Terms of service

01The agreement

These terms are an agreement between you and The Care Plan Company (we, us, our), a business based in Melbourne, Victoria, Australia. They apply whenever you use our website, complete the questionnaire, hold an account or order a product from us.

By using the site or placing an order you agree to these terms and to our Privacy Policy, which forms part of this agreement. If you do not agree, please do not use the service.

In these terms, the person means the person the book is about; a care profile means the structured information you give us about them; a book means a personalised printed book or other product produced from a care profile; and a proof means the digital version of a book that we ask you to approve before printing.

02What we provide

We turn what you know about a person into a care profile and, from that, produce an anonymous, first-person, professionally designed printed book. The service includes the online questionnaire, drafting and editing of the text, review by our team, a digital proof for your approval, printing, and delivery within Australia. Your account lets you keep the care profile up to date and order further editions or products.

Every book is anonymous. It does not carry the person’s name, age, address or any identifying number, and every book has the same neutral title. We will not print a book that includes those details, even if you ask us to.

03Who can use the service

You may use the service and place an order if you:

• are at least 18 years old;
• are a parent, guardian, nominee, family member, carer or support provider for the person, or are the person yourself; and
• have the authority to share information about the person and to order a book about them (see section 5).

Organisations ordering on behalf of several people should contact us; separate commercial terms will apply.

04Your account

You can start the questionnaire without an account. An account is created when you place your first order so that you can approve proofs, keep the care profile current and see your orders. You must give us accurate contact details and keep them up to date.

Keep your sign-in details private and tell us straight away if you think someone else has used your account. You are responsible for activity under your account unless it results from our failure to secure it. If you invite another person to share your account, you are responsible for what they do in it, and they will be able to see the care profile and books.

You may close your account at any time from within the account or by contacting us. What happens to your information is described in the Privacy Policy.

05Your content and your authority to share it

Everything you tell us about the person is your content. You keep ownership of it. You give us a licence to store, structure, edit, reproduce and print it for the purpose of providing the service to you, and to use de-identified or aggregated information to improve the service.

When you provide content you promise that:

• you are entitled to share it, and where the person can take part in that decision they have been involved;
• it is accurate to the best of your knowledge and does not include anything the person would not want in the book;
• it does not include information about other people beyond what is needed to describe the person's life (first names of family, friends, pets and support workers are fine; their contact details are not);
• it does not include medication names or doses, the person's address, or identifying numbers; and
• it does not infringe anyone's rights or break any law.

We may decline to include content that we reasonably consider unsafe, unlawful, abusive or inconsistent with the purpose of the book. We will tell you if we do.

06Our role, and what the book is not

We organise, write and edit for clarity, tone and warmth. We do not add care information that you did not give us, and we do not verify it. You are responsible for checking that the proof is accurate and complete before you approve it.

The book is not a clinical document. It does not replace, and must not be relied on instead of, a medication chart, behaviour-support plan, emergency or health plan, NDIS plan or any instruction from a doctor, nurse, allied health professional or support provider. Where a formal plan covers something, the current version of that plan takes priority. We are not a health service and do not provide medical, legal or financial advice.

Automated tools may help us prepare the first draft of a book. They only ever receive de-identified information, and a member of our team reviews every book before a proof is released.

07Proofs and approval

Nothing is printed until you approve the digital proof in your account. We aim to have a first proof ready within two business days of your order; this is a target, not a guarantee.

• Changes requested before approval are free, within reason. We may ask you to combine many small changes into one round.
• Approving the proof confirms that you have read it, that it is accurate and complete, that it contains no identifying details, and that you authorise us to print it.
• Once approved, the edition is locked. Changes after approval are treated as a new edition (see section 10).
• If a proof is not approved within 90 days of being issued we may cancel the order and refund the amount paid, less any costs we have reasonably incurred.

08Orders, pricing and payment

Prices are shown in Australian dollars on the Pricing page and at checkout, and include GST where applicable. Delivery is charged separately and shown before you pay. We may change prices at any time; the price you pay is the price shown when you place your order.

Payment is taken at the time you order, through our payment provider. Your order is accepted when we email you a confirmation. If we cannot accept an order (for example because of a pricing error or because we cannot deliver to your address) we will tell you and refund any payment in full. If you ask us to, we will issue a tax invoice.

