Terms of use
ACCEPTANCE
This website is operated by Forward Corporation (FC) Pty Ltd (ACN 656 170 697) trading business as Forward Healthcare (“Forward Healthcare”, In this Privacy Policy “we”, “our” or “us” means “Forward Corporation”, “FC”, “Forward Healthcare”, “FHCARE”. It is available at: [www.fhcare.com.au] (Site) and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use [and our Privacy Policy (available on our Site)] (Terms). You accept that you have read, understand, and agree to be bound by the following terms and conditions, which create a legally binding contract between you and FC, while may be updated from time to time.
Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
DISCLAIMER
- General disclaimers
The information contained in this website is not exhaustive and is intended solely for general guidance on matters of health interest only. Information contained in this website should not in any way be used as medical advice or used to replace professional assessment and advice. Nor should it be used to diagnose, treat, cure, or prevent any condition or disease. We recommend that you always seek out the appropriate allied or medical consultant in person to ensure that you receive the best advice for your specific treatment, symptom, or physical condition.
It is not advice because it does not take your specific needs, objectives, or circumstances into account.
- Warranty disclaimer,
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), All information on this Site, as well as website-related services is provided “as is,” with no guarantee made regarding the completeness, accuracy, quality, timeliness, suitability, or reliability for any particular purpose.
FC makes no express or implied representations or warranties about the operation of this website or the information, content, links, materials, or products included on this website. Any implied guarantee including, but not limited to, implied warranties of merchantability fitness for a particular purpose, and non-infringement is expressly excluded to the fullest extent permitted by law (including the Australian Consumer Law).
Neither FC nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable in any way (including for negligence) for any loss, damage (including incidental, special, or consequential damages), costs, or expenses arising out of, or in any way related to, this website or any of its content.
All warranties, conditions and representations (whether express or implied) are hereby excluded to the extent permitted by law.
You read, use, and interact with our Site and the Content entirely at your own discretion. You accept full responsibility and risk for using this website, website-related services, and hyperlinked websites. No oral or written information or advice provided by FC, its agents, or its authorised representatives shall create a warranty or expand the scope of this warranty in any way.
There is no guarantee that our sites content is:
(a) complete, accurate, reliable, up-to-date, and suitable
(b) access will be uninterrupted, error-free, or virus-free; or
(c) our Site will be secure.
1.5 Indemnity
In no event will FC or its partner, third party content providers, agents, employees, affiliates, directors, managers, officers, contractors, suppliers, successors or assignees be liable in any way whatsoever (including for negligence) for any loss, damage (including incidental, special or consequential damages even if advised of the possibility of such damages), costs or expenses suffered, arising out of, or in any way connected with this website or any of its content.
To the greatest extent permitted by law, You agree to indemnify us and hold FC, harmless against any liability including all actions, suits, claims, demands, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us arising from a breach or direct or indirect consequence of you / or affiliated persons in connection with use of our Site, products or services. FC is not liable for any errors or omissions, or for the results obtained from the use of this information.
This indemnity is a continuing obligation, separate from the other obligations under these Terms, and it continues after these Terms expire.
It is not necessary for us to suffer or incur Liability before enforcing an indemnity right under these Terms.
Access and Security
Every effort is made to ensure the security of this website. FC accepts no responsibility for any interference with or damage to a user’s computer system, software, or data that occurs as a result of using this website. Users are encouraged to take appropriate and adequate precautions to ensure that whatever they choose from this website is free of viruses or other contamination that could interfere with or damage their computer system, software, or data.
Links Disclaimer
While we have made every attempt to ensure that the information contained in this website has been obtained from reliable sources, This website may include links to other sites (Linked Sites). We have no control over the Linked Sites and are not responsible for their contents. We are not liable for any transmission received from a Linked Site. Links are provided as a courtesy, and their inclusion does not imply our endorsement of the website or any association with its operators.
FC makes no warranties or representations about the accuracy or any other aspect of the information contained in other Web Sites. FC hereby disclaims all responsibility and liability, without limitation, for any expenses, losses, damages, or costs you may incur as a result of the material published on this website or any linked website. FC provides treatment and assessment information as well as associated costs.
All of the information on this website is subject to change without notice.
Permission to Use material on our Site:
You may only access, download, or print material from this website for personal use. All other uses including Commercial use of any kind, including sharing without our prior written consent or permission, is strictly prohibited.
Commercial use is defined as using our content to generate revenue, passing it off as your own information, or distributing our work to others without our express permission. You agree not to alter or remove any copyright or proprietary notices from materials downloaded from this website or any site linked to this website.
Except as otherwise expressly granted in writing, we do not grant you any other express or implied right or license to our website content or intellectual property and we may own or have rights to all title and interest (including intellectual property rights) in our Site and all Content. Your use of our Site, as well as your use of and access to any Content, does not grant or transfer any rights, title, or interest in our Site or the Content to you.
You May Not:
- You may not copy or use any Content in whole or in part;
- You may not reproduce, create derivative works from, modify, retransmit, distribute, disseminate, sell, upload, edit, post, publish, broadcast, or transmit, circulate any Content to any third party; or
- Violate any intellectual property rights which may be related to our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating similar derivative works from the Content.
