Terms and Conditions
CareCorner Terms and Conditions
Welcome to the CareCorner website (“website”), operated by Evolve Research and Consulting Pty Ltd (“us”, “we”, “our”) on behalf of Bupa HI Pty Ltd and its related bodies corporate (together “Bupa”). Use of the website is conditional upon the CareCorner member (“member”, “you”) agreeing to the terms and conditions of this Agreement. By choosing “I accept the terms and conditions” when logging on to CareCorner you are deemed to have accepted the terms of this Agreement. If you do not agree, choose “I do not accept” and login access will be denied. Please take a moment to review the Agreement which governs your use of the website.
Visitors to CareCorner may become members by accepting the terms and conditions of this Agreement. By registering “I accept the terms and conditions” you agree to be bound by this Agreement when you use the website.
When you become a member by registering and clicking “I agree to the terms and conditions” you acknowledge, warrant and represent that:
- you are at least 18 years old;
- you will provide us with accurate, complete and current information;
- you have entered into this Agreement as a result of your due diligence and assessment and have not relied on any representations made by us;
- you have and maintain the power and authority necessary for you to enter into this Agreement;
- you will not create more than one member account that represents you;
- the information provided by you on the website will not infringe the intellectual property of any third party nor defame the reputation of any third party;
- as an active member you will meet the Minimum Participation Level as outlined in the CareCorner website;
- you enter this Agreement on the understanding that we at our sole discretion choose when you become an active member;
- we have sole discretion in relation to the numbers and types of members that are active at any given time including but not limited to when a member enters or exits CareCorner;
- you will keep any and all information made available to you via or in respect of CareCorner – including but not limited to information about Bupa, its business, or its products or services – confidential and will not disclose or allow the disclosure of such information to any third person; and
- we at our sole discretion reserve the right to terminate your membership for any reason.
Ownership of website content
You acknowledge that all content published on the website resulting from your participation, including but not limited to, written content, comments, opinions, compliments, messages, symbols, graphics, images, logos, posted by members or otherwise made available by members is owned by us or third parties with whom we have contracted, including Bupa, and is protected by Australian and international copyright and other laws.
You acknowledge and agree that you are solely responsible for all materials, including but not limited to, written content, comments, opinions, compliments, messages, ratings, reviews, symbols, graphics, images or logos.
You acknowledge and accept that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trademark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary right of any other party.
You acknowledge and agree not to post or upload any content that:
- transmits viruses or any other technologies that may harm us, a member or any user of the website;
- compromises the security of the network or website;
- interferes with the proper working of the website;
- distributes spam or unsolicited electronic communications;
- in any manner transmits unlawful, threatening, harassing, abusive, false, inaccurate, misleading, defamatory, obscene, vulgar, profane, objectionable, indecent or offensive information.
You acknowledge and agree that we at our sole discretion reserve the right to review, edit and delete any member content in whole or in part.
You acknowledge and agree that you may not disclose or allow the disclosure of any information in whatever form made available to you via or in relation to CareCorner to any third person and that any such disclosure will constitute a substantial breach of this Agreement for which you will be liable and must indemnify us and/or Bupa (as the case may be) for any loss arising from such breach.
The website and its underlying content, including but not limited to, its design, name, logos, interface and software technology is owned by us or, a related third party. Data generated by the website as a result of your participation is owned by us or third parties with whom we have contracted including Bupa, and is protected by Australian and international copyright and other laws.
You acknowledge that the intellectual property rights in or associated with the website and our pre-existing intellectual property remain our property (or related parties of us or approved by us including licensees or licensors).
We reserve all of the rights, title and interest in the website and the associated intellectual property rights including copyright, distribution rights, ancillary rights, spin off or similar rights, moral and similar rights, promotion rights, commercialisation rights, exploitation rights, designs, patents and trademarks. All rights, title and interests means past, present and future rights, title and interest (whether vested or contingent or future, whether subsisting or acquired, whether beneficial or legal) throughout the world.
All improvements to the website will be owned by us (or related third parties of us or approved by us including licensees or licensors), and all intellectual property rights in the improvements will vest in us. We are entitled to all benefits associated with the improvements including benefits which arise from the commercialisation or exploitation of the website and the content and associated intellectual property rights and/or the improvements.
You do not own any intellectual property rights in the website, the content or the improvements.
You must not do anything or omit to do something which does or may infringe, damage or bring into disrepute our name Pty Ltd, the website or the intellectual property rights of us, Bupa or any third party.
Nothing in this Agreement affects or is intended to affect the ownership of any party’s intellectual property rights.
You must immediately notify us in writing upon becoming aware of any actual or potential infringements of any of our intellectual property rights (including unauthorised disclosure of trade secrets or confidential information).
The website uses proprietary software owned or licensed by us, or a related third party. You are being granted an individual, limited, non-exclusive, non-transferable licence or right to use the software subject to this Agreement. You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.
We retain sole and exclusive ownership throughout the world, and retain all rights in respect of the software, the website, the content and all underlying technology and all associated intellectual property rights.