09Delivery

We deliver within Australia. Books are printed to order after you approve the proof and are usually dispatched within five to ten business days of approval, with delivery times depending on the carrier and your location. We will email you tracking details. Delivery estimates are not guarantees, and we are not responsible for delays caused by the carrier, incorrect address details you have given us, or events outside our control.

Risk in the book passes to you when it is delivered to the address you gave us. If a parcel is returned to us because the address was wrong or it was not collected, we may charge for redelivery.

10Changes, reprints and cancellations

• Before approval: you may change anything in the care profile and request changes to the proof free of charge. You may cancel for a full refund at any time before approving the proof.
• After approval: the edition is printed. Changes are made as a new edition, and reprints are charged at the rates on the Pricing page. Your care profile stays in your account, so a new edition only needs the changes.
• Cancellation by us: we may cancel an order if we reasonably believe these terms have been breached, if we cannot produce the book safely, or if a proof is not approved within 90 days. We will refund what you have paid, less any costs we have reasonably incurred after approval.

11Consumer guarantees, returns and refunds

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service you are entitled to cancel the service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to a replacement or refund for a major failure with goods, and to compensation for any other reasonably foreseeable loss or damage. If the failure is not major you are entitled to have it fixed in a reasonable time.

In addition to those rights:

• If a printed book arrives damaged, misprinted, with missing or blank pages, or does not match the approved proof, tell us within 30 days of delivery and we will reprint and resend it at no cost, or refund you if you prefer. We may ask for a photo.
• Because every book is made to order from your approved proof, we cannot otherwise refund or exchange a correctly printed book that matches the proof, including for changes of mind or for errors in the content you approved.
• Refunds are made to the original payment method within ten business days of being agreed.

12Intellectual property

You own your content (section 5). We own the design of the book, the templates, the questionnaire, the website, our brand and the way the service works. The written text of your book is produced from your content for you: you may use, copy and share your printed and proof copies freely for the person’s care, and you may not resell them or use our design or templates to produce books for others.

If you send us feedback or suggestions we may use them without obligation to you.

13Acceptable use

You must not:

• use the service to create a book about a person you have no authority to represent, or to harass, expose or harm anyone;
• provide false information or impersonate another person;
• attempt to access other customers' accounts or data, probe or test the security of the service, or interfere with its operation;
• copy, scrape or reproduce the website, questionnaire or templates, or use automated tools to access the service other than ordinary search engines;
• use the service for anything unlawful.

We may suspend or close accounts that breach this section and may report unlawful conduct to the relevant authorities.

14Privacy

How we collect, use, store and protect information about you and the person is set out in our Privacy Policy, including the cookies we use, who we share information with, how long we keep it, and how to access, correct or delete it.

15Availability and changes to the service

We work to keep the service available but do not guarantee it will be uninterrupted or error-free. We may change, suspend or withdraw parts of the service, or change these terms, at any time. If a change to these terms materially affects your rights we will email account holders before it takes effect. Orders already placed are governed by the terms in force when they were placed.

16Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

Subject to that, and to the extent permitted by law: we are not liable for any loss arising from reliance on a book as a substitute for a formal care, health or behaviour-support plan, or from information you provided or approved that was inaccurate or incomplete; we are not liable for indirect or consequential loss; and our total liability to you in connection with an order is limited to the amount you paid for that order, or to resupplying the product or service.

You agree to compensate us for any loss we reasonably suffer because you provided content you had no right to provide, or because you breached section 13.

17Ending the agreement

You can end this agreement at any time by closing your account. We can end it by closing your account if you breach these terms and do not fix the breach within 14 days of being told, or immediately for a serious breach. Sections 5, 6, 11, 12 and 16 survive the end of the agreement, as does anything else that by its nature should.

18General

• These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.
• If any part of these terms is found to be invalid, the rest continues to apply.
• If we do not enforce a right straight away, we have not waived it.
• You may not transfer this agreement to anyone else without our consent. We may transfer it to a successor of our business on notice to you.
• Neither of us is liable for a failure caused by events outside our reasonable control, other than an obligation to pay.
• These terms, the Privacy Policy and your order confirmation are the whole agreement between us about the service.

19Contact

Questions about these terms, or anything else: email hello@thecareplancompany.com.au or use the Contact page. A person will reply.