Website:
https://caretrack.me
TERMS AND CONDITIONS
Generally
Please read these Terms and Conditions carefully. These Terms and Conditions govern the use of this website application MyActivityPlan® or “MAP” and when used, the term “MAP” shall apply to any one or all of the MAP’s four (4) components:
Preliminary Information;
MyAP® - The personal information collection instrument; and
MyAP® - Directions. The personal information collection instrument and if any
MyAP® – Comparisons. Created if more than one MAP has been completed
By using the single-use application MyActivityPlan® or MAP, a person or organisation accepts these Terms and Conditions of use, that are made available by Care Track Pty.Limited (Care Track), a company registered in Australia with the Australian Securities and Investment Corporation.
Reasonableness
By using this website application MAP, you agree that the exclusions and limitations set out in this disclaimer are reasonable. If not, you should not use this website application.
Access to the Website Application
There are two points of singular access to a specific section of this website application:
Owner – using a Personal Identification Number (PIN) and Password to the MAP;
Agent – using a Username and Password to access the Agent’s Portal.
Personal Identification Number or PIN
The PIN is a number allocated by the Agent to the Owner enabling access to this website application for the purpose of completing a single-use MAP. The date the Owner commences their single-use MAP (Date Commenced), together with their PIN, are the MyAP® database primary key fields which uniquely identify each record (row) of personal information in the database table.
Website Application Purpose
The application MyActivityPlan® or MAP exists to allow a person to electronically tell their story – their well-being and their immediate surroundings. With the exception of including some Preliminary Information, the application is a multiple-choice question and answer structure. Only one section requires a selection, with the remaining sections completed on a voluntary basis. The application allows the person (Owner) to include personal information that is what they believe to be true with certain matters that may need review – focusing on a direction forward and/or goal. This provision should not be viewed as a self-assessment. Any action by any person to dissuade or divert this provision will cause further action under Terms and Conditions – Removal of Access.
Owner
The person, who may be of any age and to whom the included personal information relates, including Help and Descriptions in this application’s database, is known as: the Owner (of their Personal Information), held in the application database.
Identification of the Owner and Others
There is no facility or provision, in any part of this application, for the inclusion of a name, address, gender, age, religion or the like to identify the Owner, or any person included as Family Help or Other Help. The Owner and any persons who provide help / support to the Owner, remain anonymous.
Authorised Person
If applicable, the Authorised Person - shall be at least eighteen (18) years of age and who is lawfully able to act for and on behalf of the Owner -
- may assist the Owner to secure a single-use access to this website application;
- may, but not necessarily, assist the Owner complete a MAP;
- may nominate to register, in the MAP process, one email address for the purpose of transmission of the hardcopies (in Printable Document Format - .pdf) of MyAP® , MyAP® - Directions, and MyAP® - Comparisons if available.
Writer
The term Writer, appearing in a part of this website application, is a person that operates a computer / other electronic device for the purpose of completing MAP.
A Writer may be:
- the Owner, documented as “Self-Written” in the Preliminary Information page;
- an Authorised Person;
- the Owner’s spouse and / or recognised carer, a family member or friend and documented by a general description only (no name), in the Preliminary Information.
- only a person of at least eighteen (18) years of age.
If the Owner, or their Authorised Person, intends to nominate a certain person as the Writer to assist the Owner with the completion of MAP, the Owner and/or the Authorised Person may wish to consult a legal practitioner prior to doing so.
Owner’s Beliefs
The Owner retains the right to have information or content included that is their personal belief when it is possible to reasonably establish. When the Owner may have limited communication, the Writer, when not the Owner, will not include any information or content in an Owner’s MAP that:
- is not factual;
- cannot be medically supported;
- could be found to be the Writer’s opinion;
- could be found to be an assessment of needs.
Agent
The Agent is a registered nurse with a minimum of five (5) years post-graduate experience preferably holding post-graduate aged care qualifications. The Agent, is able to practice under an Agency registered trading name and may be as an individual, as a partner in a registered partnership with at least one other Agent, or in a co-operative of Agents, where administrative resources are shared.
The Agent is solely responsible for the issue of a Personal Identification Number or PIN to a person who wishes to begin the process of creating their personal MAP, thereby becoming an Owner. The procedures and protocols surrounding this process promote Owner autonomy and protection.
