Terms and Conditions

Last Updated: 9 October 2024

Welcome to nomadiccare.com.au. These Terms and Conditions (“Terms”) govern your use of the website and services provided by Nomadic Care Pty Ltd (“Nomadic Care,” “we,” “us,” or “our”). By accessing or using our website and services, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Definitions

1.1 “Website” refers to nomadiccare.com.au.
1.2 “Services” refers to the care plan management system provided by Nomadic Care for care agencies, aged care, GPs, hospitals, and allied health service providers.
1.3 “User,” “you,” and “your” refer to the individual or entity accessing or using the Website and Services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

2.2 Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

2.3 Account Security

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 unauthorised use of your account or any other breach of security.

3. Services Provided

3.1 Care Plan Management System

Nomadic Care provides a care plan management system designed to assist care agencies, aged care providers, GPs, hospitals, and allied health service providers in managing care plans for their patients and clients. This may include tracking patients’ vital health information through Google Health Connect and Apple HealthKit, such as:

  • Steps taken
  • Calories burned
  • Weight
  • Body temperature
  • Heart rate
  • Blood pressure
  • Blood glucose levels
  • Blood oxygen levels
  • Sleep patterns and quality
  • Respiratory rate
  • Menstrual cycle tracking
  • Exercise and activity data
  • Nutrition data
  • Hydration levels
  • Body composition (e.g., fat percentage, muscle mass)
  • Hearing health data

3.2 Telehealth and Video Conferencing

The system may also support telehealth sessions through video conferencing, allowing healthcare providers to conduct consultations remotely and monitor patient progress in real-time.

3.3 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Nomadic Care shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4. Payment and Fees

4.1 Pricing

Prices for our Services are specified on the Website and are subject to change without notice. By purchasing our Services, you agree to pay the specified fees.

4.2 Billing

You will be billed in accordance with the billing terms in effect at the time of your purchase. Payment for Services is due and payable in advance.

4.3 Refunds

All fees are non-refundable unless otherwise stated in a written agreement between you and Nomadic Care.

5. User Obligations

5.1 Compliance

You agree to comply with all applicable laws and regulations when using our Services.

5.2 Prohibited Activities

You agree not to:

  • Use the Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Website or interfere with any other party’s use of the Services.
  • Attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to the Website.
  • Use any automated means, including robots, spiders, or data mining techniques, to access, scrape, or collect any information from the Website.

6. Intellectual Property

6.1 Ownership

All content, features, and functionality on the Website, including but not limited to text, graphics, logos, icons, and images, are the exclusive property of Nomadic Care and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License

Subject to your compliance with these Terms, Nomadic Care grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services for your internal business purposes.

7. Privacy

Your use of the Website and Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your data, including sensitive health-related data from Google Health Connect and Apple HealthKit. By using the Website and Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. Please refer to our Privacy Policy for further details.

8. Limitation of Liability

To the fullest extent permitted by law, Nomadic Care shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Services.
  • Any unauthorised access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Services.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nomadic Care, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, 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 violation of these Terms or your use of the Website and Services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, Australia, for the purpose of litigating all such claims or disputes.

11. Changes to Terms

Nomadic Care reserves the right, in its sole discretion, to change the Terms under which the Website and Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to review the Terms periodically to stay informed of our updates.

12. Contact Information

If you have any questions about these Terms, please contact us:

By email: support@nomadiccare.com.au
By mail: Nomadic Care, PO Box 4151 Balwyn East 3103, Victoria, Australia

Thank you for using Nomadic Care. We look forward to serving you.