Privacy Policy and Terms & Conditions

Acceptance of Terms

Welcome to Royal Freemasons Ltd (RFL) website (RFLW). RFL provides services to you subject to the following Terms of Use (TOU), which may be amended by us from time to time with no notice to you. When using any RFL service you are also subject to any rules or guidelines, which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of RFLW constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

Accuracy of Information

All material on RFLW is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of RFLW is at your sole risk. Access to RFLW is provided on an ‘as available’ basis. Neither RFL its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on RFLW will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to RFLW will be uninterrupted, timely or secure. RFL will not be liable for loss resulting from any action or decision by you in reliance on the information on RFLW, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions

RFL and its affiliates attempt to be as accurate as possible. However, RFL does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by RFL itself is not as described, your sole remedy is to return it in unused condition.

Limitation of Liability

The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by RFL of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). RFL does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) RFL and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) RFL does not warrant that the functions contained in any Content or any Communications Facility or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) RFL does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not RFL) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of RFL) will RFL or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that RFL does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, RFL liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of RFL to the following:

  • In the case of services supplied or offered by RFL, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by RFL, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Applicable Law

These conditions and all other specific and additional terms which govern your use of and access to RFL will be governed by and construed in accordance with the laws of the state of Victoria, Australia.

Copyright

The material provided on RFLW is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of RFL or the appropriate supplier or licensor of RFL. You may not use any part of the material on RFLW to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of RFL or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The Redmond Park logo and the logo of Royal Freemasons copyright, trademarks or registered trademarks of RFL or its related companies. Other trademarks may be displayed on RFLW from time to time. These may belong to third parties. Nothing displayed on RFLW should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account, Membership and/or Registration

In consideration of your use of the web site, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by the web site’s contact form In particular when completing the contact form, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or RFL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RFL has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof). Electronic Communications and Your Conduct

When you visit RFLW or send email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The RFLW may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to RFL, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”). It is a condition of your use of any Communication Facility and your access to RFLW that you do not do any of the following:

  1. restrict or inhibit any other user from using or enjoying any Communication Facility;
  2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. post or transmit any material of any kind which contains a virus or other harmful component;
  5. post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
  6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  7. download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

RFL may from time to time monitor or review the contents of its Communication Facilities. While RFL reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in RFL’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, RFL has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is RFL responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

RFL reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User Licence To Royal Freemasons

By placing any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to RFL a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

  1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of RFL and any other party authorised by RFL all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of RFL, you will execute and deliver to RFL such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At RFL we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

RFL will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

Please REPORT any suspicious activity to us immediately.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by RFL are GST inclusive. RFL will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties may appear on RFLW from time to time. These web sites do not form part of RFLW and are not under the control of RFL or its related bodies corporate and neither RFL nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave RFLW and do so entirely at your own risk.

RFLW displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by RFL or its related companies of the relevant advertiser, its products or services or any such linked web site. If you contact a third party using functionality provided on RFLW, including via email, RFL accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

RFL endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Protecting your privacy

Royal Freemasons is committed to protecting your privacy and to ensuring we can provide you with the best possible care and services. We are bound by the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles.

This Privacy Collection Statement should be read in conjunction with our Privacy and Confidentiality Policy which contains detailed information on how we protect your privacy, including the way in which we may collect, use and disclose your information.

A copy of our Privacy and Confidentiality Policy is available on our website or at our facility. We will provide a copy of our Privacy and Confidentiality Policy to you when you move into our facility or before we start providing services to you.

Collection of information

We collect personal information about individuals directly from the individual or their legal representative. We will only collect information for a purpose that relates directly to our functions and activities as an aged care provider. We understand that you may not want to provide information to us. The information we request of you is relevant to providing you with the care and services you need. If you choose not to provide us with some or all of the information we request, we may not be able to provide you with the care and services you require.

For more detailed information, please refer to our Privacy and Confidentiality Policy.

Use and disclosure

We will use and disclose your personal information only for the purpose for which it was collected or for any other purpose that is otherwise directly related to our functions or activities as an aged care provider or otherwise permitted by law. Please refer to our Privacy and Confidentiality Policy for more detailed information.

Access and correction of information

Our Privacy and Confidentiality Policy also contains detailed information on how you may access the personal information we hold about you and how you can seek to have your personal information corrected.

