Terms and Conditions

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Terms & Conditions

This Website (“Website”) is owned and operated by ONCALL Group Australia Pty Ltd (ABN 27 633 010 330) (“ONCALL”).

ONCALL provides various staffing, NDIS support and other disability related services (“Service”). By accessing, browsing or using this website, www.oncall.com.au (“Website”), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms of Use”). There are also separate Service Agreements for clients and other agreements for staff, suppliers and joint venture partners. Please read all terms and conditions applicable to you carefully before using this Website, including these Terms of Use. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Website.

ONCALL may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Website. Your continued use of this Website after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended. ONCALL reserves the right to vary or modify the information contained on this Website, to change or discontinue any feature or part of this Website, to change the hours of availability and the equipment required to obtain access to this Website, without notice and without liability.

PRIVACY

ONCALL may collect, use, store, record and transmit your personal information entered on this Website. For further details, please refer to ONCALL’s Privacy Policy. Your continued use of the Website and your provision of your personal information constitutes your approval for ONCALL to deal with your personal information.

LINKS TO OTHER WEBSITES

You may be able, through hypertext or other computer links, to gain access to websites of third parties (“Third Party Websites”). Unless otherwise specified, the Third Party Websites are not under ONCALL’s control. The Third Party Websites may have different terms of use and privacy requirements. Unless otherwise specified, ONCALL is not responsible for the content of any Third Party Websites, or any changes or updates to such Websites. ONCALL provides these links for your convenience only. You link to any such Third Party Websites at your own risk. ONCALL is not a party to any transaction between you and a Third Party Website. Unless specified, ONCALL does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Websites.

THIRD PARTY MATERIAL

Certain Information may include materials from third parties. You agree that ONCALL is not responsible for examining or evaluating the content or accuracy of the third party material and ONCALL does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that ONCALL is not in any way responsible for any such use by you.

DISCLAIMER

  • ONCALL does not warrant, guarantee or make any representations:
    • regarding the accuracy, adequacy, reliability, completeness or timeliness of any of the information available on the Website (“Information”) or that it is suitable for your intended use. The Information is provided by ONCALL in good faith on an “as is” basis without warranty of any kind;
    • that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and the Information is at your own risk;
    • regarding the accuracy, adequacy, reliability, completeness or timeliness of the Information or that they are suitable for your intended use; and
    • that the Information on this Website will not cause damage or that the Website is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information viewed or downloaded.
  • All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.
  • ONCALL does not guarantee that use of the Website will be uninterrupted or error-free, and you agree that from time to time ONCALL may remove all or part of the Information at any time, without notice to you, where reasonably necessary to protect ONCALL’s legitimate interests or to comply with an order from any competent judicial, administrative or regulatory authority.
  • None of the Information constitutes legal or professional advice.
  • Use of the Information does not in itself equate to compliance with applicable laws and regulation.
  • You acknowledge that you have not made known either expressly or by implication to ONCALL any purpose for which you require the Information and you have the sole responsibility of satisfying yourself that the Information and the Services are suitable for your needs.
  • Information may include material from third party authors or suppliers. Changes are periodically made to the Information and the Services. ONCALL, its authors or its suppliers may make changes to the Information and the Services at any time in their sole discretion without notice or liability.
  • ONCALL reserves the right to suspend, remove or disable access to the Information or the Website at any time without notice or liability.

LIABILITY

  • Except as these Terms of Use specifically state, or as contained in any express warranty provided in relation to the Services, the agreement for the supply of the Services from ONCALL to you does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or any contractual remedy for their failure.
  • All Services provided to any client will be on the terms and conditions of the Service Agreement signed between ONCALL and such client.
  • If you are a consumer as defined in the Australian Consumer Law Schedule of the Competition and Consumer Act (“ACL”), nothing in these Terms of Use restricts, limits or modifies your rights or remedies against ONCALL for failure of a statutory guarantee under the ACL.
  • If clause above dealing with ACL does not apply, then other than as stated in these Terms of Use or the Purchaser Agreement, ONCALL is not liable to you in any way arising under or in connection with the Services or Information used by you or any third party.
  • ONCALL is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.
  • Nothing in the Terms of Use is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

LIMITATION OF LIABILITY

ONCALL will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Website. Under no circumstances will ONCALL be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. Where liability cannot be excluded, any liability incurred by ONCALL is limited to the re-supply of the Information on the Website or the reasonable costs of having the Information re-supplied.

PRICING AND PAYMENT

  • Prices displayed for the supply of Services include the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (“GST”), and any other taxes or duties imposed on or in relation to the Services.
  • Payment for the Services, if applicable, will be made in accordance with the relevant Purchaser Agreement.

INTELLECTUAL PROPERTY (WEBSITE)

  • © ONCALL Group Australia Pty Ltd (ABN 27 633 010 330) 2021. All rights reserved.
  • You acknowledge and agree that all content, coding, graphics, and Information available on this Website is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of ONCALL or third party suppliers as the case may be.
  • No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without ONCALL’s prior written consent. However, you may download and print these Terms of Use and the Privacy Policy for your personal non-commercial use.
  • All trade marks and trade names which appear on this Website are proprietary to ONCALL and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
  • If you are a competitor of ONCALL and you create documents, goods or services similar to those of ONCALL for the purpose of providing them to third parties, whether these third parties are business users or domestic users, ONCALL expressly excludes and does not permit you to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If you breach our intellectual property rights by using our documents, goods, service or the Information, you will be liable for any loss that ONCALL may incur. ONCALL will hold you accountable for all profits that you might make from using our intellectual property.
  • ONCALL reserves the right to deny access to the Website or the Information to any person or business.

SPAM

The publication of ONCALL’s email addresses on this Website is to facilitate communications relating to the Services supplied by ONCALL. It must not be inferred as consent by ONCALL to receive unsolicited commercial electronic messages.

MISCELLANEOUS

  • By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Website from other jurisdictions, you are additionally responsible for compliance with local laws.
  • If any of the Terms are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
  • ONCALL’s failure to enforce any of these Terms of Use shall not be construed as a waiver of any of ONCALL’s rights. If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms of Use without affecting the enforceability of the remaining terms.
  • A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.