We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. Learn more
CAREPLANS CONSUMER TERMS OF USE
Australia
Last Updated: 8 February 2026
CarePlans AI Pty Ltd
ACN 691 158 237
ABN 92 691 158 237
7 York Street
Gladesville NSW 2111, Australia
www.careplans.io
IMPORTANT NOTICE TO CONSUMERS
Please read these Terms carefully before using the CarePlans Service.
YOU HAVE RIGHTS UNDER AUSTRALIAN CONSUMER LAW that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) or other applicable law that cannot lawfully be excluded or limited.
CarePlans is NOT a healthcare service, medical service, mental health service, aged care service, or emergency service. It is a social companionship service only.
If you or someone you care for is experiencing a medical or mental health emergency, call 000 immediately.
CONSENT DECLARATION
By checking the consent box or otherwise electronically accepting these Terms, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. You further declare that:
(a) you are at least 18 years of age;
(b) you are either: (i) the person who will receive CarePlans services; (ii) the authorised representative, guardian, or person with enduring power of attorney for the person receiving services; or (iii) acting with the informed consent of the person receiving services;
(c) you consent to receiving automated artificial intelligence voice calls from CarePlans at the telephone number you have provided;
(d) you consent to all Conversations being recorded, as detailed in Section 4;
(e) you are either the account holder for the telephone number provided, or you have obtained permission from the account holder to receive calls at that number;
(f) where you are providing consent on behalf of another person (the "Care Recipient"): you have the legal authority to do so under Australian law; the Care Recipient either has capacity and has provided informed consent, or lacks capacity and you are acting in their best interests in accordance with applicable guardianship and substitute decision-making laws; and you have read and understood the "Vulnerable Persons Protection" provisions in Section 3.4; and
(g) you have the legal capacity and authority to enter into this Agreement under Australian law.
IMPORTANT: If you are unsure about your authority to consent on behalf of another person, please seek legal advice before proceeding. Different Australian states and territories have different laws regarding substitute decision-making and guardianship.
1. INTRODUCTION AND DEFINITIONS
1.1 Agreement
This Consumer Terms of Use Agreement ("Agreement" or "Terms") is a legally binding contract between you and CarePlans AI Pty Ltd (ACN 691 158 237, ABN 92 691 158 237) ("CarePlans", "we", "us", or "our"). These Terms govern your access to and use of the CarePlans artificial intelligence voice companion service ("Service").
1.2 Definitions
"ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Account" means your registered account for accessing the CarePlans Service.
"Australian Privacy Principles" or "APPs" means the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
"Care Recipient" means the person who receives CarePlans services, whether or not they are the person who entered into this Agreement.
"Conversations" means the AI-generated voice interactions between CarePlans and the Care Recipient.
"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
"Sensitive Information" has the meaning given in the Privacy Act 1988 (Cth) and includes health information.
"Subscription Fee" means the fees payable for the Service as set out on our website or as otherwise agreed.
"Vulnerable Person" means a person who may have reduced capacity to make decisions or protect their own interests, including elderly persons, persons with cognitive impairment, persons with mental health conditions, or persons in aged care facilities.
1.3 Electronic Acceptance
By checking the consent box or otherwise electronically accepting these Terms, you agree to be bound by this Agreement as if you had signed it in writing. This electronic acceptance is valid and enforceable under the Electronic Transactions Act 1999 (Cth) and relevant state legislation.
2. DESCRIPTION OF SERVICE
2.1 Service Overview
CarePlans provides an artificial intelligence powered voice companion service that makes scheduled telephone calls to Care Recipients for social interaction, wellbeing conversation, and companionship. The Service uses AI technology to conduct human-like conversations on various topics including personal interests, daily activities, relationships, storytelling, and general discussion.
2.2 What CarePlans IS
CarePlans IS:
(a) a social companionship service;
(b) an AI-powered conversational companion;
(c) a service to reduce social isolation through regular phone conversations; and
(d) a tool to help maintain social connection and engagement.
