الشروط والأحكام

معلومات مهمة يجب أن تعرفها

‍Effective Date: 1 January 2026

Next Review Date: 1 January 2027

Version: 2.0

For Users, Visitors, Residents and Families‍

1. Introduction and Acceptance of Terms

Welcome to the Oxa Care website (www.oxacare.com.au). These Terms and Conditions govern your use of our website and the information, content and services provided through it.

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use this website.

We recommend that you read these Terms and Conditions carefully before using this website. You should also read our Privacy Policy, which explains how we collect, use, store and protect your personal information.

Important Notice: These Terms and Conditions apply to your use of this website only. The provision of aged care services by Oxa Care is governed by separate legal agreements, including your Resident Agreement, Accommodation Agreement, and Higher Everyday Living Agreement (where applicable), which are entered into in accordance with the Aged Care Act 2024 (Cth) and the Aged Care Rules 2025.

2. About Oxa Care

This website is operated by:

Oxa Care Pty Ltd

ABN: 42 976 001 986 | ACN: 604 344 710

Address: 513 High Street, Epping, Victoria 3076

Phone: (03) 8402 0809

Email: oxainfo@oxacare.com.au

Oxa Care is a registered provider of residential aged care services under the Aged Care Act 2024 (Cth). We operate a residential aged care facility in Epping, Victoria, providing permanent residential care, respite care, and palliative care services.

3. Scope of These Terms

3.1 What These Terms Cover

These Terms and Conditions apply to:

Your access to and use of our website (www.oxacare.com.au)

Any information, content, materials or services made available through the website

Enquiry forms, contact submissions and other communications made through the website

Any interactive features, including virtual tours and booking functions

3.2 What These Terms Do Not Cover

These Terms and Conditions do not govern:

The provision of residential aged care, respite care or palliative care services

Your rights and obligations as a resident or prospective resident

Accommodation arrangements, fees and charges for aged care services

Higher Everyday Living Fees (HELF) and related services

These matters are governed by separate written agreements entered into in accordance with the Aged Care Act 2024 and the Aged Care Rules 2025, including your Resident Agreement (Service Agreement), Accommodation Agreement, and Higher Everyday Living Agreement.

4. Aged Care Services and Agreements

4.1 Regulatory Framework

Oxa Care is a registered provider under the Aged Care Act 2024 (Cth). The provision of aged care services is regulated by:

The Aged Care Act 2024 (Cth)

The Aged Care Rules 2025

The Statement of Rights (Section 15 of the Aged Care Act 2024)

The Strengthened Aged Care Quality Standards

The Aged Care Quality and Safety Commission

4.2 Service Agreements

Before entering care at Oxa Care, you (or your authorised representative) must enter into written agreements as required by law. These agreements set out your rights and obligations and ours, including:

Resident Agreement (Service Agreement): This agreement must be signed before you enter the facility and covers the care and services we will provide.

Accommodation Agreement: For permanent residents, this covers your accommodation arrangements, including any Refundable Accommodation Deposit (RAD) or Daily Accommodation Payment (DAP).

Higher Everyday Living Agreement: If you choose to purchase Higher Everyday Living (HELF) services, you will enter into a separate agreement for those services. HELF agreements are completely optional and cannot be entered into before you commence care.

4.3 Statement of Rights

As a resident of Oxa Care, you have rights under the Statement of Rights in Section 15 of the Aged Care Act 2024. These rights include the right to safe, quality care, to be treated with dignity and respect, to have your identity, culture and diversity valued, to make decisions about your care, and to raise concerns without fear of reprisal. A full copy of the Statement of Rights is available on request and is provided to all residents.

4.4 Information on This Website

Information about our services, fees, accommodation and care on this website is provided for general information purposes only. It does not constitute a binding offer and may be subject to change. Specific terms, fees and services will be set out in your written agreements. If there is any inconsistency between information on this website and your written agreements, your written agreements will prevail.

5. Use of This Website

5.1 Permitted Use

You may use this website for lawful purposes only, including to obtain information about Oxa Care and our services, make enquiries about residential aged care, respite care or palliative care, submit contact forms and booking requests, access resources and information for residents and families, and view virtual tours and facility information.

5.2 Prohibited Conduct

When using this website, you must not:

Use the website in any way that breaches any applicable local, state, national or international law or regulation

Use the website in any way that is fraudulent, deceptive or misleading

Transmit or procure the sending of any unsolicited advertising or promotional material (spam)

Knowingly transmit any data or material that contains viruses, malware or other harmful programs

Attempt to gain unauthorised access to the website, server or any connected database or system

Use any automated system, including robots or spiders, to access the website

Reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our express written permission

Submit false, inaccurate, misleading, defamatory, offensive or inappropriate content

Impersonate any person or misrepresent your identity or affiliation with any person or organisation

6. Website Content and Information

6.1 General Information Only

The content on this website is provided for general information purposes only. While we endeavour to ensure the information is accurate and up to date, we do not warrant or represent that the content is complete, accurate, reliable, current or error-free.