Consent

We require your consent to collect, use and disclose your personal health information so that we are able to provide you with care and services you require. If we intend to use your health information for any other purpose, we will seek further consent from you. You can choose to withdraw consent at any time by providing notice to us.

Overseas recipients

We will not disclose your information to overseas recipients. If we do, we will take all steps that are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles.

Making a complaint

If you wish to make a complaint about the way we have managed your personal information you may make that complaint verbally or in writing by setting out the details of your complaint to any of the following:

  1. The Privacy Officer at Royal Freemasons Ltd on Phone: 1300 623 642 or via email marked Privacy Request to info@royalfreemasons.org.au
  2. Aged Care Quality and Safety Commission
    Online: www.agedcarequality.gov.au
    By calling 1800 951 822.
  3. Office of Australian Information Commissioner

How to contact us:

If you have any questions in relation to privacy or how we manage your personal information, please contact us on 1300 623 642.

Alternatively, you can email: info@royalfreemasons.org.au

References

Information Privacy Act (Vic) 2000 Privacy Act 1988 Charter of Human Rights and Responsibilities Act (Vic) 2006 Health Record Act (Vic) 2001 Privacy Amendment (Enhancing Privacy Protection) Act 2012 effective 13.03.14 Australian Privacy Principles

Policy

Royal Freemasons Ltd will use all reasonable efforts to protect the privacy of individuals’ personal information and to comply with the obligations imposed by the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs), the Aged Care Act and the Aged Care Principles.

This policy applies to all staff (including contracted agency staff) and volunteers.

Royal Freemasons will only collect personal information by lawful and fair means and will only collect personal information that is necessary for one or more of the organisation’s functions or activities.

If it is reasonable and practicable to do so, Royal Freemasons will collect personal information about an individual only from that individual.

In meeting our obligations with respect to the privacy of our customers we acknowledge that people with vision or hearing impairments and those of culturally and linguistically diverse people may require special consideration.

Purpose Of Policy

The purpose and scope of this policy (and its supporting procedure) is to:

  1. ensure personal information is managed in an open and transparent way;
  2. protect the privacy of personal information including Health Information of clients, residents and staff;
  3. provide for the fair collection and handling of personal information;
  4. ensure that personal information collected by Royal Freemasons is used and disclosed for relevant purposes only;
  5. regulate the access to and correction of personal information; and
  6. ensure the confidentiality of personal information through appropriate storage and security.

Guardianship And Powers Of Attorney

Royal Freemasons recognizes that consumers of its services may choose to have another person act on their behalf as regards financial, medical and/or lifestyle decisions. Accordingly, Royal Freemasons recognizes:

  • general power of attorney whereby someone is appointed to act on someone’s behalf usually for a specific period of time such as during a holiday.
  • An enduring power of attorney (financial) where someone is appointed for the making of legal and financial decisions such as the signing of a legal document, selling property or doing banking in case someone is unable to make these decisions at some time in the future.
  • An enduring power of attorney (medical treatment) where someone is appointed to make medical decisions on a person’s behalf, such as agreeing or refusing treatment, in case someone is unable to make those decisions at some point in the future.
  • An enduring power of guardianship whereby someone is appointed to make day-to-day lifestyle decisions on a persons behalf, such as where they live and health care issues, in case they are unable to make those decisions for themselves at some time in the future.
  • An Advanced Care Directive whereby someone has specified in a document instructions that consent to, or refuse, specified medical treatments and that articulate care and lifestyle preferences in anticipating future events or scenarios. Advance care directives have legal status and are intended to support a person’s previously articulated preferences to be upheld when they are not competent or capable of making informed decisions.

Royal Freemasons requires appropriately witnessed statutory declarations for all such arrangements and will maintain a copy on file. These are also subject to the Privacy Act 1988 and Australian Privacy Principles.

Reference Sources:

Privacy Act 1988
Australian Privacy Principles
Privacy Amendment (Enhancing Privacy Protection) Act 2012 effective 12 March 2014
Privacy Collection Statement
Aged Care Act 1997
Aged Care Principles
Privacy Procedure
Clinical Record Management Policy
Clinical Record Management Procedure
Independence and Advocacy Policy

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