CarePulse™ Website and Platform Terms of Use

These Terms of Use apply to the CarePulse™ website at carepulse.au and the CarePulse™ subscriber dashboard at app.carepulse.au.

CarePulse™ is a product of Brand Insight Pty Ltd (ABN 63 631 544 968), trading as Brand Health. The CarePulse trade mark, Australian trade mark application number 2637238, has been accepted and registration is pending.

You may only access and use the Platform if you accept these Terms of Use. By selecting “I agree”, “Accept and continue” or any similar acceptance mechanism, or by accessing or using the Platform after being presented with these Terms of Use, you agree to be bound by these Terms of Use.

If you access the Platform as a permitted user of a subscriber, your access is also subject to the agreement between CarePulse and that subscriber. If there is any inconsistency between these Terms of Use and the Subscription Terms, the Subscription Terms prevail as between CarePulse and the subscriber, and these Terms of Use prevail as between CarePulse and you to the extent they govern your individual access to and use of the Platform.

CarePulse may record and retain information evidencing your acceptance of these Terms of Use, including your name, email address, subscriber, user role, date and time of acceptance, IP address, device or session information, and the version of the Terms of Use accepted.

1. About CarePulse

1.1 Contracting entity

The Platform is operated by:

Brand Insight Pty Ltd (ABN 63 631 544 968), trading as Brand Health
443 King Street
West Melbourne VIC 3003
Australia

In these Terms of Use, CarePulse, we, us and our mean Brand Insight Pty Ltd.

1.2 What CarePulse is

CarePulse™ is a syndicated consumer brand-tracking subscription product for the Australian aged care sector.

The CarePulse service involves quarterly consumer research across defined Aged Care Planning Regions. The research measures brand-level metrics among a general population aged 50 and over. The same core dataset may be licensed to multiple business subscribers, including subscribers who may be competitors of one another.

Subscribers receive access to aggregated and de-identified data through the login-gated dashboard.

1.3 The Platform

In these Terms of Use, the Platform means:

1. carepulse.au, being the public marketing website, including pricing enquiry and demo-booking pages; and
2. app.carepulse.au, being the login-gated subscriber dashboard available only to authorised users of paying subscribers.

2. Relationship with the Subscription Terms

2.1 Separate subscriber agreement

Access to the paid CarePulse subscription service is governed by a separate written agreement between CarePulse and the relevant subscriber, consisting of the CarePulse Master Subscription Agreement, the applicable Order Form and any other document incorporated into that agreement (Subscription Terms).

2.2 Precedence

If you are a subscriber, authorised dashboard user, or agency user accessing the dashboard on behalf of a subscriber, your use of the dashboard and the CarePulse data is governed by both:

1. these Terms of Use; and
2. the Subscription Terms.

To the extent of any inconsistency, the Subscription Terms prevail in relation to the paid subscription service, dashboard access, licences, data use, confidentiality, warranties, liability, indemnities and termination.

2.3 No subscription formed through website browsing

Browsing the public website, submitting an enquiry form or booking a demo does not create a paid subscription or grant any licence to use CarePulse data. A subscription is formed only when CarePulse and the relevant subscriber enter into an Order Form or other written subscription agreement.

3. Who may use the Platform

3.1 Public website

General visitors may browse the public website for informational and business enquiry purposes.

3.2 Dashboard

Dashboard access is restricted to authorised users of a paying subscriber, including the subscriber’s personnel and any authorised agency users approved under the relevant Subscription Terms.

3.3 Australian-facing service

CarePulse is an Australian product marketed to Australian aged care providers. The Platform is not directed at individuals outside Australia.

4. Accounts and credentials

4.1 Authorised users only

You must not access the dashboard unless you are an authorised user of a current paying subscriber.

4.2 Credential security

If you are issued login credentials, you must:

1. keep those credentials secure and confidential;
2. not share your login credentials with any other person;
3. not allow any other person to access the dashboard using your account; and
4. promptly notify CarePulse if you become aware of any unauthorised access, suspected credential compromise or security incident.

4.3 Responsibility for account use

You are responsible for activity that occurs through your account, except to the extent caused by CarePulse’s breach of these Terms of Use or applicable law.

5. Acceptable use

5.1 Permitted use

You may use the Platform only for lawful purposes and in accordance with these Terms of Use and, where applicable, the Subscription Terms.

