Terms of Service

1. Introduction

Toolkit owned and operated by Golden Carers Pty Ltd ("Golden Carers" or "we" or "Toolkit" or "Golden Carers Shop" or "service/s" or "product/s"), ACN 632 357 594. This User Agreement (the "Agreement") is a legal document which sets out your rights and obligations, and those of Golden Carers.

You must take the time to read and understand this Agreement before registering for a Toolkit account. By registering, you accept that you are entering into a contract with us on the terms of this Agreement.

2. Our Services

Toolkit is a SaaS (Software as a Service) application that is available upon payment of an annual fee or subscription to a monthly recurring fee. We also sometimes refer to this as a Toolkit Membership.

We reserve the right to change the pricing and/or availability of this software for any reason and without notice.

Golden Carers is not responsible for non-delivery or technical limitations of the end user for any reason. We provide a frequently asked questions page and Contact form if you need help.

3. Content

If you object to anything on our website, please let us know by contacting us via our Contact form, with as much detail as possible. We take your views into account and will take whatever action we deem appropriate (including, sometimes, no action).

We do occasionally make mistakes and are grateful when you alert us to them. We will correct mistakes where appropriate and possible but have no obligation to do so.

We always do our best to be accurate, but Golden Carers does not guarantee the accuracy of any content provided.

We are not responsible if information on our website is not accurate, complete or current.

We are not responsible for the way you use the information on our website.

4. Toolkit Membership

• Toolkit Membership is a time-limited account on our website provided to you upon payment of a fee.
• We provide Members (you) with a password protected user account. You are responsible for maintaining the confidentiality of the account, and for all activities that occur in your account. You agree to notify Golden Carers immediately of unauthorised use or breach of security, and ensure that you exit from your account at the end of each session if you share access to a computer or device.
• Please remember that your account is strictly for your use only and you may not share your username and password with others.
• You agree to abide by the Golden Carers Copyright terms. See point 13 below.
• You agree that a breach of any of the general Terms and Conditions will lead to your Toolkit Membership being immediately suspended. It is at Golden Carer’s absolute discretion as to whether your account will be reinstated.
• You understand and agree that we will monitor your usage of our website to allow us to determine whether a violation has, or is, occurring.
• You understand and agree that our refund policy is strictly 7 days from the date of payment of your Membership.
• For your safety, credit/debit card details are not stored on our servers nor shared with third parties.
• You acknowledge that all our website content remains the property of Golden Carers at all times.
• It is up to you to provide a working email address for your account, so that we may provide our services to you. Golden Carers is not responsible for non-receipt of transactional or essential emails.

5. International Use

Users from all over the world have access to our website. You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

6. Indemnity

You agree to indemnify Golden Carers from any and all liabilities, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) that may arise from your use of Golden Carers or your violation of these Terms and Conditions. This indemnity includes both any liability to third parties, and other costs and losses incurred by Golden Carers.

7. Usage and Modification of Our Services

Golden Carers reserves the right at any time to modify or discontinue, temporarily or permanently, any of our services, with or without notice.

You agree that Golden Carers shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

8. Consequences of Violating This Agreement

If you violate, breach or act against the letter or spirit of these Terms and Conditions, Golden Carers reserves the right to suspend or terminate your access to our website and our Members-only content, even if your Membership period is not finished. We may take any other action against you if we feel it is appropriate.

9. Links to Other Websites or Resources

Where links are provided to other websites or resources, Golden Carers has no control over these sites and resources and is not responsible for their availability, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You acknowledge and agree that Golden Carers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Use of Golden Carers Materials

All content and functionality presented on our website are subject to copyright. You may not reproduce, extract, share or otherwise make available to third parties any part of our website. We protect our property.

11. Availability of our Website

We do our best, but do not guarantee that our website will operate continuously without interruptions or be error free.

12. Limitations of liability

Golden Carers’ liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Golden Carers service shall be limited to the amount paid by you (if any) in the 12 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that in no event will Golden Carers or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Golden Carers, its affiliates, suppliers or Resellers have been advised of the possibility of such damages.

13. Intellectual property

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Golden Carers or other third-party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners including us.

Any material or information downloaded from our website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from our website without prior written authorisation from a director of Golden Carers.

14. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Statement.

Privacy Policy

What this policy covers

Toolkit owned and operated by Golden Carers Pty Ltd ("Golden Carers" or "we" or "Toolkit" or "service/s" or "product/s"), ACN 632 357 594. At Toolkit we take your privacy very seriously. We aim to earn and keep your trust by not only providing an excellent service through the website to Members, but also by making every effort to keep our website safe, maintain very high standards in respecting your privacy and explain in simple language how we operate.

