Service Terms and Conditions of Use
1. About the Services
1.1. RAMPART CONSULTING PTY LTD (ACN 626 705048) (Rampart Consulting) is the sole proprietor of
the business name “Family Sure” and all associated intellectual property, related to the operation, branding, and services of “Family Sure”.
1.2. LE SHIELD PTY LTD (ACN 687 548 509) (Family Sure, We or Us) holds an exclusive licence to intellectual property and brand related to “Family
Sure” granted by Rampart Consulting.
1.3. Family Sure operates a subscription-based well-being monitoring service for families and loved ones (Services), aimed at supplementing the wellbeing
of elderly or vulnerable individuals who typically live
alone (Participants).
1.4. The Services include access to and use of:
(a) the Services;
(b)any of Family Sure’s associated products or additional services; and/or
(c) the Company’s website via the domain https://familysure.com.au/ (including all of the files located in that domain and/or any other such website that may supersede it in the future) (the Website).
(a) the Services;
(b)any of Family Sure’s associated products or additional services; and/or
(c) the Company’s website via the domain https://familysure.com.au/ (including all of the files located in that domain and/or any other such website that may supersede it in the future) (the Website).
1.5. We have provided you (the Member / you) with a document headed “Services Proposal” or similar
(Services Proposal) setting out the scope of the
Services and costs associated with the Services
(Subscription) to be provided to you and your
nominated Participant.
1.6. Please read these terms and conditions (Terms)
carefully. Your acceptance of the Services Proposal
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 use of any of the
Services immediately.
1.7. Family Sure may review and propose changes to
these Terms from time to time. Any proposed
changes to the Terms will be communicated to you
in writing with reasonable advance notice and will
not take effect until at least 14 days after such
notice is provided, unless a longer period is
required by law. If the proposed changes are
material or affect your rights or obligations under
these Terms, your continued use of the Services
after the effective date of the changes will constitute
your acceptance of the amended Terms. If you do
not agree to the amended Terms, you may
terminate your subscription in accordance with
clause 14.2 before the changes take effect, and you
will be entitled to a pro-rata refund of any prepaid
fees for the unused portion of your Subscription
Period. Nothing in this clause limits your rights
under the Australian Consumer Law, and any
variation of these Terms will not exclude, restrict or
modify any consumer guarantees or rights that cannot be excluded by law.
2. Acceptance of the Terms
2.1. You accept the Terms and/or Services Proposal by:
(a) Engaging us for the Services;
(b) Making any payment in relation to the Services;
(c) Accepting receipt of the Services; and/or
(d) Clicking to accept or agree to the Terms where this option is made available to you by Family Sure in
the interface of the Services Proposal.
2.2. In accepting the Services Proposal, you acknowledge and agree that it is your responsibility to ensure that the Subscription contained which you elect to purchase is suitable for your use.
2.2. In accepting the Services Proposal, you acknowledge and agree that it is your responsibility to ensure that the Subscription contained which you elect to purchase is suitable for your use.
3. Services
3.1. The Services include scheduled welfare check calls
(Welfare Calls) which generally:
(a) are conducted by Family Sure’s trained staff;
(b) reasonably last up to 20 minutes per call, and
otherwise at the Participant’s discretion;
(c) include conversational assessment of the
Participant’s physical, emotional, and social wellbeing;
(d) may provide general conversation, reminders, or guidance as appropriate; and
(e)
are scheduled at regular intervals as agreed
between you and Family Sure, subject to
your chosen subscription model.
3.2. When you engage Family Sure for their Services, you agree to schedule a three-way introductory meeting between yourself, your nominated Participant, and a member of the Family Sure team. Failure to schedule an introductory meeting does not entitle you to any refund or credit.
3.3. In addition to the Welfare Calls and subject to the selected Subscription, Members receive access to a network of vetted professional trades and service providers, being independent third parties (Third Party Providers) who have been assessed by Family Sure to meet certain standards of professionalism and reliability (the Network). The Network includes a range of services, such as home maintenance, cleaning, gardening, and other trades or services that may be beneficial to Participants. The Network is intended to complement the Welfare Calls by offering Members practical solutions to support the Participant’s living environment and overall wellbeing. Family Sure is not responsible for any direct engagement between Members and Third Party Providers.
3.4. If a Participant does not wish to engage with Family Sure for the purpose of Welfare Calls, Family Sure reserves the right to terminate this agreement by providing seven (7) days written notice to the Member. Upon termination, Family Sure shall have no further obligations to provide the Services, and the Member shall not be entitled to any refund or credit for any unused portion of the Subscription Period or Annual Membership Fee, except as otherwise provided under these Terms.
