Terms of Use

General Terms & Conditions

Private Package Deals

Refer a Friend Promotion


Terms and Conditions

Your access and use of this website constitutes your agreement to these Terms of Use.

“This Website” means all webpages located on the www.kincare.com.au domain name.

This Website is the website of Kincare Health Services Pty Ltd, and its related entities (“Kincare”).

Terms of use

Your access and use of this Website is governed by these Terms of Use and the Privacy and Security Statement. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use and the Privacy and Security Statement.

Amendments to Terms of Use and Security Statement
We reserve the right to amend, update, remove, or revise our Terms of Use and Security Statement at any time, we encourage you to check these Terms of Use and Security Statement periodically for changes.  If any changes are unacceptable to you, you may cease access to or use of the Site.  Continued use of this Website following such update will represent your agreement to be bound by these Terms of Use and Security Statement as amended.

Disclaimer
The information contained on this Website is for general information purposes only. You must not rely on any statement contained in this Website without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on this Website, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result of, or your reliance on, any part of it.

We do not accept responsibility for any action, claim, demand, loss (including consequential loss) and/or cost (including legal cost) however caused (including through negligence and/or wilful misconduct) which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:

  • this Website;
  • any Linked (as defined below) website;
  • information accessed at and/or through this Website and/or any Linked (as defined below) website, whether or not legal proceedings are instituted; and/or
  • any virus or harmful code that may be introduced into your system by using this Website.

Indemnity and Liability
Certain State and Commonwealth legislation imply warranties or conditions or impose obligations which cannot be excluded restricted or modified except to a limited extent. Kincare do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.

You release and indemnify Kincare and/or our related bodies corporate, officers, employees, agents and/or contractors against all actions, claims, demands, losses (including consequential losses) and/or costs (including legal costs) directly and/or indirectly suffered and/or incurred as a result of:

  • a breach by you of these Terms of Use;
  • your use of Links (as defined below) to our content; and
  • your use of our content, whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner and/or nature of any settlement, compromise and/or determination.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Kincare from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • if the breach relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and/or
  • if the breach relates to services:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.

The information, descriptions of services, software products published on this site or linked website may include inaccuracies or typographical errors and we specifically disclaim any liability for such inaccuracies or errors.

We do not warrant or represent the content of the site as complete or up to date. We are under no obligation to update any content on the site. We may change the content of the site at any time without notice. We may make improvements or changes to the site at any time. You agree that we will not be liable, whether in contract, tort, strict liability or otherwise for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked website, or with the delay or inability to use the site or a linked website, even if we made you aware of the possibility of such damages.

We do not necessarily endorse all opinions or views expressed on this website, no liability is excepted for harm or offence caused by these opinions or views.

Responsibility for the content of advertisements appearing on the Website including Links (as defined below) to advertisers’ own websites rests solely with the advertisers.  The placement of advertisements does not constitute a recommendation and/or endorsement by Kincare of the advertisers’ goods and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

This limitation on liability includes but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (eg, you cannot access your internet service provider), unauthorised access, theft, operator errors, strikes or other labour problems or any force majeure.

We do not guarantee continuous, uninterrupted or secure access to the website.

You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including any loss of profits) in connection with:

the use of or access to, or any inability to use or access, the Website or any material on the Website;

b. unauthorised access to or alterations of your transmissions or data;

c. statements or conduct of any third party on the Website; or

d. any goods purchased through this Website.

Intellectual property rights
All intellectual property on this Website is owned by Kincare and no part of this Website may be reproduced, stored, modified, adapted, uploaded to another location or produced for display in public in any form without our prior written approval.

Conduct

You must not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable laws and regulations and codes of conduct.

You agree not to:

a. use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;

b. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

c. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this Website;

d. impersonate any person or entity; or

e. upload, post, email, transmit or otherwise make available using this Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Kincare retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Specific warnings
You will ensure that your access to the Website is not illegal and/or prohibited by laws which apply to you.

You will not provide Links (as defined below) to the Website from any website that contains content that:

  • will subject Kincare to an action for defamation, intellectual property rights infringement and/or a breach of any law; and/or
  • is not in conformity with accepted standards of public decency and good taste.

You will take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code and/or other forms of interference which may damage your computer system.