The Agent will endeavour to ensure the Owner and commences and completes their allocated MAP within the timeframes set out in these Terms and Conditions. The Agent is entitled to review the progress towards completion of a MAP, within a period not less than three (3) calendar months and not exceeding six (6) calendar months.
The Agent will be made fully aware, by appropriate documentation, of the existence of any Authorised Person acting on behalf of the proposed Owner or later on behalf of the Owner.
Agency
Agency cannot be a not-for-profit incorporated organisation, or a company limited by shares and duly registered within each State or Federal Government jurisdiction and cannot be a publicly listed company.
The Agency may practice from more than one location. Each location will be known as a site and may have more than one Agent practising from that site and:
- will have a separate site registration for each Agent at that site;
- will have a unique Username and Password for each Agent at that site;
- will have provided full and accurate location details for each site;
- have site-wide procedures and protocols that ensure the complete electronic separation of any personal information relating to the Owner and an allocated PIN;
- each Agent will individually pre-purchase a maximum of ten (10) single-use MAP’s from Care Track (inclusive of any applicable taxes), at any one time, to be individually allocated in accordance with these Terms and Conditions.
Security of Information held by the Agent
The means by which a person came to the attention of an Agent, prior to the allocation of a PIN, is of no concern to Care Track. However, it is most likely that the person was formally referred to the Agent by the person’s local doctor or medical specialist. Any name/s, contact / email information is to be held in hardcopy format only. That is, written on paper only.
Any association with any allocated PIN to any contact name and/or contact information, particularly on a separate computer/electronic database, will contravene these Terms and Conditions and cause action to be taken under the Removal of Access provisions.
Pre-Allocation of a PIN
Following this initial contact, the Agent will:
- establish if the person is able to operate a computer or other electronic device;
- whether there is a likely need for a Writer to be included in the process and if there exists a person able to assist and meets the provisions of these Terms and Conditions;
- examine, if neither of the above are possible and as a last option, the potential for the person to use the non-electronic, hardcopy copy, hand written version of a MAP. If this option is possible, the Agent shall determine if the person will agree to the hand-written information, once completed, being transported to / entered on the MAP electronic database. The Agent’s approved procedures and protocols will be applied in this instance.
- advise the Owner and/or the Authorised Person, upon the above being resolved, the process by which the process can commence, including receipt of an email confirming the PIN and setting a strong password.
Allocation of a PIN
Following PIN pre-allocation steps above, an Agent shall be responsible for the allocation of a PIN to a person that may benefit from completing a MAP. These Terms and Conditions become effective the moment a PIN is allocated, meaning that the person becomes an Owner and any contact between the Owner and the Agent is subject to the provisions of these Terms and Conditions.
Commencement Date
The date the Owner commences their MAP is the Date Commenced and together with their PIN, are the MAP application database primary key fields which uniquely identify each record (row) of personal information in the MyAP® database.
Assistance with completing a MAP.
The Agent will not provide any electronic or telephone support to complete a MAP.
Care Track will not provide any electronic or telephone support to complete a MAP.
Security of information after PIN allocation.
The Owner and/or the Authorised Person shall retain full responsibility for the privacy and security of:
- the Owner’s Personal Identification Number (PIN) and password;
- the nominated email address;
- any information received from this website application by email if reproduced in any format whatsoever including, but not limited to, a portable document file (.pdf), electronic transmittable file or photocopy.
Unenforceable Provisions
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of these Terms and Conditions in any way.
Indemnification
The Agent, the Owner and / or their Authorised Person, having secured a single-use access to complete a MAP, agrees to indemnify and hold Care Track harmless from and against any and all losses / damages, liabilities, claims judgements, settlements, costs and expenses by reason of or arising out of connection with:
- any breach of these Terms and Conditions;
- any wrongful intention of an Agent;
- any wrongful association of an Owner’s name and their PIN;
- any wrongful use or wrongful distribution of a PIN;
- any wrongful action taken by an Owner or Authorised Person;
- any wrongful information contained in a MAP;
- any wrongful use of an email address or distribution of information contained in a MAP in any format including, but not limited to printed format and electronic format;
- failure of the Owner to commence a MAP within fourteen (14) days of payment, or complete a MAP within fourteen (14) days of commencement resulting in access to this website application being closed.
Removal of Access to this Website Application.