3.2. When you engage Family Sure for their Services, you agree to schedule a three-way introductory meeting between yourself, your nominated Participant, and a member of the Family Sure team. Failure to schedule an introductory meeting does not entitle you to any refund or credit.
3.3. In addition to the Welfare Calls and subject to the selected Subscription, Members receive access to a network of vetted professional trades and service providers, being independent third parties (Third Party Providers) who have been assessed by Family Sure to meet certain standards of professionalism and reliability (the Network). The Network includes a range of services, such as home maintenance, cleaning, gardening, and other trades or services that may be beneficial to Participants. The Network is intended to complement the Welfare Calls by offering Members practical solutions to support the Participant’s living environment and overall wellbeing. Family Sure is not responsible for any direct engagement between Members and Third Party Providers.
3.4. If a Participant does not wish to engage with Family Sure for the purpose of Welfare Calls, Family Sure reserves the right to terminate this agreement by providing seven (7) days written notice to the Member. Upon termination, Family Sure shall have no further obligations to provide the Services, and the Member shall not be entitled to any refund or credit for any unused portion of the Subscription Period or Annual Membership Fee, except as otherwise provided under these Terms.
4. Subscription to use the Services
4.1. In order to access the Services, you must:
(a) Accept the Services Proposal issued by Family
Sure; and
(b) Make payment of any amounts disclosed in the
Services Proposal, which may include but are not
limited to:
-
- Initial deposit; and
- Annual membership fee ( Annual membership fee)
4.2. Once you have accepted the Services Proposal, you must make regular payments for the
Subscription as disclosed in the Services Proposal
(Subscription Fee).
4.3. The Subscription will be managed through a relationship manager allocated by Family Sure whose contact details will be provided to you upon acceptance of the Services Proposal.
4.4. As part of your use of the Services, you may be required to provide, and Family Sure may collect, personal information about yourself and the Participant (such as identification or contact details), including but not limited to (Personal Information):
(a) Email address;
(b) Preferred username;
(c) Mailing address;
(d) Telephone number;
(e) Emergency contact details for the Participant.
4.5. You warrant that any information you give to Family Sure in the course of the Services will always be accurate, correct and up to date.
4.6. Once you have completed the above process, you will be a registered member of Family Sure (Member) and agree to be bound by these Terms. As a Member you will be granted immediate access to the Services from the nominated start date contained in the Services Proposal (Start Date) until the subscription period expires (Subscription Period).
4.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Family Sure; or
(b) you are not of legal age to form a binding contract with Family Sure; or 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.
4.3. The Subscription will be managed through a relationship manager allocated by Family Sure whose contact details will be provided to you upon acceptance of the Services Proposal.
4.4. As part of your use of the Services, you may be required to provide, and Family Sure may collect, personal information about yourself and the Participant (such as identification or contact details), including but not limited to (Personal Information):
(a) Email address;
(b) Preferred username;
(c) Mailing address;
(d) Telephone number;
(e) Emergency contact details for the Participant.
4.5. You warrant that any information you give to Family Sure in the course of the Services will always be accurate, correct and up to date.
4.6. Once you have completed the above process, you will be a registered member of Family Sure (Member) and agree to be bound by these Terms. As a Member you will be granted immediate access to the Services from the nominated start date contained in the Services Proposal (Start Date) until the subscription period expires (Subscription Period).
4.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Family Sure; or
(b) you are not of legal age to form a binding contract with Family Sure; or 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.
5. Consent and disclaimers
Escalation
5.1. Subject to the selected Subscription and/or in the
reasonable discretion of Family Sure, you agree and consent to Family Sure sharing Personal
Information of you and/or the Participant with
Emergency Services, health, or welfare services as
deemed reasonably appropriate and necessary by
Family Sure in Emergency Situations and in the
best interests of the Participant.
(a) For the purposes of this clause:
5.2. If the Participant does not answer a scheduled Welfare Call, Family Sure will follow a predetermined escalation procedure, which may involve notifying you, listed emergency contacts, and/or Emergency Services. Family Sure is not responsible for ensuring that such notification is received, acknowledged, or acted upon by the notified party, nor is Family Sure responsible for any actions or inactions of third parties following such notification. For the purposes of this clause, “notification” and “notify” shall mean making reasonable efforts to contact the relevant party through the contact details provided, which may include text messages, emails, or other written communication methods deemed appropriate by Family Sure.
(a) For the purposes of this clause:
- Emergency Services shall include, but are not limited to, police, fire and rescue services, ambulance services, and any other government or private entities providing immediate assistance situations of danger or distress.
