Policies

Policies Overview

The Aged Care Guide website has been created by DPS Publishing for the express purpose of promoting its products and services to the public. All parts of this website are only for an individual's viewing and no material, either content or visual may be used; in part or whole, except with the premission from Aged Care Guide. Aged Care Guide monitors the quality of the information available on this website and updates the information regularly.

Security of the Aged Care Guide website

Aged Care Guide applies a range of security controls to protect its website from unauthorised access. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.

Aged Care Guide accepts no liability for any interference with or damage to a user's computer system, software or data occurring in connection with or relating to this web site or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage the user's computer system, software or data.

However, Aged Care Guide does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this web site or on any linked site. Aged Care Guide recommends that users exercise their own skill and care with respect to their use of this web site and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the web site for their purposes.

Links to external websites

This web site contains links to other websites that are external to the Aged Care Guide website. Aged Care Guide takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.

Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit.

Privacy Policy

Information collection / your privacy

We make every effort to adhere to the Guidelines for developed by the Australian Privacy Commissioner. In particular, we seek to comply with Information Privacy Principles 1 to 3 and 10 and 11 of the Privacy Act 1988 (a copy of the Act is available at SCALEplus the legal information retrieval system owned by the Australian Attorney Generals Department).

This page explains the type of information that is collected by us, how such information is used, and under what circumstances and to whom it may be disclosed.

DPS Publishing Pty Ltd (we, us, our) collects your personal information in order to provide you with product information and services, handle or respond to your requests, enable the sale of any products that may be available for purchase through our site, and otherwise facilitate your use of our site and products that we provide.

We may be unable to provide these products and services, or adequately respond to your requests and needs, if we do not collect this personal information.

We may use your personal information for the purposes of direct marketing, and by providing us with your personal information you consent to us doing so. However, if you do not wish to receive marketing or promotional communications from us, please notify our Privacy Officer (whose details are available in our Privacy Policy) or use the opt-out mechanism provided in those communications.

We do not usually disclose your personal information to third parties; however we may do so to certain contractors and related bodies corporate in some circumstances. Generally we are not likely to disclose your personal information to overseas recipients.

Our Privacy Policy contains information about how you may access your personal information held by us and seek correction of such information. It also contains information about how you may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint

This site contains links to other sites. We are not responsible for the privacy practices or the content of such websites. We have no knowledge if cookies or other tracking devices are used on linked websites.

Clickstream data and cookies

When visiting this website our site server makes a record of the visit and logs the following information for statistical purposes:

• the user's operating system (for example Windows, Mac etc.) - this allows us to tailor browser or platform specific parts of the site to each operating system because browsers act differently on each platform;
• the user's server address - this allows us to consider the visitors who use the site most, and tailor the site to their interests and needs;
• the user's top level domain name (for example .com, .gov, .au etc.) - this can allow us to tailor information relevant to different domains;
• the date and time of the visit to the site - this is important for identifying the website's busy times and ensuring maintenance on the site is conducted outside these periods;
• pages accessed and documents downloaded - this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find;
• duration of the visit - this indicates to us how interesting and informative our site is to our users;
• geographic location - this shows us how well marketed our site is internationally;
• the site visited prior to our website - this helps us determine the interests of our users and which sites are providing links to ours as well as sites where we may be able to seek links;
• the type of browser used - this is important for browser specific coding e.g. Javascript.

No attempt will be made to identify users or their browsing activities unless legally compelled to do so, such as in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet Service Provider's log files.

Need further information?

You can obtain further information from the Privacy Commissioner's web site.

Terms & Conditions

1. In these terms of use "DPS", "we", "us" and "our" means DPS Publishing Pty Ltd.
2. You agree to be bound by these terms of use by accessing, browsing, opening or otherwise using any part of this website.
3. While DPS has made every effort to ensure the accuracy and currency of the material on this website ("Material"), it is subject to change and there may be inaccuracies, errors and omissions.
4. DPS reserves the right to change, and or remove any Material in or from the website without notice.
5. You must take your own precautions to ensure that whatever you select for use from this website is free from viruses or anything else that may interfere with or damage the operation of your computer system.

Overview

The Aged Care Guide website has been created by DPS for the express purpose of promoting its products and services to the public. All parts of this website are only for an individual's viewing and no Material, either content or visual may be used; in part or whole, except with the permission of DPS.

Your conduct

6. You must not:
   • use this website in breach of any applicable laws or regulations;
   • use this website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
     • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
     • contains, promotes, or provides information about unlawful activities or conduct;
     • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
     • exploits another person in any manner;
     • contains nudity, excessive violence, or sexual acts or references;
     • includes an image or personal information of another person or persons unless you have their consent;
     • poses or creates a privacy or security risk to any person;
     • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
     • contains large amounts of untargeted, unwanted or repetitive content;
     • contains restricted or password only access pages, or hidden content;
     • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
     • contains financial, legal, medical or other professional advice;
   • use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of this website;
   • use this website with the assistance of any automated scripting tool or software;
   • frame or mirror any part of this website without our prior written authorisation;
   • use code or other devices containing any reference to this website to direct other persons to any other web page;
   • except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of this website or cause any other person to do so; or
   • delete any attributions or legal or proprietary notices on this website.

