Terms and Conditions

WWW.IMTHINKINGOFYOU.COM.AU

Internet Terms and Conditions

Imthinkingofyou.com (the Company) offers you the opportunity to better manage any situation when it is difficult to communicate to a large group of people by being able to post, receive and access specific information in order to lend assistance. It is also a great tool to help care for or assist others to care for injured, sick or traumatised persons with their consent by accessing the Website.

Please read these Terms and Conditions carefully. These Terms and Conditions set out the rights and obligations of Yourself and Us and reflect Commonwealth Privacy legislation with which We promise to comply.

If You do not understand any part of them, You should contact Us.
Additional Definitions

In these Terms and Conditions:
- 2.1 Care Zone means the secure and password protected online forum in which information is shared using the tools and functions of the Website;
- 2.2 Carer means a person who has been granted access to a Care Zone for the purpose of providing support to the person in need;
- 2.3 Care Guide means a person who administers a Care Zone and could include (but is not limited to) a Police Officer, Social Worker, Doctor, Nurse, close friend, relative or carer of the person in need.
- 2.4 Company Name/Company/Us/We/Our means “ImthinkingofYou” Pty Ltd ABN: 12 124 117 728;
- 2.5 Critical Updates mean SMS updates regarding a particular person in need and are defined further in the “Critical Updates Terms & Conditions” posted from time to time on the Website;
- 2.6 Intellectual Property means any patent, invention, discovery or process improvement whether patentable or not, any proprietary information, any trade mark, copyright, trade secret, computer program, design procedure or technique, and includes Confidential Information;
- 2.7 Person In Need means the injured, sick or disabled person to whom care is being provided and about whom information is posted on the Website;
- 2.8 Privacy Policy means the Privacy Policy posted on this Website from time to time;
- 2.9 Public Zone means the forum on the Website for general discussion of topics set by Staff which is accessible by the general public and which is not password protected;
- 2.10 Services means any service offered from time to time on the Website;
- 2.11 Staff means employees of the Company;
- 2.12 Terms and Conditions means the Terms and Conditions for Use of the Website including the Privacy Policy, the “Critical Updates Subscription Terms & Conditions,” any directions for Use issued by Us, amendments, schedules, annexure and variations made by Us from time to time.
- 2.13 User means both registered and unregistered Users of the Website;
- 2.14 Visitor means an unregistered User of the Website who can only access the Public Zone;
- 2.15 Website means our internet Website at www.imthinkingofyou.com; and
- 2.16 You/Your means refers to the Users of this Website. If there is more than one of You, You means each of You separately and all of You jointly.
Acceptance of Terms & Conditions:
By using this Website, either as a registered or unregistered User, You automatically agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, do not use this Website. In addition, by using this Website, as a User, You indicate that You have read and accepted our Privacy Policy and the “Critical Updates Terms & Conditions.”
Registering as a Care Guide
To register as a Care Guide You:
- 4.1 Require a Care Zone name;
- 4.2 Require a password;
- 4.3 Require express consent from the person in need to divulge personal and/or sensitive information about the person in need on the Website;
- 4.4 Need to be in position to provide documented evidence of the consent referred to in clause 3.3 if requested;
- 4.5 By registering as a Care Guide, You undertake that You have consent to divulge personal and/or sensitive information about the person in need on the Website.
Functions & Responsibilities of a Care Guide
A registered Care Guide:
- 5.1 Is solely responsible for the operation and management of the Care Zone;
- 5.2 Is able to send our “Critical Updates” SMS from their phone to the Website. The Website then relays the update to subscribed Users of the “Critical Updates” service;
- 5.3 Can delete offending material in their Care Zone;
- 5.4 Can upload information and updates about a person in need on the Website;
- 5.5 Can access their Care Zone only.
- 5.6 Can access all tools within their Care Zone.
How to Register as a Carer
To register as a Carer You:
- 6.1 Access the Care Zone via a link in an invitation email or SMS and then register your details including setting a private password. If you have an account already you can enter those details to skip the registration phase.
Functions of a Carer
A registered Carer:
- 7.1 Can receive Critical Updates by subscribing to this service;
- 7.2 Write comments on the Care Zone which can then be read by Users with access to the same Care Zone.
- 7.3 Access all tools within their Care Zone.
Composition of the Care Zone
All Care Zones may have multiple Carers and are comprised of the following tools:
- 8.1 What Can I Do? - Care Guides and Carers can suggest jobs or tasks that need to be done to help the person in need. Items can be added or modified by Carers and Care Guides with access to the specific Zones. Carers and Care Guides can add and assign jobs and report on the status both during the job and at its completion.
- 8.2 Care Planner – An interactive calendar which allows important events to be entered and viewed by Care Guides and Carers.
- 8.3 What Have People Said? – Care Guides and Carers can read comments posted by registered Users with access to the Care Zone. Critical Updates can also be viewed here.
- 8.4 Make A Donation – A Care Guide can set up a bopo debit care by clicking on the “set up a donation card” link. This service is not governed by the Company and the Company makes no representations in relation to the reliability, accuracy or legality of Services provided by www.bopo.com.au. The Terms and Conditions of bopo can be found on their Website.
User’s Use Of The Website
- 9.1 The User is responsible for all content published by it on the Website. The User will not publish content, submit data or include links to any Website publishing content that:
  - (a) Violates any Intellectual Property or other rights of any person anywhere in the world;
  - (b) Is defamatory, threatening, harassing, abusive, discriminatory, obscene, offensive, profane, indecent, or otherwise objectionable or illegal;
  - (c) Contains or propagates any computer viruses, worms or other malicious code;