5.2 Prohibited conduct

You must not:

1. share, transfer or misuse login credentials;
2. access, or attempt to access, any part of the Platform that you are not authorised to access;
3. circumvent, disable or interfere with any access control, security feature, authentication process, usage limitation or technical restriction;
4. scrape, harvest, crawl, bulk extract, copy or download data from the Platform other than through ordinary permitted use;
5. use any robot, spider, scraper, script, automated tool or data-mining process without CarePulse’s prior written consent;
6. reverse engineer, decompile, disassemble or attempt to derive source code, underlying structure, methodology or algorithms from the Platform;
7. use the Platform, data, methodology, dashboard or content to build, train, benchmark or improve a competing product or service;
8. upload, transmit or introduce malware, malicious code, harmful files or security exploits;
9. interfere with the availability, performance, integrity or security of the Platform;
10. use the Platform in a way that is misleading, deceptive, unlawful, defamatory, discriminatory, harassing or infringing;
11. remove, obscure or alter any copyright, trade mark, confidentiality or proprietary notice;
12. publish, distribute, disclose, sell, license, sublicense or otherwise make available CarePulse data except as permitted by the Subscription Terms;
13. attempt to identify or re-identify any survey respondent from any data or output; or
14. use the Platform or any CarePulse data in a way that contravenes, or may contravene, the Competition and Consumer Act 2010 (Cth), including any prohibition on anti-competitive conduct, cartel conduct, concerted practices or misleading or deceptive conduct.

6. Intellectual property

6.1 CarePulse materials

Unless otherwise stated, CarePulse owns or licenses all rights, title and interest, including intellectual property rights, in the Platform and its content, including:

1. website content, layout, copy, graphics, images, charts, illustrations and design;
2. dashboard layout, structure, visualisations and user interface;
3. the CarePulse name, logo and brand indicia;
4. the CarePulse™ trade mark, registration pending;
5. research methodology, survey structure, metric definitions, brand lists and reporting formats;
6. software, code, database structures and technical infrastructure to the extent owned or controlled by CarePulse; and
7. aggregated, de-identified data and outputs generated through the CarePulse service, subject to the Subscription Terms.

6.2 No transfer of rights

Nothing in these Terms of Use transfers any intellectual property rights to you.

6.3 Limited website browsing permission

You may access and view the public website for ordinary informational purposes. You must not copy, reproduce, adapt, publish, distribute or commercially exploit any Platform content without CarePulse’s prior written consent, except to the extent permitted by law.

6.4 Subscriber licence

Any licence granted to a subscriber or authorised dashboard user in respect of the dashboard, data or dashboard outputs is governed by the Subscription Terms.

7. Illustrative content and marketing materials

7.1 Illustrative figures

Any figures, charts, screenshots, mock-ups, sample outputs or example dashboards shown on the public website are illustrative only unless expressly stated otherwise.

7.2 Not survey results

Illustrative figures on the public website are not represented to be actual CarePulse survey results, market findings or subscriber-specific data.

7.3 No professional advice

The Platform content is provided for general information only. It is not professional, financial, investment, legal, clinical, operational or strategic advice.

7.4 No outcome guarantee

CarePulse does not guarantee any business, marketing, reputational, commercial, operational or strategic outcome from accessing the Platform or using the CarePulse service.

8. Public use of CarePulse findings

If you are a subscriber or authorised dashboard user, any public use of CarePulse data, findings, screenshots, dashboard outputs, claims or extracts is governed by the Subscription Terms.

Without limiting the Subscription Terms, you must not publicly disclose, publish or promote any CarePulse data or findings unless permitted under the Subscription Terms or approved by CarePulse in writing.

9. Advertising and promotional material

The Platform displays CarePulse’s own marketing and promotional content. The Platform does not currently display third-party advertising.

The Platform uses website analytics. If third-party advertising, marketing pixels, remarketing tools or similar technologies are introduced in the future, their use will be addressed in CarePulse’s Privacy Policy and cookie disclosures.

10. Third-party services and links

10.1 Third-party services

The Platform may use or link to third-party services, including CRM, booking, authentication, hosting, email, analytics or other service providers.

10.2 Third-party links

The Platform may contain links to third-party websites or services. Those third-party websites and services are not controlled by CarePulse. CarePulse is not responsible for their content, availability, security, privacy practices or terms of use.

10.3 Use at own discretion

Your use of third-party websites or services may be governed by separate third-party terms and policies.

