Rementia Together Terms & Conditions
Operative Provisions
Services
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- 1.1 We will provide the Services to the Participants at the Property for the Term, with due care and skill and subject to the terms and conditions of this Agreement. During the Term we will provide:1.1.1 a private bedroom
1.1.2 bathroom
1.1.3 access to common areas
1.1.4 meals and refreshments.
Individual private bedrooms and bathrooms for each participant is subject to availability.
1.2 You have been invited to participate in the Services based on our assessment of your eligibility and suitability, which we have completed in reliance on information you provided us during activities conducted for the purposes of us assessing your eligibility and suitability including in any forms, assessment tools and interviews with our representatives (Assessments). By entering into this Agreement, you represent and warrant to us that as at the date you enter into this Agreement and to the best of your knowledge and belief:
1.2.1 all information provided by you and by others about you on your behalf during the Assessments is a true and complete response to each and all questions asked by us;
1.2.2 you have not at any time provided false or misleading information to us or others in relation to your proposed use of the Services and any Assessment question;
1.2.3 of the Participants:
(a) Participant 1 has a formal diagnosis of dementia provided by a suitably skilled and qualified medical health professional; and
(b) Participant 2 is a family member, partner or friend of Participant 1, who provides Participant 1 with regular and ongoing care and help, without being paid for providing that care and help, and they will continue to act in this role for the foreseeable future.
1.3 If you know or suspect that the circumstances of either Participant have or will change during the Term such that any of the matters described in clause 1.2 are or could become inaccurate you must immediately notify GHA’s Program Director, Donna Ward.
2.1 You are solely responsible and liable for your own behaviour and wellbeing at the Property. You must always act in the best interests of and safety of yourself and others at the Property at all times. Our role is limited to providing the Services, and Participant 2 is solely responsible and liable for providing any care and help otherwise required by Participant 1.
3.1 The Participants each acknowledge that the provision of Services is conditional on both Participants participating in the Services throughout the Term. Accordingly:
3.1.1 each Participant irrevocably authorises the other Participant to give and receive termination notices pursuant to this clause 3 on their behalf;
3.1.2 GHA may terminate this Agreement at any time and without cause by issuing a verbal notice of termination to at least one of the Participants, and if provided to one Participant is still deemed to have been provided to both Participants for the purposes of this clause 3;
3.1.3 a Participant may terminate this Agreement at any time and without cause by issuing a verbal notice of termination to any staff member of GHA; and
3.1.4 the Agreement shall be terminated immediately upon a notice of termination being given pursuant to this clause 3.
3.2 Upon termination of the Agreement, the Services shall immediately cease and the Participants must immediately vacate the Property including by removing all their personal belongings. The Participants are solely responsible for arranging to vacate the Property including personal transportation arrangements and costs.
4. Disclaimer, Liability, and Indemnity
4.1 You acknowledge and agree that your use of the Services is at your own risk. We provide the Services on an “as-is” basis and whilst every effort is made to ensure the information provided through the Services is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, or accuracy of anything comprising the Services for any purpose. To the fullest extent permitted by law, the Services are provided without any warranties, representations, or conditions of any kind, whether express, implied or statutory.
4.2 You acknowledge and agree that:
4.2.1 we are not responsible for any Loss you suffer in relation to any act or omission of a third party (including presenters, other individuals receiving the Services, and third party suppliers of food, drink and refreshments);
4.2.2 we are not responsible for the safe keeping of any of your personal belongings or for any Loss you suffer in connection with the theft, loss or damage of your personal belongings in connection with the Services or the Property;
4.2.3 we are not responsible for any Loss that you may suffer as a result of use of the Services, and any information provided as part of the Services is general in nature and not tailored to your specific requirements. You should make your own enquiries and obtain your own independent advice in relation to the information provided via the Services, including in consultation with your treating medical and allied health professionals;
4.2.4 we do not represent or warrant that your use of the Services will meet your particular requirements or provide any desired outcomes, whether those requirements are disclosed to us or not, and results may not be achieved and may vary between individuals who receive the Services; and
4.2.5 any information within any marketing materials are not to be taken as a guarantee that you will achieve any particular results,
4.3 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement to the fullest extent permitted by law. Without limiting this clause 4.3, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
4.3.1 your use of the Services;
4.3.2 your use or occupation of the Property;
4.3.3 any act, omission or default, whether negligent or otherwise, of any third party;
4.3.4 any Loss incurred in relation to any third party.