Information about fees, services, accommodation and care is indicative only and may change. Specific information will be provided in your written agreements and during the admission process.

6.2 Not Professional Advice

Nothing on this website constitutes medical, health, legal, financial or other professional advice. You should seek independent professional advice before making any decisions about aged care, including decisions about entering care, accommodation payments, and financial arrangements.

We recommend that you:

Consult with your GP and healthcare providers about care needs

Seek independent financial advice about accommodation payments and fees

Seek independent legal advice before signing any agreements

Contact Services Australia for information about aged care subsidies and means testing

7. Intellectual Property

7.1 Our Intellectual Property

Unless otherwise stated, Oxa Care or its licensors own the intellectual property rights in all content on this website, including text, graphics, logos, images, photographs, videos, virtual tours, software and the overall design and layout of the website.

The Oxa Care name, logo and branding are trademarks of Oxa Care Pty Ltd. You must not use our trademarks without our prior written consent.

7.2 Limited Licence

We grant you a limited, non-exclusive, revocable licence to access and use this website for personal, non-commercial purposes. You may view, download and print pages from this website for your own personal use, subject to these Terms and Conditions.

يجب عليك عدم القيام بما يلي:

Republish material from this website without attribution

Sell, rent, licence or sub-licence material from this website

Reproduce, duplicate or copy material for commercial purposes

Modify, adapt, translate or create derivative works from content on this website

Frame or embed content from this website without our written consent

8. User Submissions and Communications

8.1 Enquiries and Contact Forms

When you submit an enquiry or contact form through this website, you acknowledge that the information you provide will be used to respond to your enquiry and for the purposes set out in our Privacy Policy. You must ensure that any information you provide is accurate and complete.

8.2 User Content

If you submit any content to this website (including testimonials, reviews, feedback or other user-generated content), you grant us a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate and distribute that content in any media. You warrant that you have all necessary rights to grant this licence and that the content does not infringe the rights of any third party.

We reserve the right to remove any user content that we consider, in our absolute discretion, to be inappropriate, offensive, misleading, defamatory, or in breach of these Terms and Conditions.

9. Privacy and Personal Information

We are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and the Aged Care Act 2024 (Cth).

Our Privacy Policy explains how we collect, use, store, disclose and protect your personal information. By using this website, you consent to the collection and use of your information as described in our Privacy Policy. Our Privacy Policy is available on our website and upon request.

10. Cookies and Tracking Technologies

This website uses cookies and similar technologies to enhance your browsing experience, analyse website traffic and usage, and for marketing purposes.

Cookies are small text files stored on your device when you visit a website. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain on your device until deleted or expired).

By using this website, you consent to our use of cookies. You can manage or disable cookies through your browser settings, but this may affect the functionality of the website. For more information about how we use cookies, please refer to our Privacy Policy.

11. Third-Party Links

This website may contain links to third-party websites, including government websites, industry organisations, and other resources. These links are provided for your convenience and information only.

We do not control, endorse or take responsibility for the content, privacy practices or availability of any third-party websites. We are not liable for any loss or damage arising from your use of any third-party website. We encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

12. Fees, Charges and Payments

12.1 Website Use

Access to this website is provided free of charge. We do not charge any fees for viewing information, making enquiries or using the general features of this website.

12.2 Aged Care Fees and Charges

Information about aged care fees and charges displayed on this website is indicative only and subject to change. Fees for aged care services are governed by the Aged Care Act 2024 and Aged Care Rules 2025, and may include:

Basic Daily Fee (government-set)

Means Tested Care Fee (assessed by Services Australia)

Accommodation payments (RAD, DAP or combination)

Higher Everyday Living Fees (optional)

Specific fees applicable to you will be set out in your written agreements and disclosed to you during the admission process in accordance with legal requirements.

13. Limitation of Liability

13.1 Website Use

To the maximum extent permitted by law, Oxa Care excludes all liability (including negligence) for any loss, damage, cost or expense (whether direct, indirect, incidental, special, consequential or exemplary) arising from or in connection with your use of, or inability to use, this website, including any reliance on information contained on this website.

This includes, but is not limited to, loss of data, loss of revenue, loss of profits, loss of business, loss of opportunity, loss of goodwill or reputation, or any indirect or consequential loss.

13.2 No Warranties

To the maximum extent permitted by law, this website and all content is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the website will be uninterrupted, error-free or free of viruses or other harmful components.