- You may not replicate, publish, commercially exploit, or link to or deep-link into this website unless you have obtained written permission by FC.
- You understand and agree that the content on this website and any downloads, prints, or other uses of the content are solely permitted for your own personal, non-commercial use.
- This website may only be used for authorised purposes; you are not permitted to use it in any way that violates the rights of others.
Conduct we don’t accept
Prohibited behavior: You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our Site; inappropriate which could damage, disable, overburden, or impair this website or interfere with any other person’s use of this website; or might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a violation of an individual’s privacy (including the uploading of private or personal information without the individual’s consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace, or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, including (without limitation) using or transmitting viruses or other disabling features, or damaging or interfering with our Site, or
e) De-compile, reverse engineer, or try to copy or imitate this website or underlying content
f) Use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without asking and getting our permission first
g) Engage in any internal or external spamming, or other similar actions
h) Using our Site to send unsolicited email messages; or
i) Engage in any unlawful or immoral acts, or acts which are in violation of these terms of use
j) facilitating or assisting a third party in performing any of the foregoing acts.
User Content
We encourage you to interact with our Site and invite you to communicate with us on social media. You may be permitted to post, upload, publish, submit, or transmit relevant information and content (User Content).
We may run campaigns on the Site and through social media to encourage you to share User Content using specified hashtags (#) on social media (Tag).
If you make any User Content available on or through our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferrable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of the Site and our social media platforms.
We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content be removed from the Site or social media by sending us an email to the address listed at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
THIRD PARTY WEBSITES
This website may contain links to websites operated by third parties. The links are provided solely for your convenience and do not imply an endorsement of those websites or the products or services offered on those websites by FC, either explicitly or implicitly. If you purchase goods or services from a third-party website linked from the Site, such third party provides the goods and services to you, not us.
Because those websites are not under FC’s control, unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites and your access and/or use of those websites products and services are entirely at your own risk.
PROMOTED SERVICES DISCLAIMER
We promote third-party products or services because we like what they do or because they have sponsored, donated, or otherwise supported us in some way. Before purchasing third-party products or services, you must use your own discretion based on your unique personal circumstances.
We may receive a benefit (which may include a referral fee or a commission) if you visit certain third-party websites via a link on the Site (Affiliate Link) or if we feature certain products or services on the Site. We will notify you of which (if any) products or services we receive compensation to feature on the Site, as well as which (if any) third-party links are Affiliate Links.
Without FC’s prior written consent, you may not link to any third-party website from this one.
LIMITATION OF LIABILITY
You may have certain rights in relation to the Site and the Content under Australian Consumer Law, and you may contact us for more information. Despite of anything to the contrary, To the fullest extent permitted by law (including the Australian Consumer Law), we are not responsible and exclude liability for any loss, damage or expense (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity, or loss of reputation), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
PRIVACY POLICY
We value your privacy and recognise the importance of safeguarding your personal information. Our Privacy Policy (which is available on the Site) outlines how we will collect and use your personal information.
Personal Information Collection Statement and Consent Policy
We need to collect certain information about you in order to provide quality supports and services. This data will be used in the development and management of your plans and supports. If you do not provide relevant personal information, in part or in full, you may receive insufficient supports or services, which may have an impact on your plans and goals. The information gathered is also used for administrative purposes, such as billing you directly or through bodies, schemes, and organisations like the NDIS, My Aged Care, and Compensation authorities.
Only with your permission will we disclose information about you to other service providers or health professionals. We will not disclose your information to commercial companies; however, specific service or product information deemed appropriate for your management may be forwarded to you, unless you instruct us not to. Before beginning any new planned activities, we will obtain your written consent. We do not share your personal information with recipients in other countries. Your file information is securely stored and only our employees have access to it.
Please Note:
FC owns these records and the Client/Participant can request to see their records and receive a copy. Information provided on this website forms will be shared with staff at FC to assist us to provide you with your required services. All information obtained will be kept confidentially. Records are kept for a set period according to our policies and procedures and legislated instruments.
We aim to make sure that the information we collect about you is accurate, complete, and up to date. You have the right to request access to information collected and stored about you at any time. If you believe that any of the information we have on file for you is incorrect, please let us know so that we can correct it. If you have any concerns or questions about this statement, or if you want to access your information, please contact us via email, mail, or phone using the information provided at the bottom of this page.
Exclusion Of competitors: You are not permitted to use our Site, including the Content, in any way that competes with our business.
Discontinuance: We reserve the right to discontinue our Site, in whole or in part, at any time and without notice to you.
We may also refuse anyone access to our Site at any time and in our sole discretion. We will not be liable for any Liability you may incur as a result of or in connection with any such discontinuance or exclusion.
Termination: These Terms will remain in effect until we terminate them, which we may do at any time and without prior notice to you.
All restrictions imposed on you by these Terms, as well as the limitations of liability set out in these Terms, will survive termination.