4.4 Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss arising out of or in connection with the Services, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to $1.
4.5 We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Services.
4.6 Nothing in this Agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option:
(a) in the case of services, the resupply of the services or the payment of the cost of resupply; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
4.7 Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you and third parties.
4.8 You indemnify us against, and hold us harmless from, any Losses suffered or incurred by us arising out of or in connection with:
(a) your breach of this Agreement;
(b) our enforcement of this Agreement;
(c) your improper use of, or conduct at, the Property;
(d) your improper use of, participation in, or reliance on, the Services;
(e) any claim made against us by a third party arising out of or in connection with the Services to the extent that such claim arises out of your conduct;
(f) any negligent or unlawful acts or omissions by you.
4.9 We may call an ambulance for you if we determine you require emergency medical services and calling an ambulance is required to meet our duty of care obligations to you. If you are not covered for ambulance costs (through a health fund or otherwise), then you must pay those costs with your own money and indemnify us against, and hold us harmless from, any Losses you incur as a consequence of us calling an ambulance for you in these circumstances.
4.10 The disclaimers, limitations of liability and indemnities in this clause 4 apply to the fullest extent permitted by law and shall survive termination or expiry of this Agreement.
5. Intellectual property and promotional activities
5.1 You acknowledge and agree that all intellectual property rights (copyright, trade-marks, designs, patents, business and domain names, inventions and confidential information) owned by us and which you may have access to in connection with the Services will remain our sole property, and you must not use our intellectual property without our prior written consent or in any way which could adversely impact the value of our intellectual property rights. All use, reproduction, or redistribution of any of our intellectual property in any form and without our prior written consent is prohibited to the fullest extent permitted by law and you indemnify us for any Loss we incur as a consequence.
5.2 You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you in connection with the provision of the Services and/or request written testimonials or reviews which you irrevocably consent to us using for any purpose including promotional and marketing purposes.
6.1 Any waiver of a right, power or remedy arising in connection with this Agreement only exists if that person makes such waiver in writing.
6.2 If this Agreement (or any part of it) is or becomes invalid or unenforceable, it is severed to the extent that it is invalid or unenforceable. Where the Agreement is deemed invalid or unenforceable due to a defect in form, witnessing or similar requirements, but is otherwise capable of forming a contract at law, the parties intend and agree that they have entered into a legally binding contract comprising the terms set out in this Agreement. Where required to create that alternative form of legally binding contract, the parties acknowledge and agree that valuable considerable has been exchanged for the Services.
6.3 The rights and obligations of the parties set out in this Agreement will not merge upon completion or termination.
6.4 Nothing in this Agreement gives a party authority to bind any other party in any way. Nothing in this Agreement imposes any fiduciary duties on a party in relation to any other party.
6.5 The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive to the rights, powers or remedies provided by law.
6.6 This Agreement states all the terms agreed by the parties and supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
6.7 This Agreement is governed by the law in force in New South Wales and each party submits to the exclusive jurisdiction of courts in New South Wales and relevant courts of appeal in respect of any proceedings arising in connection with this Agreement.
6.8 In this Agreement:
(a) References to a party include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
(b) The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
(c) No provision of this Agreement will be construed adversely to a party because that party was responsible for the preparation of that provision or this Agreement.
(d) Where this Agreement is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.
(e) A reference to writing or written includes email.
(f) Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
- 1.1 We will provide the Services to the Participants at the Property for the Term, with due care and skill and subject to the terms and conditions of this Agreement. During the Term we will provide:1.1.1 a private bedroom