  - (d) Is misleading or deceptive or is likely to mislead or deceive;
  - (e) They have not obtained consent to publish.
- 9.2 The User will not use the Website to:
  - (a) Engage in conduct that is misleading or deceptive or likely to mislead or deceive;
  - (b) Transmit or otherwise distribute spam or other message prohibited by the SPAM Act 2003 (Cth).
- 9.3 The User will not:
  - (a) Rent, resell, sub-licence or otherwise grant rights to Use space provided to it on the Website by the Company;
  - (b) Undertake any action which may damage, modify, interfere with or destroy any data, files, passwords or other devices belonging to the Company or otherwise take any action that compromises the security or stability of the Website;
  - (c) Copy material from the Website and display it, reformatted or otherwise, on any other Website.
- 9.4 The User is solely responsible at their own cost and expense for creating backup copies and replacing any User content they post on the Website or provide to the Company.
- 9.5 The Company accepts no responsibility for any loss or damage incurred by the User or any third party as a result of publication of material by the User.
- 9.6 The Company reserves the right to edit, remove or delete from the Website any content it considers in its absolute discretion to be in violation of this clause 8 or of any other editorial guidelines provided by the Company to the User.
User Indemnifies The Company
The User indemnifies the Company, its officers, employees, contractors, agents and related parties for any loss, damage, cost or expense (including legal costs on a solicitor and own client basis), including consequential loss incurred or sustained as a result of:
- 10.1 The publication of any content on the Website by the User;
- 10.2 The User’s use of the Website;
- 10.3 Any breach of the Agreement; or
- 10.4 Any breach of a warranty provided herein.
User Details
- 11.1 The User warrants that all information provided by it to The Company is correct and accurate.
- 11.2 The User must notify the Company if there are any material changes to any information provided by the User to The Company in writing.
Privacy
- 12.1 The Company will Use, collect and store information about the User in accordance with the Privacy Policy and the User, by either registering or accessing the site, consents to such use, collection and storage.
- 12.2 Unless as required by law or to the extent necessary to supply the Website Services, the Company will not disclose any information about the User or any person in need referred to by the User.
Disclaimers and Limitation of Liability by The Company
- 13.1 The Company takes care in publishing and providing the Website and Services however The Company makes no representations:
  - (a) Regarding the accuracy of any information published on the Website or that the Website is free from errors;
  - (b) Regarding the ability of third parties to access the Website and view information;
  - (c) That the Website is free of any computer virus or other harmful or malicious code; or
  - (d) That the Website is free from technical faults.
- 13.2 The Company does not distribute spam or other junk mail messages and takes no responsibility for use of any material published by a User on the Website in spam or junk mail attacks.
- 13.3 To the extent permissible by law, the Company:
  - (a) Makes no warranty in respect of the provision of the Services; and
  - (b) Excludes any warranty implied by the operation of law.
- 13.4 Under no circumstances will the Company be liable for any special, indirect or consequential loss or damage.
Governing Law and Jurisdiction
- 14.1 The Agreement is governed by the laws of South Australia.
- 14.2 Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning the Agreement.
Security of Passwords and Care Zone Names
It is important that You keep Your password and Care Zone name secure. You must take all reasonable precautions to ensure that Your password and Care Zone name are not misused and that its security is protected. In particular, You must:
- 15.1 ensure that Your password and Care Zone name are not disclosed to any unauthorised person;
- 15.2 Use care to prevent anyone else seeing Your password and Care Zone name being entered when using the Website;
- 15.3 avoid Your password and Care Zone name being recorded when accessing the Website (for example, where the home page of the Website and the password can be accessed by looking at the internet history of the User);
- 15.4 keep any record of Your password and Care Zone name secure;
- 15.5 Note that The Company is not required to verify or authenticate Your identity before giving access to the a Care Zone if the correct combination of Care Zone name and password is entered.
- 15.6 You must tell Us as soon as possible if You suspect that Your password is known to an unauthorised person. You can notify Us by telephoning 1300 883 216 after hours or 1800 992 308 during business hours, or email Us at info@imthinkingofyou.com
- 15.7 Note that the Company reserves the right to cancel Your password at any time and without notice if We believe it is being used in a way that can cause loss to You or Us.
Changes to the Services and information provided
The Company reserves the right to modify, upgrade and vary the type, nature and format of information, transactions or other Services offered to You when Using the Website at any time without notice.
Third Party Websites
- 17.1 The Website contains (or You may be sent through the Site or the Service) links to other Web sites ("Third Party Sites") as Well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). The Company does not:
  - (a) Investigate;
  - (b) Monitor; or
  - (c) Check for accuracy, appropriateness, or completeness of such Third Party Sites and Third Party Applications, Software or Content and hence We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site.
  This includes without limitation, the:
  - (a) content of;
  - (b) accuracy of;
  - (c) offensiveness of;
  - (d) opinions of;
  - (e) reliability of;
  - (f) privacy practices of; or
  - (g) other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
- 17.2 Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us.
- 17.3 If a User decides to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, Users do so at their own risk and should be aware that our terms and policies no longer govern. Users should review the applicable terms and policies, including privacy and data gathering practices, of any site to which they navigate from the Site or relating to any applications they use or install from the site.