Disputes: In the case of a disagreement arising from or in connection with these Terms (Dispute), the party asserting the Dispute must provide the other party with writing notice outlining the details of the Dispute and suggesting a resolution. Within 7 days of receiving the notice, the parties must meet at least once in good faith with their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party) to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means. Apart for the fact that the conference is taking place, all features of each such conference will be privileged.
If the parties do not resolve the Dispute, or agree on an alternate mechanism to resolve the Dispute, within 21 days of receipt of the notice, the Dispute may be referred to litigation by either party (by written notice to the other party).
Severance: If a provision of these Terms is found to be unlawful, invalid, illegal, or unenforceable, that provision shall be interpreted down as narrowly as possible to remain valid or enforceable.
If a provision (in whole or in part) cannot be read down, that provision (or that portion of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Administrative, Physical and Technical Safeguards
We will take reasonable precautions to ensure that our website is free of viruses and other potentially harmful content, but we cannot guarantee that using this website will not cause damage to your computer or other devices. It is your responsibility to ensure that you have the necessary equipment and anti-virus software to safely use this website.
JURISDICTION
Your use of our Site and these these terms and conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree irrevocably and unconditionally to submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site is accessible from anywhere in Australia and overseas. We make no claim or no representations that our Site and the content of this website complies with and is in accordance with the laws (including intellectual property laws) of any country other than Australia. If you access our Site from a location other than Australia, you do so at your own risk and are responsible for adhering to the laws of the jurisdiction from which you access our Site.
ERRORS
We will take reasonable care when posting information on our website to ensure that all information displayed is correct at the time.
The materials and information on this Site (Content) are subject to change without notice. We reserve the right, without prior notice, to correct or update any typographical errors, inaccuracies, or omissions in the information contained on this website, as well as to correct or update content.
We do not promise to keep our Site up to date, and we are not responsible if any Content is inaccurate or out of date.
ACCESS
We reserve the right, in our sole discretion, to immediately suspend, terminate, or limit your access to this website for any reason.
We will not be held liable if this website is unavailable for any reason.
COOKIES POLICY
Forward Corporation (FC) (“us”, “we”, or “our”) may utilise technologies such as cookies or web beacons, tracking pixels, and other similar technologies on fhcare.com.au (the “Service”)
By using the Service, you agree to the use of these cookies, tracking pixels, and related technologies.
Our Cookies Policy explains what cookies are, how we use them, how third-party partners we may work with may use cookies on the Service, your cookie options, and more information about cookies.
What are cookies
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to assist that website in remembering information about your visit, which can make your next visit easier and the Service more useful to you. Cookies can be “persistent” or “session” cookies.
How we use cookies
When you use and access the Service, we may place a number of cookies files in your web browser Cookies, pixels, and related technologies may be used for the following purposes:
- To enable certain Service functions.
- To provide analytics and track how you use the site, including data collection via Google Analytics. This includes data collection for Google Analytics Demographics and Interest Reporting.
- To store your preferences.
- To enable ad delivery on Google, Facebook, Instagram, and any of their partnering networks (including the Google Display Network). This includes Google remarketing, search, display, or video ads, as well as Facebook/Instagram ads and re-targeting, and any behavioural/interest-based advertising. It also includes the use of Google Analytics data for ad display, including the Google Analytics Demographics and Interest reporting.
On the Service, we may use both session and persistent cookies, and we use various types of cookies to operate the Service.
We may use cookies to collect information about website usage and to help us improve and develop the products and services we provide.
No personally identifiable information is contained in our cookies.
We may use necessary cookies to authenticate users and prevent unauthorised access to user accounts.
You may not be able to fully experience all of the features of this website if you disable cookies in your web browser.
Visit policies.google.com/technologies/partner-sites for more information on how Google Analytics collects and processes data.
Third-party cookies
In addition to our own cookies, we may use third-party cookies to report Service usage statistics, deliver advertisements on and through the Service, and so on. Third-party vendors, such as Google and Facebook, may use third-party cookies, web beacons, and other storage technologies to collect or receive information from the Service (and elsewhere on the Internet), and use that data to provide measurement services and serve ads, including ads based on previous visits to the Service.
What are your cookie choices regarding cookies
Most web browsers are configured to accept tracking technologies like cookies and web beacons.
If you want to delete cookies or instruct your web browser to delete or refuse cookies, go to your browser’s help pages.
However, if you delete cookies or refuse to accept them, you may not be able to use all of the features we provide, you may not be able to save your preferences, and some of our pages may not display properly.
CHANGES
Forward Healthcare reserves the right, in its sole discretion, to modify or amend these terms and conditions at any time and without prior notice to you. If we do so, the revised terms and conditions will be posted on this page of the website, and the changes will become effective immediately binding upon you. Please contact us at admin@fhcare.com.au if you have any questions or require assistance.
This Agreement contains the entire agreement between you and FC relating the subject matter contained herein.
If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced to the fullest extent permitted by law.
FC’s failure to enforce any right or provision in this Agreement shall not be deemed a waiver of such right or provision unless acknowledged and agreed to in writing by FC.
For any questions and notices, please contact us at:
ABN: 656 170 697
Email: admin@fhcare.com.au
Last Update: 05/06/2024