This policy is intended to help you understand:

• What information we collect about you
• How we use information we collect
• How we share information we collect
• How we store and secure information we collect
• How to access and control your information
• How we transfer information we collect internationally
• Other important privacy information

This policy is effective from 25/05/2018.

What information we collect about you

We collect information about you when you provide it to us, and when you use our product/s.

Information you provide to us

We collect information about you when you input it into our products or otherwise provide it directly to us.

• Account information: We collect information about you when you register for an account, modify your profile, sign-up for our newsletter or make purchases through our products. For example, you provide your contact information when you register. We keep track of your preferences when you select settings within our product.
  
  
• Data you enter into our Products: This content includes any information about you that you may choose to provide and includes data, files, links and images. Examples of content we collect and store include:
  
  • All Products
  • Email address and name when signing up to a newsletter
  • Address and location information provided when registering
  • Golden Carers:
  • Information you provide when commenting on the Forum or Activities on Golden Carers
  • Golden Care Tools
  • Client details that you choose to provide such as name, date of birth, gender, room number, s and any other client information you enter into the system, including through attendance, progress notes, care plans, and interests.
  • Staff names, emails, and positions, as entered by you to provide them with access to the system.
  • It is your responsibility to ensure you have permission to enter in the above data before doing so.


• Customer Support: When you have a question or require assistance, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other screenshots or information that would be helpful in resolving the issue.
  
  
• Payment Information: We store a record of your transactions as required by law however we do not store your credit card or bank details. Credit card payments are processed by a trusted third-party payment processor for optimal security.

Information we collect automatically

We collect information about you when you use our Products, including browsing our websites and taking certain actions within our services.

• Your use of our product: We keep track of certain information about you when you visit and interact with any of our Services. This information includes features you use; the activities you view and print; frequently used search terms; and how you interact with others on our product. This helps us provide relevant content to our Members.
  
  
• Statistical Information:To improve the website for our visitors and Members, we collect anonymized and aggregated (grouped) information (such as pages viewed, length of visit, browser and device). How much of this information we collect depends on the type and settings of the device you use to access our product.
  
  
• Cookies and Other Tracking Technologies: Golden Carers and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers, and pixels) to provide functionality and to recognize you across different Services and devices. To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services.

How we use information we collect

How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.

• To personalize your experience with our product: We use information about you to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain our product for you. For example, we use your first name to identify you to other Service users.
  
  
• To communicate with you about our product: We use your contact information to send transactional communications via email and within our product, including confirming your purchases and reminding you of subscription expirations. Depending on your settings, we send you email notifications when you or others interact on our product, for example, when someone replies to a comment thread you are following.
  
  
• To market, promote, and drive engagement: We use your contact information and information about how you use our product to send promotional communications that may be of specific interest to you. These communications are aimed at driving engagement and maximizing what you get out of our product, including information about new features, survey requests and newsletters.
  
  
• Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, and to repair and improve our products.
  
  
• For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
  
  
• To protect our legitimate business interests: Where required by law or where we believe it is necessary to protect our legal rights and interests, we may use information about you in connection with legal claims, compliance, and audit functions.
  
  
• With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote our product, with your permission.
  
  
• Legal bases for processing (for EEA users): If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have a legal bases for doing so under applicable EU laws. The legal bases depends on our product you use and how you use them. This means we collect and use your information only where:
  • We need it to provide you our product, including to operate our product, provide customer support and personalized features and to protect the safety and security of our product;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our product and to protect our legal rights and interests;
  • You give us consent to do so for a specific purpose; or
  • We need to process your data to comply with a legal obligation.
  
  
• If you change your mind: If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our product.

How we share information we collect

We share information we collect about you in the ways discussed below. We will never sell information about you to advertisers or other third parties.

Sharing with other Service users

When you use our product, we share certain information about you with other Service users.

• Managed accounts and administrators: If you register or access our products using an email address with a domain that is owned by your employer or organization, certain information about you including your name, email, and account use may become accessible to that organization's administrator. For example, an administrator of your organization may request that we set up a Golden Carers Group account to more easily keep track of users and billing.
  
  
• Community Forums: The Golden Carers website offers a publicly accessible forum with comments, and activity pages and blog posts with comments. You should be aware that any information you provide - including profile information associated with the account you use to post the information - may be read, collected, and used by any member of the public who accesses websites (first name, comments, posts, activities submitted, and state and country location). Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these products and services. To request removal of your information from publicly accessible websites operated by us, please contact us. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

Sharing with third parties

We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.

• Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information.
  
  
• Links to Third-Party Sites: Our Product may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
  
  
• Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Twitter "tweet" button that collect your IP address and which page you are visiting, and may set a cookie to enable the feature to function properly.These features are either hosted by a third party or hosted directly on our Services. Your interactions with them are governed by the privacy policy of the company providing it.
  
  
• With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display testimonials on our public websites. With your consent, we may post your name alongside the testimonial.
  