Limitation of liability
Neither we nor Bupa are liable for the following:
- any claims, threats, actions, losses, consequential losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis or loss or inaccuracy of data, revenue or profits), damages and taxes that may be suffered or incurred by you, directly or indirectly, in connection with your use of the website or participation in CareCorner except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of us;
- loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the website or participation in CareCorner;
- lost data, overwritten data, or faults or omissions in data collected, collated, or otherwise dealt with in connection with the website or participation in CareCorner;
- misuse or misapplication of the website;
- your failure to comply with any of your member obligations;
- your failure to check that the website is working properly having regard to your particular use of the website;
- your use of, reliance on or analysis of the content on website;
- decisions you make using or based on the website or your participation in CareCorner.
Disclaimer of warranties
We expressly disclaim all warranties, representations, endorsements or guarantees (express or implied) regarding the website and the content on the website including without limitation, any warranties with respect to any results that may be obtained from the use of the website.
We do not expressly or impliedly, warrant or guarantee or give any undertaking or representation as to the following:
- that the website is free of infection by viruses or other contaminating or destructive characteristics;
- that the website or features or functions of the website, methods of communication or transmission, or your access to the website will be uninterrupted, or error free, or virus free;
- rectification of any defect;
- continuous or secure access to the website.
We are not responsible for any content, postings, uploads, reviews or comments made by any member. Neither we nor Bupa endorse any content, postings, uploads, reviews or comments made by any member.
You understand and acknowledge that your participation in and on CareCorner is to help Bupa explore, test or otherwise research general or specific ideas, concepts, wording, imagery or other material and there is no necessary intention nor guarantee that Bupa will commercialise, formalise, advance or pursue in any way such ideas, concepts, wording, imagery or other material.
You release and indemnify us in respect of and against any claims, demands, threats, actions, losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis), damages, account of profits and taxes that may be suffered or incurred by use, directly or indirectly, in connection with:
- infringement by you of any law or the rights (including intellectual property rights) of us or a third party;
- actual or alleged breach of this Agreement by you;
- disputes between you and a third party;
- third party charges payable by us as a result of your conduct
The indemnities in this clause include and extend to an indemnity in connection with:
- injury to or death of a person;
- any loss of or damage to any property (including personal effects);
- interruption to a business;
- loss of income;
- any costs or liabilities incurred in respect of a claim by a third party (whether or not involving legal proceedings).
Each indemnity and release in this Agreement is a continuing obligation and will survive termination of this Agreement.
It is not necessary for a party to incur an expense or make a payment before enforcing a right of indemnity conferred by this Agreement.
We must give you prompt written notice of any third party claim for which it is seeking indemnity, although our failure to provide such prompt notice will not relieve you of any obligation or liability except to the extent that you have been materially prejudiced by such failure.
No compromise or settlement or any third party claim may be committed by you without our prior written consent unless it includes a full discharge and release of liability for us, and it involves no admission or commitment by or on our behalf.
Publicity and promotion
Except as required by law, all press releases and other public announcements proposed by you relating to the transactions and arrangements dealt with by the Agreement must be in terms agreed to in writing by us (before the publication or announcement).
You acknowledge that any benefit (including rewards) awarded to you is at our sole discretion and may change from time to time.
If you object to your information being transferred or used in this way please do not use our services.
We reserve the right to amend the terms of this Agreement without notification and at our discretion from time to time. Any new and/or amended terms will be posted on our website.
We encourage you to visit the above website from time to time to ensure that you are informed of our latest terms in relation to this Agreement.
This Agreement comprises the entire Agreement and understanding between you and us and supersedes any prior Agreement or understanding.
If anything in this Agreement is unenforceable, illegal or void, it is severed and the rest of the Agreement remains in force.
This Agreement does not create any relationship of agency, partnership, franchise, joint venture or employment between you and us.
Neither this Agreement nor any of the benefits or obligations may be assigned, subcontracted or otherwise divested by either you or us without the other’s written consent.
Any benefit to or liability imposed on you or us under this Agreement also extends where the context permits, to your or our officers, employees, contractors and agents.
Our discretion: Where this Agreement gives us a right or power to consent or approve in relation to a matter under this Agreement, we may withhold any consent or approval or give consent or approval conditionally or unconditionally and in our discretion. You must comply with any conditions we impose on our consent or approval. Where we are granted discretion under this Agreement, the discretion may be exercised solely and absolutely and does have to be exercised upon reasonable terms.
Headings are for convenience only and shall not affect the meaning of the terms of this Agreement.
Terms that should logically survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement.
You and we warrant and represent that each has full authority to enter into this Agreement, and that all representations and warranties in this Agreement are true and correct.
The laws of Victoria, Australia, govern this Agreement and you and we submit to the non-exclusive jurisdiction of the Victorian courts.
Last updated: 28 May 2018
Terms and Conditions
HOW TO ENTER:
- To be eligible, you must be a participating member of the Care Corner Community. You must also meet the minimum monthly point thresholds as outlined on the Care Corner Website. To participate in the Care Corner Community, you must complete activities. Activities within Care Corner have an associated points value depending on the type of activity. Each point you earn grants you an entry into the prize draw.
