense, or subcontract any of your rights or obligations under these Terms without obtaining prior written consent from Happy Mates SupportCare Pty Ltd. Any attempted assignment without such consent will be considered invalid.

Entire Agreement

These Terms of Use, together with any policies, notices, or additional documents expressly referenced within them, constitute the entire agreement between you and Happy Mates SupportCare Pty Ltd in relation to your access to and use of this Website.

They supersede all prior discussions, communications, representations, understandings, or agreements, whether written or verbal, relating to the subject matter of these Terms.

No reliance should be placed on any statement, representation, or promise not expressly set out in these Terms unless required by applicable law.

Any failure by Happy Mates SupportCare to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights under these Terms.

Applicable Law and Dispute Resolution

These Website Terms of Use are governed by and interpreted in accordance with the laws of the State of Western Australia and the Commonwealth of Australia.

By accessing and using this Website, you agree that any matter, claim, dispute, or legal proceeding arising out of or in connection with these Terms, or your use of the Website, will be subject to the applicable laws of Western Australia and Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and the federal courts of Australia for the resolution of any disputes. This means that while legal proceedings may be initiated in these courts, Happy Mates SupportCare Pty Ltd also reserves the right to pursue legal action in other jurisdictions where necessary or appropriate.

Where a dispute arises, both parties agree to first attempt to resolve the matter through good faith discussions before commencing formal legal proceedings, where it is reasonable and practicable to do so.

If any part of these Terms is found to be inconsistent with mandatory legal requirements, those requirements will prevail to the extent of the inconsistency.