13.3 Aged Care Services

Nothing in these Terms and Conditions limits or excludes any liability that cannot be limited or excluded by law, including liability under the Aged Care Act 2024, liability for personal injury or death caused by negligence, or liability for fraud or fraudulent misrepresentation.

Liability in respect of aged care services is governed by your written agreements and applicable law, not these Terms and Conditions.

14. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), may imply warranties, conditions or guarantees, or impose obligations on us, that cannot be excluded, restricted or modified except to a limited extent.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services resupplied.

15. Indemnity

You agree to indemnify, defend and hold harmless Oxa Care, its officers, directors, employees, agents and contractors 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 this website

Your breach of these Terms and Conditions

Your violation of any law or the rights of any third party

Any content you submit to this website

16. Complaints and Disputes

16.1 Website Complaints

If you have a complaint about this website or these Terms and Conditions, please contact us using the details in Section 21. We will acknowledge your complaint and endeavour to respond within a reasonable timeframe.

16.2 Aged Care Complaints

Complaints about aged care services are handled separately under our Complaints Management Policy in accordance with the Aged Care Act 2024. If you have a complaint about your care or services, you may:

Speak with our staff or management directly

Submit a formal complaint to our Complaints Officer

Contact the Aged Care Quality and Safety Commission on 1800 951 822 or at www.agedcarequality.gov.au

You have the right to raise concerns and make complaints without fear of reprisal, in accordance with your Statement of Rights.

17. Changes to These Terms

We may update these Terms and Conditions from time to time. When we make changes, we will update the "Effective Date" at the beginning of this document and post the updated Terms and Conditions on our website.

Your continued use of this website after any changes constitutes your acceptance of the updated Terms and Conditions. We encourage you to review these Terms and Conditions periodically.

If we make material changes that significantly affect your rights, we will endeavour to provide reasonable notice through the website or by other means.

18. Termination and Suspension

We reserve the right to suspend, restrict or terminate your access to this website at any time, without notice, for any reason, including if we believe you have breached these Terms and Conditions.

The provisions of these Terms and Conditions that by their nature should survive termination will survive, including intellectual property provisions, limitation of liability, indemnity, and governing law.

19. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of any dispute arising out of or in connection with these Terms and Conditions or your use of this website.

20. General Provisions

20.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Oxa Care in relation to your use of this website and supersede all prior agreements and understandings in relation to that subject matter.

20.2 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid, illegal or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

20.3 Waiver

No failure or delay by us in exercising any right under these Terms and Conditions will operate as a waiver of that right. A waiver of any breach of these Terms and Conditions will not constitute a waiver of any subsequent breach.

20.4 Assignment

You may not assign, transfer or sub-license any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms and Conditions at any time without notice to you.

20.5 Relationship

Nothing in these Terms and Conditions creates any agency, partnership, joint venture, employment or fiduciary relationship between you and Oxa Care.

21. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Oxa Care Pty Ltd

ABN: 42 976 001 986 | ACN: 604 344 710

Address: 513 High Street, Epping, Victoria 3076

Phone: (03) 8402 0809

Email: oxainfo@oxacare.com.au

Website: www.oxacare.com.au

22. Definitions

In these Terms and Conditions:

"Accommodation Agreement" means the written agreement between you and Oxa Care setting out the terms of your accommodation, including any Refundable Accommodation Deposit (RAD) or Daily Accommodation Payment (DAP).

"Aged Care Act" means the Aged Care Act 2024 (Cth).

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"DAP" means Daily Accommodation Payment, being a daily fee for accommodation in a residential aged care facility.

"HELF" or "Higher Everyday Living Fee" means a fee for services that are additional to, or at a higher standard than, the services we are required to provide under the Aged Care Act.

"Higher Everyday Living Agreement" means the written agreement between you and Oxa Care for the provision of Higher Everyday Living services.

"Privacy Policy" means the Oxa Care Privacy Policy, as amended from time to time, available on our website.

"RAD" means Refundable Accommodation Deposit, being a lump sum payment for accommodation in a residential aged care facility that is refundable when you leave.

"Resident Agreement" or "Service Agreement" means the written agreement between you and Oxa Care setting out the care and services we will provide to you as a resident.

"Statement of Rights" means the Statement of Rights set out in Section 15 of the Aged Care Act 2024.

"We", "us", "our", "Oxa Care" refers to Oxa Care Pty Ltd (ABN 42 976 001 986, ACN 604 344 710).

"Website" means www.oxacare.com.au and all pages, content and services accessible through that domain.

"You", "your" refers to any person accessing or using this website.

These Terms and Conditions were last updated on 1 January 2026.

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