Care Track may remove Owner and/or Agent access to this single-use website application, with or without notice, for any conduct that breaches these Terms and Conditions and/or:
- that Care Track believes is harmful to the Aims of the application and/or it’s business;
- that Care Track believes is harmful to any person or persons;
- that Care Track believes a MAP includes any person’s name, an organisation’s name, an address or any reference to an age, gender, race, religion, or the like;
- that a link between the Owner’s name and/or address, age, gender, race, religion, or the like and the Owner’s PIN has been created and used for any purpose whatsoever, without the Owner’s knowledge and/or consent;
- that Care Track believes the Owner to be fictional;
- that a Writer is under the age of eighteen (18) years of age;
- that an Owner (and/or Authorised Person) has not commenced their MAP within fourteen (14) days of payment and / or has not completed their MAP within fourteen (14) days of commencement of their MAP.
Variation to this Website
Care Track reserves the right to change or modify this website at its sole discretion, with or without notice. Proposed changes to the website application, generally known as MAP, will be notified on the website Homepage, by giving fourteen day’s notice.
Variation to the Terms and Conditions
Care Track may, from time to time, vary these Terms and Conditions and will be applicable at the time of payment for access to complete a single-use MAP.
Owner with more than one PIN
Care Track shall be held harmless, in accordance with these Terms and Conditions – Indemnification, where different PINs have been applied to the same Owner. Care Track will not alter any records held on the website application database whatsoever, excepting as may be approved and set out under “Research” in these Terms and Conditions.
Refunds
Care Track uses a third-party financial institution to collect payment. For confidentiality reasons, information relating to the person making the payment, either or both financial and personal, is not passed on. Therefore, Care Track will not consider any refund for any reason whatsoever. Contravention of these Terms and Conditions resulting Removal of Access, following an investigation, will result in the Owner or their Authorised Person / Writer having their access removed.
Privacy
This website application has no provision for the collection of an individual name, incorporated name, company name, address, age, gender or the like. The actual identity, or name and address, of the Owner is unknown to this website application.
Access Closed
Upon despatch of the documents, by email, in portable document format (.pdf) known as MyAP®, MyAP® - Directions and, if applicable MyAP® - Comparisons, Owner access to their MAP will be closed. All records, held in respect of the PIN and Commencement Date, will be permanently archived. Unless directed to by a Court of Law within the appropriate jurisdiction, Care Track will not re-open access and will not disclose the email address to any person or organisation. If so directed, Care Track will email an advice, to both email addresses, of the Court’s direction.
Additional Information Facility
On completion of the process of an Owner creating their own MAP, any subsequent communication between an Owner and a health professional or support provider is solely at the discretion of the Owner or their Authorised Person. This subsequent communication may or may not include information contained in the Owner’s MAP.
The MAP instrument makes provision for a health service, nursing service, allied health service or non-health support provider to register as a Provider. As stated before, there are 39 generic issues available to an Owner to include information. Within each generic issue lie sub-generic issues, or a more specific identification of where a Provider maintains their specialty or primary focus of activity. Further, the location of their primary activity may ultimately impact on later Owner choices.
The additional Provider facility, whilst including full business particulars, allows the Provider to briefly describe their specialty / primary activity against one or a number of the generic issues, even though this activity may be viewed as a sub-generic (specific) issue. The MAP instrument is able examine if there exists a close Provider whose specialty / primary activity may be aligned to the Owner’s highest ranked concern and report the Provider’s information, for the Owner to review.
The Owner, therefore, will indemnify and hold Care Track harmless in the event of any matter arising from any communication or connection between an Owner and a Provider, including any information provided by the Provider in the supplementary information included in the MAP registration process or any subsequent services or guidance provided by the Provider to the Owner.
Provider
A Provider is a health service, a health practitioner, or a non-health support service and carrying on a business as a registered company, an incorporated association, a registered partnership or sole trader, shall be entitled to voluntarily apply for registration as a Provider with the internet website https//:caretrack.me, provided that:
the health service provider holds:
- a Government (Federal or State) issued registration enabling the Provider to practice in the area in which the licence has been issued; or
- a Government issued Provider Number; and
- membership of the relevant national or state association,
the non-health support provider holds:
- a Government pre-approval or recognition to operate the specific service; or
- a Government issued licence, if required and
- membership of the relevant national or state association.