- Emergency situations shall mean circumstances where there is a reasonable belief of imminent risk to the health, safety, or welfare of the Participant, including but not limited to threats of self-harm, medical emergencies, or situations where the Participant is unresponsive and may require urgent intervention.
5.2. If the Participant does not answer a scheduled Welfare Call, Family Sure will follow a predetermined escalation procedure, which may involve notifying you, listed emergency contacts, and/or Emergency Services. Family Sure is not responsible for ensuring that such notification is received, acknowledged, or acted upon by the notified party, nor is Family Sure responsible for any actions or inactions of third parties following such notification. For the purposes of this clause, “notification” and “notify” shall mean making reasonable efforts to contact the relevant party through the contact details provided, which may include text messages, emails, or other written communication methods deemed appropriate by Family Sure.
Duty of care
5.3. Family Sure is not a medical provider and disclaims any duty of care toward the Member or the
Participant. Notwithstanding this disclaimer, you
and the Participant agree that any duty of care or
responsibility deemed to be owed by Family Sure is
taken to be fulfilled upon Family Sure notifying you
of missed contact with the Participant. Any further
action, including but not limited to contacting
Emergency Services in response to an Emergency
Situation, will be taken by Family Sure at its sole
discretion.
Privacy
5.4. Family Sure undertakes not to use the Member’s or Participant’s Personal Information for secondary
purposes outside of the provision of the Services
and as disclosed in these Terms. However, you
acknowledge and agree that Family Sure does not
owe a strict duty of confidentiality in relation to the
Member’s or Participant’s Personal Information.
5.5. Family Sure is not a medical or health practitioner and is not subject to legislation, regulations, or professional standards governing health practitioners, including but not limited to obligations under health practitioner confidentiality laws. Family Sure will handle Personal Information in accordance with its Privacy Policy and applicable privacy laws, but its confidentiality obligations are limited to those expressly set out in these Terms.
5.5. Family Sure is not a medical or health practitioner and is not subject to legislation, regulations, or professional standards governing health practitioners, including but not limited to obligations under health practitioner confidentiality laws. Family Sure will handle Personal Information in accordance with its Privacy Policy and applicable privacy laws, but its confidentiality obligations are limited to those expressly set out in these Terms.
6. Your obligations as a Member
6.1. As a Member, you agree to comply with the
following:
- you will use the Services only for purposes
that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices guidelines in the relevant jurisdictions; or
- you and the Participant must treat Family Sure and its representatives with respect according to acceptable standards at all times;
- you and the Participant must not engage in any conduct that is discriminatory, harassing, abusive, offensive, aggressive, dishonest, or otherwise inappropriate, whether verbal, physical or written, towards any person involved in the provision of the Services. Family Sure reserves the right to terminate the Subscription effective immediately if this Term is not complied with;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Family Sure of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Services is limited, non-transferable and allows for the sole use of the Services to you for the purposes of the Subscription;
- you will not use the Services in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Family Sure;
- you acknowledge and agree that any automated use of the Services and/or the Website is prohibited.
7. Payment
7.1. All payments made in the course of your use of theServices are made using Bank Transfer, Debit Card or Credit Card.
7.2. In using 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 Family Sure terms and conditions which are contained herein.
7.3. You acknowledge and agree that where a request for the payment of the Subscription 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 Subscription Fee.
7.4. Family Sure reserves the right to withhold or cancel the Services immediately if you fail to pay the Subscription Fee.
7.5. You agree and acknowledge that Family Sure can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
7.6. Unless otherwise agreed in writing, all amounts payable under or in connection your Subscription must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under these Terms.
7.2. In using 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 Family Sure terms and conditions which are contained herein.
7.3. You acknowledge and agree that where a request for the payment of the Subscription 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 Subscription Fee.
7.4. Family Sure reserves the right to withhold or cancel the Services immediately if you fail to pay the Subscription Fee.
7.5. You agree and acknowledge that Family Sure can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
7.6. Unless otherwise agreed in writing, all amounts payable under or in connection your Subscription must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under these Terms.
8. Refund Policy
8.1. Subject to clause 8.2, Family Sure will only provide
you with a refund of the Subscription Fee in the
event they are unable to continue to provide the
Services or if the manager of Family Sure makes a
decision, at its absolute discretion, that it is
reasonable to do so under the circumstances.
Where this occurs, the refund will be in the
proportional amount of the Subscription Fee that
remains unused by the Member (Refund).
