Welcome to the Bloom Roster Care. By accessing or using our Site at [https://bloomrostercare.com.au/], you agree to comply with and be bound by these Terms and Conditions. Please read these Terms carefully before using our services. If you do not agree to these Terms, you should not use our Site or services.
By accessing or using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You agree to use the Site for lawful purposes and following these Terms. You may not use the Site:
We reserve the right to terminate or restrict your access to the Site at our sole discretion if we believe you are violating any of these Terms.
All fees must be paid in accordance with our policy published from time to time. The website owner may vary the fees including the monthly fee and annual fee by notice to you. Such charges will be notified in such manner as determined by the website owner. Any late payment with incur a fee of up to $100.00 per week and may be charged at the discretion of the website owner until paid. The website owner may suspend or terminate any service or component of the app or website pending full payment. A yearly annual fee of $150.00 will be charged on date of sign up and continue on sign up date annually.
All content, materials, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Bloom Roster Care or its content suppliers and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or material from the Site without prior written consent from Bloom Roster Care.
To access certain features or services offered on the Site, you may be required to create an account and provide certain personal information. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
The information, content, and materials provided on this Site are for general informational purposes only. While we strive to provide accurate and up-to-date information, Bloom Roster Care makes no warranties or representations about the accuracy, reliability, or completeness of any content on the Site.
Your use of the Site is at your own risk. The Site and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by law, Bloom Roster Care, its affiliates, employees, agents, or licensors will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Site or services.
Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site will not exceed the amount you have paid to us, if any, for access to the Site or services in the past 12 months.
The Site may contain links to third-party websites or services that are not owned or controlled by Bloom Roster Care. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. By using the Site, you acknowledge and agree that Bloom Roster Care is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party website or service.
You agree to indemnify, defend, and hold harmless Bloom Roster Care, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Site or any violation of these Terms.
We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Your continued use of the Site after any changes signifies your acceptance of the updated Terms.
These Terms are governed by and construed following the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts located in Australia to resolve any legal matter arising from these Terms.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
If you have any questions or concerns about these Terms or the Site, please contact us at:
Bloom Roster Care
Email: info@bloomrostercare.com.au
By using our Site, you acknowledge that you have read and agree to these Terms and Conditions.
Access to the website is provided to you on the basis that you must not misuse this website. Accordingly, you will not do any of the following:
commit or encourage, criminal offence, transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technology harmful, in breach of confidence or in any way offensive or obscene. You may not hack into any aspect of the website, corrupt data, cause annoyance to others. You may not infringe the rights of any other person's proprietary rights. You may not send any unsolicited advertising or promotional material.
You acknowledge that breaching these prohibitions clause would constitute a criminal offence and, if breached the website owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
The website owner will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technology harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any linked sites.
The website owner may modify, remove, reconfigure, discontinue, replace, substitute, upgrade or enhance any function component of, feature or data provided through the website including contact hours and availability, pricing equipment required for access, or these terms and conditions or discontinue the services including any subscriber service or the user account or subscription with or without notice, without liability to the Website Owner or associated person.
Except where expressly stated to the contrary all persons (including their names and images) third party trademarks and content, services and/or locations featured on the website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation, any trademarks/names featured on this website are owned by the respective trademark owners. where a trademark or brand name is referred to it is used solely to describe or identity the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
Indemnity: you agree to indemnify, defend and hold harmless the Website owner, its directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages or costs (included but not limited to, legal fees) arising from your use of this Website or your breach of the terms of use including any claim for negligence.
Warranty: The website owner gives no warranty in relation to the distribution or nature and extent of distribution of the content to the subscribers. The Website Owner does not give any warranty in relation to the quality of performance of the Website, App or any components of the website or App in relation to the accuracy, reliability, completeness, usefulness, or other of the content of the Website or App and subject to Australia Consumer Law, these warranties are excluded.
Invalidity: If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining parts valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by the law.
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian consumer law (ACL) the material displayed on this Website is provided without any guarantee, conditions or warranties as to its accuracy.
(b) to the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or other law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to good will or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity , restitution, by statue, at common law or otherwise.
(c) This disclaimer does not affect the Websites Owner liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
(d) To the fullest extent permitted by Law, you release us from any claim that may be made as a result of any loss suffered following the security of the Website being breached or for a cyber-attack or unauthorised access through the Website. Further, you release us from any claim or action that may arise as a result of any oct or omission that occurs in reliance or otherwise on the performance of the App including any bodily injury or medical condition.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. buy you must not establish a link in such a way as to suggest any form of association, approval or indorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images) third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks, /names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website owner. We reserve the right to withdraw or amend the Website and any Goods or Services listed on the website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. For time to time, we may restrict access to some parts or all of this Website. Satisfactory access to the Website and the App will depend upon suitability of your computer, hardware, software, modem and other devices for connection to the internet and all associated telephone lines and telecommunication services which are the user's responsibility. We will not be responsible for any loss suffered due to connectivity issues associated with your hardware, software or location.
The Website Owner reserves the right to amend these Terms and Conditions from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the terms and conditions by email. These amendments will apply regardless of whether an email is dispatched. Your continued use of the Website following any such Amendments will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.