WEBSITE AND PLATFORM TERMS
Terms of Service
Last updated: August 2026
Welcome to Care Performance Systems. These terms govern your access to and use of our Occupational Health Intelligence platform and website. By using our services, you agree to follow these legal obligations centered on aged care safety management.
1. About these Terms
These Terms of Service govern your use of the Care Performance Systems website and digital platform. By accessing our services, you acknowledge that you have read, understood, and agreed to be bound by these legal provisions, which are designed to ensure safety and performance standards in aged care environments.
2. Acceptance and authority
By using our systems, you represent and warrant that you have the legal authority to bind yourself or the organisation you represent to these Terms. Acceptance is confirmed by your continued use of the platform, clicking 'I Agree' during registration, or signing a facility agreement that incorporates these terms.
3. CPS services
Care Performance Systems (CPS) provides specialized Occupational Health Intelligence through assessment tools, risk monitoring dashboards, and workforce analytics. We reserve the right to modify, update, or temporarily suspend aspects of these services to perform maintenance or improve system security and functionality.
4. Signed facility agreements
These Terms operate alongside any signed Facility Agreement or Service Level Agreement. In the event of a direct conflict between these generic Terms and a specific signed agreement regarding pricing or service tiers, the terms of the signed agreement shall prevail to the extent of the inconsistency.
5. User accounts and access
Users must maintain the confidentiality of their login credentials. You are responsible for all activities occurring under your account. Access is granted on a per-user basis and sharing credentials between staff members is strictly prohibited to maintain audit trail integrity for clinical safety purposes.
6. CPS responsibilities
CPS is responsible for maintaining the platform's core infrastructure, providing evidence-based assessment frameworks, and ensuring that data is stored securely in accordance with Australian privacy standards. We commit to professional diligence in the delivery of our digital advisory and assessment services.
7. Organisation responsibilities
The subscribing organisation is responsible for ensuring that its staff use the platform as intended, maintaining accurate employee records, and acting upon the clinical alerts or risk reports generated by the CPS system to ensure workplace safety and compliance with relevant aged care standards.
8. Participant responsibilities
Staff members participating in assessments must provide accurate health and capability information. Participants acknowledge that the assessment outcomes are based on the self-reported data and performance metrics captured during the assessment sessions.
9. Permitted use
The platform may be used solely for internal business purposes related to workforce assessment, manual handling compliance, and injury prevention within your organisation. You may generate and download reports for audit and internal management purposes.
10. Prohibited use
Users must not attempt to reverse engineer the platform, bypass security measures, use the system to host unauthorized content, or extract data for the purpose of creating a competing product. Defamatory or unlawful use of the platform's communication tools is strictly forbidden.
11. Privacy and information handling
CPS handles all personal and sensitive health information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). We implement industry-standard encryption and security protocols to protect data from unauthorized access or disclosure.
12. Facility outcomes information
Aggregate data regarding facility outcomes may be used for benchmarking and industry reporting. Individual staff names or identifying details are never disclosed in external benchmark reports without explicit consent or anonymization.
13. Data ownership and permitted processing
The organisation retains ownership of the raw data inputted into the system. CPS is granted a license to process this data to generate reports, provide services, and create de-identified aggregated datasets for research and service improvement purposes.
14. CPS intellectual property
All software, code, assessment methodologies, exercise programmes, and dashboard designs are the exclusive intellectual property of Care Performance Systems. No ownership rights are transferred to users through the granting of access licenses.
15. Reports and service materials
Reports generated by the system are provided for the specific use of the subscribing organisation. While CPS strives for high accuracy, these materials are tools to support professional management and do not replace independent clinical judgment by qualified health professionals.
16. Third-party services
Our platform may integrate with third-party HR or clinical systems. CPS is not responsible for the availability or performance of these third-party services and recommends reviewing their respective terms and privacy policies.
17. Platform availability
We aim for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where possible. CPS is not liable for losses resulting from temporary system outages beyond our reasonable control.
18. Clinical and safety boundaries
The CPS platform is a management and assessment tool, not a diagnostic medical device. It provides indicators of risk and capability. All high-risk alerts should be followed up with face-to-face clinical assessments by a registered health professional.
19. No guaranteed outcomes
While our tools are designed to reduce injury risk and improve performance, CPS does not guarantee specific commercial or clinical outcomes. Workplace safety involves multiple factors beyond the scope of digital assessment software.
20. Fees and payment
Fees are payable as set out in your facility agreement or invoice. Access to the platform may be suspended if accounts remain unpaid beyond the agreed credit terms. All fees are quoted in Australian Dollars (AUD) unless otherwise specified.
21. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits your rights under that Law where those rights cannot be legally waived or restricted.
22. Liability
To the maximum extent permitted by law, CPS's total liability for any claim under these terms is limited to the amount paid by you for the services in the twelve months preceding the claim. We are not liable for indirect or consequential losses.
23. Suspension and termination
CPS may suspend or terminate your access for material breach of these Terms, including non-payment or prohibited use. You may terminate your subscription as per the notice periods specified in your facility agreement.
24. Confidentiality
Both parties agree to protect the confidential information of the other party with the same degree of care they use for their own. This obligation survives the termination of your service agreement for a period of five years.
25. Complaints and disputes
We encourage users to contact us directly at hello@careperformancesystems.com to resolve any issues. If a dispute cannot be resolved through good-faith negotiation, it shall be submitted to mediation in Queensland prior to any legal proceedings.
26. Governing law
These Terms are governed by the laws of Queensland, Australia. Users submit to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia for the resolution of any legal disputes.
27. Changes to these Terms
We may update these terms from time to time to reflect changes in law or our services. We will notify you of material changes via the platform or email. Continued use following notification constitutes acceptance of the new terms.
28. General provisions
If any part of these terms is found to be unenforceable, the remainder remains in full force. Failure to enforce a provision does not constitute a waiver of that provision. These terms represent the entire agreement between the user and CPS.
29. Contact CPS
For further information or to exercise your rights under these Terms, please contact Care Performance Systems at hello@careperformancesystems.com or via post to our registered office address in Australia.