11. Availability and changes to the Platform

11.1 Reasonable efforts

CarePulse will use reasonable efforts to maintain the availability and security of the Platform. However, the Platform may be unavailable from time to time due to maintenance, updates, technical issues, third-party service interruptions, security matters or events beyond CarePulse’s reasonable control.

11.2 Changes

CarePulse may modify, suspend, withdraw or discontinue any part of the public website at any time.

For paying subscribers and authorised dashboard users, changes to the paid subscription service are governed by the Subscription Terms.

12. Privacy

CarePulse handles personal information in accordance with its Privacy Policy.

By using the Platform, submitting an enquiry, booking a demo, corresponding with CarePulse or accessing the dashboard, you acknowledge that CarePulse may collect, use, hold and disclose personal information as described in the Privacy Policy.

13. Australian Consumer Law

13.1 Non-excludable rights

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right, remedy or other provision under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other law, where to do so would be unlawful.

13.2 Limitation where permitted

To the extent permitted by law, and where any services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, CarePulse limits its liability for failure to comply with any applicable consumer guarantee to, at CarePulse’s option:

1. supplying the services again; or
2. paying the cost of having the services supplied again.

14. Disclaimers

Subject to clause 13:

1. the Platform is provided on an “as is” and “as available” basis;
2. CarePulse does not warrant that the Platform will be uninterrupted, error-free, secure or free from harmful components;
3. CarePulse does not warrant that public website content is complete, current or suitable for your particular purposes;
4. CarePulse does not warrant that illustrative figures or sample outputs on the public website reflect actual market conditions or survey findings; and
5. all implied warranties, conditions and representations are excluded to the maximum extent permitted by law.

For subscribers, any warranties relating to the paid CarePulse subscription service are governed by the Subscription Terms.

15. Liability

15.1 Application

This clause applies to the maximum extent permitted by law and is subject to clause 13.

15.2 Exclusion of certain loss

CarePulse is not liable for any indirect, special, consequential or punitive loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, business interruption, reputational loss, or loss or corruption of data arising out of or in connection with the Platform.

15.3 General liability cap

To the maximum extent permitted by law, and subject to clauses 13.1 and 15.4, CarePulse’s total aggregate liability to you arising out of or in connection with these Terms of Use or the Platform, whether in contract, tort including negligence, statute, equity or otherwise, is limited to the greater of:

1. AUD $100; and
2. the fees paid by you to CarePulse for the Platform in the 12 months immediately preceding the event first giving rise to the liability.

15.4 Subscribers

If you are a subscriber or authorised dashboard user, CarePulse’s liability in relation to the paid subscription service, dashboard, data, dashboard outputs and associated services is governed by the Subscription Terms, not clause 15.3.

16. Your indemnity

You indemnify CarePulse against loss, damage, liability, cost or expense suffered or incurred by CarePulse arising from:

1. your breach of these Terms of Use;
2. your misuse of the Platform;
3. unauthorised access using your credentials, except to the extent caused by CarePulse;
4. your infringement of CarePulse’s intellectual property rights;
5. your unauthorised disclosure, publication or distribution of CarePulse data;
6. any attempt by you to identify or re-identify a survey respondent; or
7. your unlawful, misleading or anti-competitive use of the Platform or any CarePulse content.

This indemnity is reduced to the extent the relevant loss was caused or contributed to by CarePulse.

If you are a subscriber or authorised dashboard user, the indemnities in the Subscription Terms apply in place of this clause 16 in relation to the paid subscription service.

17. Suspension and termination of access

CarePulse may suspend or terminate your access to the Platform if:

1. you breach these Terms of Use;
2. you are no longer an authorised user of a paying subscriber;
3. suspension is required under the Subscription Terms;
4. suspension is reasonably necessary to protect the security, integrity or availability of the Platform or data; or
5. CarePulse is required to do so by law.

18. Changes to these Terms of Use

CarePulse may update these Terms of Use from time to time by publishing an updated version on the Platform.

For general visitors, the updated Terms of Use apply from the date they are published, unless stated otherwise.

For paying subscribers, any change that materially affects the paid subscription relationship will apply only in accordance with the Subscription Terms.

Each updated version of these Terms of Use will carry a new version number and effective date.

19. Governing law

These Terms of Use are governed by the laws of Victoria, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.

20. Contact

For questions about these Terms of Use, contact:

CarePulse
Brand Insight Pty Ltd
443 King Street
West Melbourne VIC 3003
Australia
Email: hello@carepulse.au