Linking
Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non-exclusive right to provide links, using any mechanism, from one location to another location on the internet (“Links“).

In consideration of being granted this linking right, you undertake:

  • not to copy, reproduce, translate, adapt, vary and/or modify any information accessible via the Website (“Material“) without our express consent, except as expressly authorised by these Terms of Use;
  • not to bring into disrepute Kincare, our related bodies corporate, our goods, our services and/or our officers and/or employees;
  • to use active Links to our Material;
  • not to use:
    • any Links that provide a link to a web page or internet location that is part of the Website other than a Link to the home page of the Website or the home page of a subsidiary website; and/or
    • any method or mechanism of Linking, where it appears that the Linked Material is part of the website containing the Link and/or the Linked Material is not part of the Website where it was originally located;
  • not to use any process by which a web page containing our Material will be returned in the search engine results when a search is conducted for a competitor’s brand and/or identity and vice versa in connection with our Material;
  • to use our Material in the form in which it is provided;
  • not to alter, amend, redraw, distort, animate and/or tamper with any of our Material in any way;
  • to retain any copyright and/or trade mark symbols that appear in our Material;
  • to supervise and control the use of our Material in accordance with these Terms of Use;
  • to ensure your employees, contractors and/or other agents who have authorised access to our Material are made aware of these Terms of Use;
  • not to use our Material in a manner that gives the impression and/or represents that any person, organisation and/or event is in any way related to, sponsored by and/or affiliated with Kincare; and/or
  • to comply, within a reasonable time, with any demand or request by Kincare in relation to your use of our Material.

The Website may contain Links to other websites.  Those Links are provided for convenience only and may not remain current or be maintained.

Links and other third party materials
Kincare have no control over third party sites and/materials, and you acknowledge and agree that Kincare is not responsible for the privacy practices and/or availability of such sites or resources, and that Kincare does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources.

You further acknowledge and agree that Kincare shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.

Our Links with Linked websites should not be construed as an endorsement, approval and/or recommendation by Kincare of the owners and/or operators of those Linked websites, and/or of any information, graphics, materials, goods and/or services referred to and/or contained in those Linked websites, unless and to the extent stipulated to the contrary.

Termination of access
Access to this Website may be terminated at any time by Kincare without notice.  Our disclaimer will nevertheless survive any such termination.

General
We accept no liability for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control.  If we waive any rights available to Kincare under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will nevertheless continue in full force.

These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

Privacy Policy
Use of any personal data that you provide to Kincare is governed by our Privacy Policy.


KinCare Private Package Deals

Terms and Conditions

    1. The KinCare Package Deal (Package) that you have purchased will not be activated until payment has been processed
    2. The KinCare Package is not redeemable for cash.
    3. The KinCare Package is non-refundable.
    4. The KinCare Package is valid for 12 months from date of purchase
    5. Domestic Assistance or Social Support services offered in KinCare Packages are based on one hour of service booked and delivered between 8.00am and 6.00pm Monday to Friday. Maximum length of a Domestic Assistance service is 3 hours, unless otherwise agreed.
    6. Garden and Home Maintenance services offered in KinCare Packages must be delivered between 8.00am and 5.00pm Monday to Friday.
    7. Where a Package includes a kilometre allowance, kilometres in excess of the included amount will be charged at $1.24 per km, with the additional charges payable on receipt of invoice.
    8. All sundry expenses such as entry fees, supermarket shopping, food for meal preparation, must be paid for separately at time of purchase.
    9. All services must be booked at least 24 hours prior to service commencement.
    10. Services booked in advance must be cancelled at least 24 hours prior to the scheduled service delivery or the full cost of the booked service will be charged.
    11. Where multiple Packages have been purchased only one Package can be active at any time.
    12. A KinCare Package is transferable to another person, if the recipient is unable to use the services within the 12 month period due to ill health or a change of circumstances. KinCare must be advised that the services have been transferred to another person and advised of that persons’ name and details to allow scheduling of services.

  1. KinCare retains the right to refuse to provide services where the location or nature of service delivery fails to meet the minimum health and safety standards required by KinCare.
  2. Each KinCare Package may only be redeemed once.
  3. KinCare Packages are custom designed and the Package cannot be changed.

Terms and conditions “Recommend a Friend” promotion

What are the dates for this promotion?