2.3 What CarePlans IS NOT - Critical Disclaimers
PLEASE READ CAREFULLY
CarePlans is NOT:
(a) a healthcare service, medical service, or therapeutic service;
(b) a substitute for professional medical care, mental health services, psychology, counselling, or aged care services;
(c) an emergency response service or crisis support service;
(d) a monitored service (we do not monitor calls in real-time);
(e) a replacement for human care, medical supervision, or professional advice; or
(f) qualified to provide medical advice, diagnosis, treatment recommendations, or health-related guidance.
Critical Warnings
You acknowledge and agree that:
(a) you must always consult qualified healthcare professionals for health or wellbeing concerns;
(b) CarePlans must NEVER be used for emergencies;
(c) AI may misunderstand, provide incorrect information, or respond inappropriately;
(d) we do not guarantee the accuracy, reliability, appropriateness, or suitability of AI responses;
(e) AI-generated Conversations may contain errors, emotional misjudgments, inappropriate responses, or factual inaccuracies; and
(f) you must not rely on any AI output for any purpose other than general social interaction.
2.4 No Medical or Health Advice
You acknowledge and agree that:
(a) CarePlans does not provide medical advice or health-related guidance;
(b) any information provided during Conversations is for general social interaction only;
(c) you must not rely on any statements made by the AI as medical, health, or professional advice;
(d) you must always seek advice from qualified healthcare professionals for any health concerns;
(e) we actively discourage discussions of health conditions, medications, or medical symptoms; and
(f) the AI is not trained or authorised to respond appropriately to topics involving serious health symptoms, suicidal thoughts, self-harm, abuse, or legal/financial matters.
2.5 Technology Limitations
You understand and accept that:
(a) AI technology is not perfect and may malfunction or produce unexpected results;
(b) the AI may misinterpret statements, emotions, or context;
(c) internet and telecommunications disruptions may affect service quality;
(d) the Service may be unavailable from time to time for maintenance or technical issues; and
(e) we are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to telecommunications failures, internet outages, AI model provider outages, or force majeure events.
2.6 Emergency Information
IF YOU OR SOMEONE YOU CARE FOR IS IN DANGER OR EXPERIENCING AN EMERGENCY
Emergency (Police, Fire, Ambulance): Call 000
Crisis & Mental Health Support Services:
Lifeline (24/7 Crisis Support): 13 11 14
Beyond Blue (Mental Health Support): 1300 22 4636
Suicide Call Back Service: 1300 659 467
Kids Helpline (under 25): 1800 55 1800
1800 RESPECT (Family Violence): 1800 737 732
13HEALTH (Health Advice): 13 43 25 84
CarePlans cannot and must not be used for emergencies. Do not rely on CarePlans to detect or respond to emergencies.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility Requirements
To use the CarePlans Service, you must:
(a) be at least 18 years of age;
(b) be a resident of Australia or otherwise located in Australia at the time of registration and use;
(c) provide accurate, complete, and current registration information;
(d) have the legal capacity and authority to enter into this Agreement; and
(e) not be prohibited from using the Service under any applicable law.
3.2 Registering on Behalf of Another Person
If you are registering an Account for someone else (the Care Recipient), you represent and warrant that:
(a) you have obtained all necessary consents and authorisations to register the Account on their behalf under applicable laws including relevant state and territory guardianship legislation;
(b) you are acting in their best interests and in accordance with your legal duties;
(c) you have legal authority to act on their behalf as their appointed guardian, attorney under an Enduring Power of Attorney, authorised representative, or person to whom they have provided informed consent;
(d) if the Care Recipient lacks decision-making capacity, you are acting in accordance with applicable guardianship and substitute decision-making laws in your state or territory; and
(e) you will keep the Care Recipient appropriately informed about the Service and their rights under these Terms, to the extent they are able to understand.
You indemnify CarePlans against any claim, loss, or liability arising from your lack of authority to act for the Care Recipient or from any misrepresentation of consent or authority.
3.3 Documentation of Authority
For Vulnerable Persons, we may request that you provide evidence of your authority to act on their behalf, which may include:
(a) guardianship orders;
(b) Enduring Power of Attorney documents;
(c) advance care directives;
(d) medical certificates regarding capacity; or
(e) other relevant legal documentation.
