Terms & Conditions


These terms and conditions (Terms) form the agreement between the customer (you and your) and Aged Care Report Card Pty Ltd - holding company that started Connect the 40% (Connect the 40%, we, us and our) in relation to the purchase of a gift or experience on the Connect the 40% platform. These Terms should be read in conjunction with our Website Terms and Conditions and our Privacy Policy.

1. Gifts and experiences

1.1 Once you purchase a gift or experience through the Website and have paid for the gift or experience in full, we will arrange for the gift or experience to be delivered or provided (as applicable) to the nominated recipient. 

1.2 Any estimated delivery times that we may provide to you are estimates only and will not be binding on us or our third party suppliers.  

1.3 Information about the gifts and experiences on the Website is based on material provided by third party suppliers.  Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third party suppliers. 

2. Cancellations and changes

2.1 If, for whatever reason, we are unable to provide the gift or experience to the nominated recipient, we will provide the gift to an alternative resident at its discretion.

2.2 If, for whatever reason, the gift or experience you purchased is not available, we will notify you of this and will refund any payment that you have made. 

2.3 If you wish to cancel your purchase, please contact us at payments@connectthe40.com  

3. Exclusion and limitation of liability

3.1 To the extent permitted by law and subject to sections 2 and 3.2, we exclude all responsibility and liability arising from or in connection with a gift or experience purchased through the Website, these Terms or your use of the Website, including, without limitation:

a. any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; 

b. any Loss or corruption of, or other damage to, data, interference with or damage to your IT systems or any interruption, delay or failure in the Website; and

c. any other Losses.

3.2 To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation including the Australian Consumer Law, the exclusion of which would contravene legislation or cause part or all of these Terms to be void).  Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the Loss.

4. Privacy

4.1 When you purchase a gift or experience for an aged care resident from us, we collect, use and store your personal information that you provide to us so that we can facilitate that gift or experience.  Unless restricted by applicable law, you agree that any and all personal information and other data relating to you collected by HelloCare from the Website from time to time may be used and disclosed for this purpose (including to such persons as contemplated in these Terms and in our Privacy Policy), as well as in accordance with applicable law.

5. General

5.1 Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions.  The remaining Terms remain in force and constitute a binding agreement between you and us.

5.2 Relationship between the parties – Nothing in these Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

5.3 No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

5.4 Entire agreement – These Terms, including any additional terms or policies which may be applicable to you, contain the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and has no further effect.

5.5 Force majeure – To the extent permitted by applicable law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

5.6 Governing law – These Terms are governed by the laws of Victoria, Australia.  You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts having appeal from them.

5.7 Dispute resolution – If you have any issue arising out of these Terms or in relation to your purchase, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

5.8 Variation – We may amend these Terms from time to time in our absolute discretion.  Where appropriate, we will use reasonable endeavours to notify you of any material changes. 

6. Definitions

6.1 Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

6.2 Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

6.3 Privacy Policy means our privacy policy, as amended from time to time and published on our Website accessible using the address https://connectthe40.com/privacy-policy/ or any replacement web page from time to time).

6.4 Website means our website (which can be found at https://connectthe40.com or any replacement web page from time to time).

6.5 Website Terms and Conditions means the terms and conditions governing the use of our Website and, as amended from time to time and published on our Website accessible using the address https://connectthe40.com/terms-conditions/ (or any replacement web page from time to time).

Date: 15/12/2021