Terms of Use

1. About These Terms

These Terms of Use (“Terms”) govern your access to and use of the ET Care (Ease Their Care) website, platform, and services (collectively, the “Platform”), including the ET artificial intelligence assistant. The Platform is operated by Ngigto Pty Ltd trading as ET Care (ABN 35113033775) (“we”, “us”, or “our”).

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and our Transparency Policy. If you do not agree with any part of these Terms, you must not use the Platform.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Platform with a revised effective date. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms.

2. Eligibility

The Platform is intended for use by individuals aged 18 years or older. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

The Platform is designed primarily for individuals in Australia who are navigating aged care options for themselves or their family members.

3. Nature of the Platform and AI Assistant

The Platform, including the ET assistant, provides general information and guidance to help Australian families navigate the complex aged care system. This includes information about My Aged Care, the Support at Home program, residential aged care, Centrelink means testing, and related topics.

3.1 Important Limitations

You acknowledge and agree that:

• The Platform does not provide legal, financial, medical, or professional advice of any kind. All information is general in nature and does not take into account your personal circumstances, financial situation, or objectives.
• ET is an artificial intelligence assistant. While we take reasonable steps to ensure ET provides helpful and accurate information, its responses may contain errors, omissions, or outdated information. AI-generated content should always be verified independently before being acted upon.
• The Australian aged care system is subject to frequent and complex changes across legislation, regulations, program rules, provider policies, fee structures, and administrative processes at federal, state, and territory levels. Multiple government agencies and service providers each maintain their own rules and conditions, which may change at short notice. While we make reasonable efforts to reflect the current state of the aged care system as accurately as possible, the complexity and frequency of these changes means we cannot and do not guarantee that any information on the Platform is current, complete, or accurate at any point in time.
• The Platform is not a substitute for consultation with qualified professionals, including aged care placement specialists, financial advisers, legal practitioners, or health professionals. You should always seek independent professional advice before making decisions about aged care.
• Information on the Platform relating to government programs (including My Aged Care, Support at Home, and Centrelink) is provided for general guidance only and may not reflect the most recent changes to those programs.

3.2 Not a Government Service

The Platform is not affiliated with, endorsed by, or operated by the Australian Government, the Department of Health and Aged Care, Services Australia, or My Aged Care. Any references to government services and programs are for informational purposes only.

4. Account Registration

Certain features of the Platform may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if you breach these Terms.

5. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform in any way that breaches any applicable Australian federal, state, or territory law or regulation.
• Use the Platform to transmit any material that is defamatory, offensive, harassing, discriminatory, or otherwise objectionable.
• Attempt to gain unauthorised access to the Platform, its servers, or any connected systems or databases.
• Use automated systems, bots, or scraping tools to access the Platform without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Platform.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Upload or transmit any viruses, malware, or other harmful code.
• Use the ET assistant to generate content that is misleading, fraudulent, or harmful.
• Reproduce, redistribute, or commercially exploit any content from the Platform without our prior written consent.

6. Intellectual Property

All content on the Platform, including text, graphics, logos, icons, images, software, and the compilation thereof, is the property of Ngigto Pty Ltd or its content suppliers and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).

The Ease Their Care name, ET Care brand, ET persona, and associated logos and marks are trademarks of Ngigto Pty Ltd. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

7. User Content

You may submit content to the Platform, including through interactions with the ET assistant (“User Content”). You retain ownership of your User Content, but you grant us a non-exclusive, worldwide, royalty-free licence to use, store, and process your User Content for the purpose of operating, improving, and providing the Platform and its services.

You represent and warrant that your User Content does not infringe any third party’s intellectual property rights, privacy rights, or any applicable law.

We reserve the right to remove any User Content that we reasonably consider to be in breach of these Terms or applicable law.

8. Third Party Links and Services

The Platform may contain links to third-party websites, services, or resources (including government websites such as My Aged Care and Services Australia). These links are provided for convenience only.

We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interaction with any third-party website or service is at your own risk and subject to that third party’s terms and conditions.

9. Disclaimers and Limitation of Liability

9.1 General Disclaimer

To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied.

9.2 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, our total liability to you for a failure to comply with such a guarantee is limited to (at our election):

• The supply of the services again; or
• The payment of the cost of having the services supplied again.

9.3 Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory.

This limitation applies regardless of whether the damages are foreseeable and whether we have been advised of the possibility of such damages.

9.4 Specific Aged Care Disclaimer

Aged care decisions involve significant personal, financial, and health considerations. We strongly recommend that you seek independent professional advice from qualified aged care specialists, financial advisers, and legal practitioners before making any decisions based on information obtained from the Platform.

We are not liable for any loss, harm, or adverse outcome that results from decisions made based on information provided by the Platform or the ET assistant.

9.5 No Reliance

You acknowledge and agree that you must not treat any information provided by the Platform or the ET assistant as a definitive or authoritative statement of the law, government policy, provider terms, fees, or eligibility criteria. All information on the Platform is provided for general guidance only, and you are solely responsible for verifying any information before acting on it.

You must not rely on the Platform as your sole or primary source of information when making aged care decisions. We expressly disclaim any responsibility for decisions you make, or fail to make, based on information obtained from the Platform.

9.6 Assumption of Risk

You acknowledge that aged care decisions involve significant personal, financial, health, and legal considerations, and that the consequences of such decisions may be substantial and irreversible. By using the Platform, you accept all risk associated with your use of, and reliance on, any information, guidance, or output provided by the Platform or the ET assistant.

Without limiting any other provision of these Terms, you acknowledge that the Platform is a guidance tool only, that we operate it on a best-efforts basis, and that no guarantee of accuracy, completeness, or fitness for any particular purpose is given or implied.

10. Indemnity

You agree to indemnify, defend, and hold harmless Ngigto Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform.
• Your breach of these Terms.
• Your violation of any applicable law or regulation.
• Any User Content you submit to the Platform.
• Your infringement of any third party’s rights.

11. Privacy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please review our Privacy Policy carefully.

12. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease.

You may terminate your account at any time by cancelling and deleting your account through the website, or by contacting us through the Contact Us page on our website. Upon termination, we will handle your personal information in accordance with our Privacy Policy.

Sections 6 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnity), and 13 (Governing Law) will survive termination of these Terms.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of [Insert State/Territory], Australia. You agree to submit to the exclusive jurisdiction of the courts of [Insert State/Territory] and any courts entitled to hear appeals from those courts.

14. Dispute Resolution

If a dispute arises in connection with these Terms or your use of the Platform, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC Mediation Guidelines.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

15. General Provisions

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and Transparency Policy, constitute the entire agreement between you and us regarding the use of the Platform.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Us

If you have any questions about these Terms, please contact us through the Contact Us page on our website.