For all referrals received and entered into the system with a referral code from 10 April to 30 June 2017.

How does the promotion work?

Recommend someone for a KinCare Home Care Package and when they join us they will be rewarded with a $100 Visa Gift Card to spend on anything they choose. You will also be rewarded for referring them and receive a $100 Visa Gift card as a special thanks.

When will I receive my Visa gift card?

Once the new customer has paid their first invoice, a $100 Visa Gift Card will be posted directly to them within 28 days. You will also be sent a $100 Visa Gift card.

If you have not received your Visa gift card within this timeframe please contact customer care on – 1300 733 510

How to activate your card?

  1. To activate your card, call 1800 446 347
    Your card MUST be activated by the Activation End Date otherwise all funds are forfeited. Your activation end date is located on the inside of your gift card wallet.
  2. After activation, your card will be ready to use within 1 business day
  3. Use your card at any eftpos terminal Australia-wide; Swipe the card, select CREDIT, enter the 4 digit PIN as shown on the back of the card (behind the scratch panel)
  4. Check the card balance & view your transaction history at www.activ8card.com.au

What is a Visa Gift card?

The Visa Gift Card is a prepaid card that can be used wherever Visa cards are accepted and processed electronically. The Visa Gift Card operates like any Visa card, but because it is a prepaid card, spending is limited to the amount of money placed on the Visa Gift Card at the time of purchase. The Visa Gift Card cannot be reloaded with additional funds.

Where can I use my Visa Gift Card?

You can use your Visa Gift Card wherever Prepaid Visa cards are accepted. You can use it to make online purchases, at more than one merchant and to make purchases outside of Australia (purchases made in foreign currency are subject to a Currency Conversion Fee of 3.5%).

You cannot use your Visa Gift Card:

  • at an ATM for any purpose to withdraw cash or for cash equivalent transactions
  • anywhere there is no electronic processing capability
  • for recurring payments, direct debits or instalments
  • at gambling merchants
  • at merchants displaying the Visa logo who choose not to accept prepaid Visa Gift Cards

How do I use it?

To redeem value by using your Visa Card:

  1. For EFTPOS transactions: swipe the Visa Card through the EFTPOS equipment, select “CREDIT” or “Cr” and then either provide your signature to the merchant or enter your PIN code.
  2. For online or telephone transactions: enter or provide your card number, expiry date and the 3 digit code provided to you upon activation of your Visa Card.

Your PIN code can be obtained by referring to scratch panel on the reverse of card.

You do not need to use the whole Visa Card value in one transaction. Spending is limited to the amount of money placed on the Visa Gift Card at the time of purchase.

How can I check the balance on my Visa Gift Card?

Check the card balance & view your transaction history at www.activ8card.com.au

What if I want to buy something that costs more than the value of the Visa Gift Card?

If your purchase is greater than the value of the gift card, tell the cashier you would like to pay the difference first and then use your gift card to pay the remaining balance. The value of your Visa Gift Card can be combined with cash when you are making a purchase. At the option of each merchant, the value of your Visa Gift Card may also be combined with a credit or debit card, or check when you are making a purchase. If you don’t tell the cashier you would like to use two forms of payment and then try to make a purchase for more than the amount on the Visa Gift Card, the transaction will be declined because you don’t have enough money on your Visa Gift Card.

Can I add more money to the Visa Gift Card?

No, this Visa Gift Card is not reloadable and it has no ATM or PIN functionality.

Can the Visa Gift Card be replaced if lost or stolen?

Visa Gift Cards should be treated like cash and will not be replaced if lost or stolen.

How long can I use the Visa Gift Card?

Your Visa Card will expire on the date shown on the front of your Visa Card. On the expiry of your Visa Card, any balance that remains after the expiry date will not be available for use and will be forfeited by you and become the property of the Distributor.

Can I use the Visa Gift Card overseas?

Yes. A Currency Conversion fee of 3.5% applies for foreign currency transactions.

What happens if I need to return something I purchased with my Visa Gift Card?

Keep your Visa Gift Card in case you need to return merchandise for credit. Merchandise return and refund policies vary by merchant. If a credit is issued to the cardholder, the credit may not be added to the available funds for up to seven business days.

For further details and full terms and conditions of your visa gift card visit https://rewardscometrue.com.au/visa-terms-and-conditions/