- An unlimited number of entries are granted as long as you meet the minimum point threshold for each entry as outlined on the Care Corner Website.
- Entries close 31/07/2021 at 11.59pm (AEST)
For details concerning your personal information see condition 3.
CONDITIONS OF ENTRY
Information on how to enter and prizes forms part of these terms and conditions. Entry into this competition is deemed to be an acceptance of these terms and conditions.
- To enter, you must be a participating member of the Care Corner Community for the duration of the promotional period. Employees of the Promoter and the agencies associated with this competition and their immediate families are not eligible to enter.
- Contestants must be over 18 to be eligible to enter this competition.
- Competition commences 9.00am AEDT 01/08/2020 and closes 15/11/2021 at 11.59pm AEST (Promotional Period). Entries are deemed received at the time of receipt by the Promoter in its promotional database and not at the time of transmission by the entrant.
The competition includes 12 separate prize draws to be conducted on the following dates. Only entries received in the preceding calendar month will be included in each draw. Each draw will take place at 2pm AEST or AEDT (whichever is relevant) at Evolve Research and Consulting, Level 2, 405 Little Bourke St, Melbourne VIC 3000. In each of the 12 prize draws the first valid entry drawn will win 1 x $100 GiftPay eGift Card, the next 20 valid entries each month will each win 1 x $20 eGift Card. Total prize pool per month: 21 prizes with total value of $500 per month.Please see www.giftpay.com for separate terms and conditions applicable to GiftPay eGift Cards. Note that eGift Cards are valid and redeemable for use in Australia only.
Monthly Draw No Date of Draw Prize 1 11/09/2020 1 X $100, 20 X $20 GiftPay eGift Cards 2 9/10/2020 1 X $100, 20 X $20 GiftPay eGift Cards 3 13/11/2020 1 X $100, 20 X $20 GiftPay eGift Cards 4 11/12/2020 1 X $100, 20 X $20 GiftPay eGift Cards 5 8/01/2021 1 X $100, 20 X $20 GiftPay eGift Cards 6 12/02/2021 1 X $100, 20 X $20 GiftPay eGift Cards 7 12/03/2021 1 X $100, 20 X $20 GiftPay eGift Cards 8 9/04/2021 1 X $100, 20 X $20 GiftPay eGift Cards 9 14/05/2021 1 X $100, 20 X $20 GiftPay eGift Cards 10 11/06/2021 1 X $100, 20 X $20 GiftPay eGift Cards 11 9/07/2021 1 X $100, 20 X $20 GiftPay eGift Cards 12 13/08/2021 1 X $100, 20 X $20 GiftPay eGift Cards
Winners of each draw will be notified by email within two business days of the draw and will then have their Name and State of residence posted on the Care Corner Website www.carecorner.com.au
Monthly Draw No. Publish on Webpage 1 14/09/2020 2 12/10/2020 3 16/11/2020 4 14/12/2020 5 11/01/2021 6 15/02/2021 7 15/03/2021 8 12/04/2021 9 17/05/2021 10 14/06/2021 11 12/07/2021 12 16/08/2021
- Any costs associated with accessing the website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Total prize pool: 252 prizes over 12 months. Maximum total value of prize pool is AUD$6,000 over 12 months.
- Prizes are not transferable or exchangeable and cannot be taken as cash. Prizes are redeemable and valid for use in Australia only. The promoter’s decision is final and no correspondence will be entered into.
- If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry. The promoter's decision is final and no correspondence will be entered into.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- In the event of a prize not being accepted or claimed within 3 months of the monthly prize draw, the relevant prize winner's entry will be deemed invalid and the Promoter reserves the right to conduct such further draws 3 months after the close of the unclaimed monthly prize draw period at 2pm (AEDT or AEST whichever is relevant) at same location as the original draws as are necessary to distribute the prize, subject to any written directions given by any relevant authority. Winners of unclaimed prizes will be notified via email and have their name and state/territory of residence only published on the Care Corner Website 3 months and 2 days after the close of the unclaimed prize draw period. By entering this Promotion, each entrant requests that his or her phone number and email address details not be published.
- The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
- The Promoter may require prize winners to provide proof of identity, proof of age and proof of residency at the nominated delivery address. Identification considered suitable for verification is at the Promoter's discretion.
- The Promoter accepts no responsibility for any incorrect, ineligible, invalid, late, lost or misdirected entries or for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestions on the Internet or at any website, or any combination thereof, including but not limited to, any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this competition. The Promoter is not liable for any consequence of user error including (without limitation) any costs incurred.
- The Promoter, its associated agencies and companies and the agencies and companies associated with this promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
- If for any reason any aspect of this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
- To the extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking a prize.
- The Promoter is The Trustee for Evolve Research and Consulting Unit Trust ABN 42 378 606 768 of Level 2, 405 Little Bourke St, Melbourne, VIC 3000