8.2. Any Annual Membership Fee payable under the Services Proposal is a non-refundable deposit, unless in cases of material breach of these Terms by Family Sure. You may be entitled to a refund of the Subscription Fee or Annual Membership Fee in accordance with your rights under the Australian Consumer Law, if there is a major failure in the provision of the Services, or where Family Sure is unable to continue to provide the Services. In addition, Family Sure will provide a proportional refund of the unused portion of the Subscription Fee or Annual Membership Fee if you terminate the Services due to a material breach of these Terms by Family Sure, which is not remedied within a reasonable time after being notified.
8.3. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
8.2. Any Annual Membership Fee payable under the Services Proposal is a non-refundable deposit, unless in cases of material breach of these Terms by Family Sure. You may be entitled to a refund of the Subscription Fee or Annual Membership Fee in accordance with your rights under the Australian Consumer Law, if there is a major failure in the provision of the Services, or where Family Sure is unable to continue to provide the Services. In addition, Family Sure will provide a proportional refund of the unused portion of the Subscription Fee or Annual Membership Fee if you terminate the Services due to a material breach of these Terms by Family Sure, which is not remedied within a reasonable time after being notified.
8.3. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of Family Sure 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 Family Sure or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Family Sure, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
9.4. Family Sure 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:
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Family Sure, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
9.4. Family Sure 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:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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).
10. Privacy
10.1. Family Sure takes your privacy seriously and any information provided through your use of the
Website and/or Services are subject to Family Sure’s Privacy Policy, which is available on the
Website.
10.2. By engaging Family Sure for the Services, you acknowledge and agree that Family Sure will collect data in relation to the Member and the Participant, including but not limited to contact information, personal preferences, ailments, diseases and illnesses, next of kin details, and possible recordings of calls, which may be held on external servers or hosts.
10.2. By engaging Family Sure for the Services, you acknowledge and agree that Family Sure will collect data in relation to the Member and the Participant, including but not limited to contact information, personal preferences, ailments, diseases and illnesses, next of kin details, and possible recordings of calls, which may be held on external servers or hosts.
11. General Disclaimer
11.1. 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.
11.2. Subject to this clause, and to the extent permitted by law:
11.5. You further acknowledge that use of the Services is at your own risk, and that Family Sure’s obligations are limited to those expressly stated in these Terms (see clauses 3.3, 5.3, 11.3, 12.2, 12.3 and 12.4). Any duty of care or responsibility deemed to be owed by Family Sure is fulfilled upon notification to the Client of any missed contact with the Participant.
11.2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Family Sure 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, pursuant to statute or otherwise.
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of Family Sure’s related products (including third party material advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Family Sure; and
- the Services or operation in respect to links which are provided for your convenience.
11.5. You further acknowledge that use of the Services is at your own risk, and that Family Sure’s obligations are limited to those expressly stated in these Terms (see clauses 3.3, 5.3, 11.3, 12.2, 12.3 and 12.4). Any duty of care or responsibility deemed to be owed by Family Sure is fulfilled upon notification to the Client of any missed contact with the Participant.
12.Limitation of liability
12.1. For the purpose of clauses 12 and 15, the following
definitions shall apply:
Claim means any actual, contingent, present or
future claim, complaint, demand, proceeding, suit,
litigation, action, cause of action or other legal
recourse for any Loss, restitution, equitable
compensation, account, injunctive relief, specific
performance or any other remedy of whatever
nature and however arising, whether in contract,
tort (including but not limited to negligence), under
statute or otherwise
12.2. To the maximum extent permitted by law and except as otherwise set out in this agreement, Family Sure and its representatives expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability and fitness for a particular purpose.
12.3. Where the conditions, representations and warranties referred to in clause 12.1 cannot be disclaimed or excluded by law, then the aggregate liability of the Family Sure and its representatives in respect of any Claim that you and/or any of your representatives may bring against the Family Sure in respect of the Services is limited, at the Family Sure’ election, to one or a combination of the following remedies:
12.5. In respect of any Third-Party Providers listed on the Network and/or engaged by you for or on behalf of yourself or the Participant, you expressly understand and agree that Family Sure shall not be liable for any actions, inactions, or negligence and cannot provide any guarantee as to the quality, ethics, or behaviour of any Third-Party Providers, and any Third-Party Providers are engaged at your own risk.
12.6. Family Sure and its affiliates, employees, agents, contributors and licensors cannot guarantee against and exclude all liability or responsibility for any extraneous frauds, scams, or unethical behaviours that Participants happen to experience and any physical or mental ailments that may develop in Participants during the Subscription Period.