Your material

7. By uploading, transmitting, posting or otherwise making available any Material via this website, you:
   • grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material;
   • warrant that you have the right to grant the abovementioned licence; and
   • unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
8. We reserve the right (but have no obligation) to review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these terms or otherwise has the potential to harm, endanger or violate the rights of any person.
9. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on this website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on this website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Disclaimer and limitation of liability

10. The Material on this website is intended only to provide general information. We recommend that you exercise your own skill and care with respect to your use of this website and that you carefully evaluate the accuracy, currency, completeness and relevance of the Material on the website for your purposes.
11. To the extent permitted by law, DPS:
    • Excludes all implied conditions and warranties;
    • Is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of this website; and
    • Excludes liability howsoever arising for any special, indirect or consequential loss or damage, including without limitation loss of revenue and loss of, or damage to, data, suffered or incurred in connection with this website.
12. Without limiting the general disclaimer, DPS:
    • Makes no warranty as to the completeness or accuracy of any Material or as to its fitness for a particular purpose;
    • Does not warrant that the Material or the Material on any linked website does not infringe the intellectual property rights of any person;
    • Does not warrant that the functions contained in this website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic Material in the website and other third-party website free of viruses or other harmful components.
    • Will not be liable for disruptions to this website; and
    • Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or any external site to which a link is provided.
13. Where any law implies a warranty into these terms of use that cannot lawfully be excluded, then to the maximum extent permitted by law, DPS' liability is limited to resupplying the Material or cost of resupply of the Material at DPS' sole discretion.

Indemnity

14. You must indemnify DPS and keep DPS fully indemnified against all liabilities, damages, claims, losses, costs and expenses which DPS may incur to a third party or you as a result of your use of this website or as a result of breach by you of these terms of use.

Links to or from other sites

15. For your convenience and information, this website contains links to other third party websites. Such websites do not form part of this website and are not under our control and we do not accept any responsibility in connection with any such website. If you link to any such websites, you leave this website entirely at your own risk. DPS makes no representation or warranty as to the accuracy or any other aspect of the information on those linked sites.
16. This website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
17. If you contact a third party using functionality provided on this website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
18. You must not create or maintain any link from another website to this website without our prior written consent.

Intellectual property rights

19. Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all copyright or use it under licence or applicable law.
20. You may only access and use the Material for your own personal, non-commercial purpose. You may print out any Material in this website for your personal use only.
21. No Material in this website is to be used, copied, modified, transmitted, stored, published or distributed without the prior written consent of DPS.
22. We own the trademark "DPS Guide to Aged Care" and other trade marks included in this website and reserve all rights in relation to them. Other product and company names referred to on this website may be owned by third parties.
23. The website, products, technologies and process contained or referred to in this website may be the subject of other intellectual property rights owned by DPS or third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms of use.

Subscription Services

24. Those persons with access to DPS' Client and member login areas ("Subscribers") must not distribute their passwords or usernames to any other person, body or Corporation.
25. DPS may occasionally send Subsribers an email or letter containing information that may be of benefit; details about improvements to the website and offers that may be useful.
26. In the event that a Subscriber's conduct is found to be in violation of these terms of use, the intellectual property rights of any party or DPS' privacy policy, DPS may immediately suspend or terminate that Subscriber's subscription without notice.

Privacy

27. We may automatically record details about any computer used to access the website (including the IP address, domain name and browser time), the date and time of access and details of the information downloaded.
28. Any other information supplied to DPS, is treated in accordance with DPS' privacy policy.

Severability

29. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

No waiver

30. No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under these terms shall not constitute a waiver of such right.

Applicable law

31. These Conditions shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises under these terms.

Copyright

This website is copyright and cannot be downloaded, displayed or printed for any commercial gain or use.

Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved. Requests for further authorisation should be directed to DPS Publishing by contacting us.

You are not permitted to re-transmit, distribute or commercialise the information or material without seeking prior written approval from DPS Publishing. You are also not permitted to enter, access or duplicate the web site source code, systems, databases, data or mechanics the comprise the website and its various business functions.

It is absolutely forbidden to copy the data on the website and use it for business or commercial purposes. It is forbidden to use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site.

Intellectual Property

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the website is owned, controlled by, or licensed to DPS. Except for viewing the Content for your own personal non-commercial use, DPS does not grant you any rights to use the website or Content for any other purpose unless it expressly consents in writing.

DPS Guide to Aged Care Copyright Notice

Dear Purchaser

Thank you for purchasing the DPS Guide to Aged Care.

The information contained within the DPS Guide assists older people, their families and carers to make informed decisions about services they may require.

Some professionals also use the DPS Guide when they are consulting with people who may require detailed information.

Businesses that use the DPS Guide as their 'bible' to providers of aged care services in Australia benefit from the detailed lists.

It is important to remember, however, that it is a breach of copyright laws to directly copy the information from the DPS Guide.

Copyright is a legal protection for certain categories of material, including writing, visual images, music and moving images. Copyright protection gives the copyright owner the right to control certain uses of such material, including reproduction and electronic communication to the public. Usually, the copyright owner is the only one entitled to use the material in these ways, and anyone else who does so without permission will infringe copyright.

Copying may be defined as either a direct image copy (such as a photocopy) as well as transferring the text (data) into your own data base (such as typing the lists of aged care homes, addresses, phone numbers into a spread sheet, word document or data base).

DPS has integrated some data into the system that is unique to the DPS Guide to enable DPS to track where breaches of the Copyright Act occur.

Copyright breaches are a criminal offence and significant fines are applied by the courts.

If you have any questions at all please do not hesitate to call or email us.

Phone: (08) 8276 7999 or Email us