The Provider agrees that their Specialty Type, Supplementary Information, Business name, Contact Person and telephone (contact) number may be included in MyAP® - Directions schedule. Upon completion of the Owner’s MAP, the schedule is emailed to the Owner for consideration, possibly further guidance. The Provider is not notified of any occurrence of an Owner receiving the Provider’s information. The Provider accepts that it is solely the Owner’s choice to contact the Provider, or not.
A Provider may operate from more than one location. Each location will be known as a site and may have more than one specialty type attached to a site and:
- will have a separate registration for each specialty type at that site;
- will have a unique Username and Password for each specialty type at each site;
- will have a unique email address for each specialty type;
- will have a unique contact person and telephone number for each specialty type.
A Provider will warrant the accuracy of their registration information with each site, together with any link created to any generic issue and with the supplementary information included in that link. Failure to provide this, or including other misleading information will result in immediate removal of the Provider’s registration from this application and the immediate reporting to the appropriate law jurisdiction.
A Provider shall have no right to any information generated by this website application, nor to any information relating to an Owner. Any attempt to source this information, without the Owner’s knowledge and/or consent, will be dealt with under applicable Federal or State privacy legislation.
Agent Provider Separation
A registered Agent shall have no interest, financial or otherwise, in any registered Provider. A registered Provider shall have no interest, financial or otherwise in any registered Agent.
A Provider will not make any approach to any Agent that has or implies any persuasion in favour of the Provider.
Any proven violation of this, by the Provider, will result in the immediate removal of the Provider from the MyAP® application database. Action in relation to any violation of this, by an Agent, will be dealt in accordance with these Terms and Conditions.
Access Re-opened.
The closure of a completed MAP will ensure that an Agent will be able, if required, to re-allocate a MAP to a person that has previously completed a MAP. Upon completion of another MAP, a MYAP – Comparisons schedule will be created that identifies changes, if any, between the last two (2) MAPs created by the same Owner, using the same Personal Identification Number or PIN.
Your IP (Internet Protocol) Address.
Care Track may, but not necessarily, use the computer’s (or other device’s) IP address to authenticate use of this website application. The IP address will not be retained on this website application database, unless there is concern relating to wrongful use of the website application.
Research
Care Track may make available archived information, collected using this website application, to Government authorised research projects. Prior to release of a copy of the database, the PIN will have been changed to a number and a project identifier. The Date will remain unaltered, but email address/es or IP addresses still held, if any, will be removed.
Assessment
Using any part or all of this website application, known as MAP, for the purpose of conducting an assessment of needs by others is contrary to the aim of this website application, which is to document what the Owner truly believes to be true. Care Track will, upon notification of the PIN involved and proof of the breach, immediately remove access, irrespective of the stage reached in the process. Further, all electronic records, held in relation to the specific PIN, will be deleted, including those already archived.
Availability
Care Track will not be liable if, for any reason, this website application is unavailable at any time or for any period and will not accept responsibility for any loss or damage resulting from the website application unavailability or restriction. From time to time Care Track may restrict access to some or all parts of the website application. Care Track will advise, by way of the website home page, of any planned restrictions at least fourteen (14) days in advance.
Waiver
No waiver of any part of these Terms and Conditions will be deemed to constitute a waiver of any other part of these Terms and Conditions, nor will it be deemed to be a continuing waiver. If these Terms and Conditions are breached and Care Track takes no action, Care Track will still be entitled to use its rights and remedies in any other situation where these Terms and Conditions are breached.
Governing Law
The Agency, the Owner, the Authorised Person, the Writer and the Provider irrevocably submit to the exclusive jurisdiction of the Courts of the State of New South Wales or the Federal Court of Australia in relation to any dispute arising from the use of this website application, known as MAP, and waive any right to institute any legal proceedings in any other jurisdiction. Care Track shall be entitled to institute legal proceedings, in relation to the use of this website application, for any reason, in the Agent’s, the Owner’s and / or Writer’s, the Provider’s jurisdiction of residence, business or assets.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including any photographic images) remains the property of Care Track Pty.Limited or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Care Track Pty.Limited and its licensors. An Owner is only permitted to print these Terms and Conditions following allocation of a PIN and prior to completion. Otherwise, any person including the Owner or Authorised person, is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content that is contained in this website and website application.
Complaints
The Owner, when available, will be able to access a feedback section following login using a PIN and password. As the Owner is unknown or uncontactable by Care Track, any feedback should include any suggested improvements to enhance the Owner’s experience in endeavouring to document what they believe