12.2. To the maximum extent permitted by law and except as otherwise set out in this agreement, Family Sure and its representatives expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability and fitness for a particular purpose.
12.3. Where the conditions, representations and warranties referred to in clause 12.1 cannot be disclaimed or excluded by law, then the aggregate liability of the Family Sure and its representatives in respect of any Claim that you and/or any of your representatives may bring against the Family Sure in respect of the Services is limited, at the Family Sure’ election, to one or a combination of the following remedies:
- re-supply of the Services;
- payment of the costs of re-supply of the Services by a third party; or
- the refund of any amounts paid (either in full or part) by you to the Family Sure under this agreement in respect of the Services.
12.5. In respect of any Third-Party Providers listed on the Network and/or engaged by you for or on behalf of yourself or the Participant, you expressly understand and agree that Family Sure shall not be liable for any actions, inactions, or negligence and cannot provide any guarantee as to the quality, ethics, or behaviour of any Third-Party Providers, and any Third-Party Providers are engaged at your own risk.
12.6. Family Sure and its affiliates, employees, agents, contributors and licensors cannot guarantee against and exclude all liability or responsibility for any extraneous frauds, scams, or unethical behaviours that Participants happen to experience and any physical or mental ailments that may develop in Participants during the Subscription Period.
13.Competitors
13.1. If you are in the business of providing similar Services for the purpose of providing them to users
for a commercial gain, whether business users or
domestic users, then you are a competitor of Family
Sure. Competitors are not permitted to use or
access any information or content on our Website.
If you breach this provision, Family Sure will hold
you fully responsible for any loss that we may
sustain and hold you accountable for all profits that
you might make from such a breach.
14.Termination of Contract
14.1. The Terms will continue to apply until terminated by
either you or by Family Sure as set out below.
14.2. If you want to terminate the Terms, you may do so by:
14.4. Family Sure may at any time, terminate the Terms with you if:
14.2. If you want to terminate the Terms, you may do so by:
- providing Family Sure with 30 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Family Sure has made this option available to you.
14.4. Family Sure may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Family Sure is required to do so by law;
- the provision of the Services to you by Family Sure is, in the opinion of Family Sure, no longer commercially viable.
15.Indemnity
15.1. You agree to indemnify Family Sure, its affiliates,
employees, agents, contributors, third party content
providers and licensors from and against:
- any Claim which arise in connection with any breach of this agreement by you and/or any negligent or other tortious conduct;
- any Claim which may be brought by a Participant arising in connection with the Services;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms,
16.Dispute Resolution
16.1. 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).
-
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.
-
On receipt of that notice (Notice) by that other
party, the parties to the Terms (the Parties) must:
- Within 28 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;
- If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre;,/li>
- 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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
-
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.
- If two (2) months 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.
17.Use of Subcontractors
17.1. Family Sure is permitted to use other persons to
provide some or all of the Services.
17.2. Family Sure is responsible for the work of any of the Family Sure’s subcontractors.
17.3. Subject to clause 17.4, any work undertaken by any of the Family Sure’s subcontractors will be undertaken to the same standard as stated in these Terms.
17.4. To the extent that the terms of any subcontract stipulate a higher standard for any of the Services than the standards set out in this agreement (including as to timing or quality), any Services provided by the relevant subcontractor will be governed by the terms and conditions of that subcontractor’s subcontract.
17.2. Family Sure is responsible for the work of any of the Family Sure’s subcontractors.
17.3. Subject to clause 17.4, any work undertaken by any of the Family Sure’s subcontractors will be undertaken to the same standard as stated in these Terms.
17.4. To the extent that the terms of any subcontract stipulate a higher standard for any of the Services than the standards set out in this agreement (including as to timing or quality), any Services provided by the relevant subcontractor will be governed by the terms and conditions of that subcontractor’s subcontract.
18.Confidentiality
18.1. Each party agrees to keep confidential and not
disclose to any third party any confidential information
obtained in connection with the Services, except as
required by law or with the prior written consent of the
other party. Confidential information includes, but is
not limited to, personal information, contact details,
and any communications or data exchanged between
the parties. This obligation survives termination of
these Terms.
19.Venue and Jurisdiction
19.1. The Services offered by Family Sure are intended to
be utilised by residents of Australia. In the event of any
dispute arising out of or in relation to the Services, you
agree that the exclusive venue for resolving any
dispute shall be in the courts of New South Wales,
Australia.
20.Governing Law
20.1. The Terms are governed by the laws of New South
Wales, 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 pursuant to the laws of New South
Wales, 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 hereto and their successors and assigns.
21.Severance
21.1. 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.