  
• Compliance with Enforcement Requests and Applicable Laws: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to
  (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements,
  (b) enforce our agreements, policies and terms of service,
  (c) protect the security or integrity of our products and services,
  (d) protect Golden Carers, our customers or the public from harm or illegal activities, or
  (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
  For more information on how we respond to government requests.

How we store and secure information we collect

Information storage and security

We use data hosting service providers in the United States to host the information we collect. Our host has state-of-the-art security processes in place, including enterprise-grade WAF (Website Application Firewalls), DDoS protection, Browser Integrity Checks, OWASP ModSecurity and network monitoring. Data at rest is secured with several months of rolling versioned backups at an offsite location managed by an enterprise level backup supplier who also have their own redundancies in place. Data in transit is secured over 256-bit Secure Sockets Layer encryption.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will respond to requests about this within a reasonable timeframe.

How long we keep information

How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

• Account information: We retain your account information until you request to delete your account. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services.
  
  
• Information you share on our product: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of our product. For example, we continue to display comments and activities you have posted on Golden Carers.
  
  
• Managed accounts: If our product is made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.
  
  
• Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences unless you specifically ask us to delete such information. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

How to access and control your information

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. We will respond to requests about this within a reasonable timeframe.

Your Choices:

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.

You can exercise some of the choices by logging into our product and using settings available within our product or your account. Where our product is administered for you by an administrator, you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep.

If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

• Access and update your information: Our products give you the ability to access and update certain information about you from within the product. For example, you can access your profile information and see content on your profile page. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
  
  
• Deactivate subscription or let a subscription expire: Apart from our Golden Care Tools monthly payment plan, none of our other memberships automatically renew. You can deactivate your Golden Care Tools monthly subscription at any time from within your account settings. Otherwise, please contact your administrator. If you have a yearly membership you can let it expire without worrying about future charges. Please be aware that this does not delete your information.
  
  
• Delete your information: Our products give you the ability to delete certain information about you from within the Service. For example, you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations. Your account, comments, and any other information you have personally input can be deleted upon request, but may be kept in backup facilities for up to 90 days.
  
  
• Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place. You can also opt-out of our use of your information for marketing purposes by contacting us. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.
  
  
• Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
  
  
• Turn off Cookie Controls: Relevant browser-based cookie controls are described above.
  
  
• Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
  
  
• Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information. Golden Care Tools data can be exported via the Reports CSV file download.

How we transfer information we collect internationally

International transfers of information we collect

We collect information globally and primarily store that information in the United States and Australia. We transfer, process and store your information outside of your country of residence, to wherever we, Golden Carers, or our third-party service providers operate for the purpose of providing you our product. Whenever we transfer your information, we take measures to protect it.

• International transfers within Golden Carers: To facilitate our global operations, we transfer information to the United States and allow access to that information from countries in which Golden Carers have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you within and among Golden Carers, we make use of industry data protection norms.

Other important privacy information

Notice to End Users

Our products are intended for both personal use and use by organizations. Where our product are made available to you through an organization (e.g. your employer), that organization is the administrator of our product and is responsible for the end-users and/or Service sites over which it has control.

If this is the case, please direct your data privacy questions to your administrator, as your use of our product is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy.

Even if our products are not currently administered to you by an organization, if you are a member of a team administered by an organization, or if you use an email address provided by an organization (such as your work email address) to access our product, then the administrator of that team or the owner of the domain associated with your organizational email address (e.g. your employer) may assert administrative control over your account and use of our product at a later date. You will be notified if this happens.

Administrators are able to restrict your access, and in some cases:

• require you to reset your account password;
• restrict, suspend or terminate your access to our product or your account;
• control your ability to edit, restrict, modify or delete account information;
• change your account information, including profile information or the email address associated with your account;
• access information in and about your account;
• access or retain information stored as part of your account.

If you do not want an administrator to be able to assert control over your account or use of our product, you should deactivate your membership or remove any email addresses containing a domain owned or controlled by the administrator entirely from your account.

Once an administrator asserts control over your account or use of our product, you may no longer be able to withdraw membership or change the email address associated with your account without administrator approval.

Please contact your organization or refer to your administrator's organizational policies for more information.

Our policy towards children

Our Product are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.

Changes to our Privacy Policy

We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on our product homepages, login screens, or by sending you an email notification. We encourage you to review our privacy policy whenever you use our product to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this privacy policy, you will need to stop using our product and deactivate your account(s), as outlined above.

Contact Us

Your information is controlled by Golden Carers. If you have questions or concerns about how your information is handled, please direct your inquiry to Golden Carers.

Address
Golden Carers
829 Fig Tree Pocket Rd
Fig Tree Pocket
4069 Brisbane QLD
Australia

Phone
+61 7 3103 0101

Email
[email protected]