We reserve the right to refuse or suspend service if we cannot verify appropriate authority or if we believe the service is not in the Care Recipient's best interests.
3.4 Vulnerable Persons Protection
SPECIAL PROTECTIONS FOR VULNERABLE PERSONS
If the Care Recipient is a Vulnerable Person:
(a) Independent Verification: We may require independent verification that the registration is in the Care Recipient's best interests, which may include contact with an independent third party nominated by you;
(b) Cooling-Off Period: You have an extended 14-day cooling-off period from the date of registration during which you may cancel without penalty;
(c) Ongoing Consent: Where the Care Recipient has capacity, their ongoing consent to receive calls must be maintained. If at any time the Care Recipient expresses unwillingness to receive calls, you must inform us immediately;
(d) Capacity Changes: You must inform us immediately if there are material changes to the Care Recipient's mental capacity or circumstances;
(e) Third Party Concerns: If we receive concerns from family members, healthcare providers, or other third parties about the appropriateness of the Service for the Care Recipient, we may investigate and may suspend the Service pending resolution;
(f) Best Interests Assessment: We reserve the right to conduct our own assessment of whether continuing to provide the Service is in the Care Recipient's best interests;
(g) Complaint Rights: Any person with a legitimate interest in the Care Recipient's welfare may raise concerns with us or with relevant regulatory authorities including the Aged Care Quality and Safety Commission (if applicable), state guardianship tribunals, or the Office of the Australian Information Commissioner;
(h) Mandatory Reporting: We may report concerns to relevant authorities (e.g., state guardianship tribunals, police, Aged Care Quality and Safety Commission, or Adult Safeguarding Units) if we reasonably suspect elder abuse, exploitation, neglect, or immediate risk to a Vulnerable Person, in accordance with applicable laws; and
(i) Elder Abuse Considerations: We will take extra care in line with best practices for preventing elder financial abuse or exploitation, including monitoring for signs of undue influence.
3.5 Account Security
You are responsible for:
(a) maintaining the confidentiality of your Account login credentials;
(b) all activities that occur under your Account;
(c) immediately notifying us of any unauthorised access or security breach; and
(d) ensuring contact information remains current and accurate.
4. TELECOMMUNICATIONS AND RECORDING CONSENT
4.1 Consent to Receive Calls
By using the Service, you expressly consent to receiving automated AI voice calls from CarePlans at the telephone number(s) you have provided. You acknowledge that:
(a) these calls are made using automated systems and artificial intelligence technology;
(b) calls will be made at scheduled times agreed upon during registration; and
(c) you may receive reminder messages or service-related communications.
4.2 Telephone Number Requirements
You represent and warrant that you are either:
(a) the account holder of the telephone number(s) provided; or
(b) you have obtained express permission from the account holder to receive CarePlans services at that number.
You acknowledge that:
(i) standard call charges from your telecommunications provider may apply;
(ii) mobile and landline charges may vary; and
(iii) we are not responsible for any charges incurred with your telecommunications provider.
4.3 Recording of Conversations
RECORDING NOTICE – READ CAREFULLY
ALL CONVERSATIONS WITH CAREPLANS ARE RECORDED
By using the Service, you expressly consent to the recording of ALL voice calls and Conversations between CarePlans and the Care Recipient. You acknowledge that recording laws differ across Australian jurisdictions. By accepting these Terms and continuing to receive calls after hearing the recording notification at the start of each call ("This call is being recorded for quality, training, and safety purposes. By continuing, you consent to the recording. If you do not consent, please hang up now."), you provide your consent (and warrant that you have obtained the Care Recipient's consent where required) under the applicable Surveillance Devices / Listening Devices legislation in the relevant state or territory.
4.3.1 Recording Purpose
We record all Conversations for the following purposes:
(a) service delivery and continuity of conversation;
(b) quality assurance and service improvement;
(c) training and improvement of our AI systems;
(d) compliance with legal obligations;
(e) protection of both users and CarePlans in case of disputes; and
(f) safety monitoring and safeguarding purposes.
4.3.2 State-Specific Recording Laws
Australia has different recording consent laws in each state and territory. By accepting these Terms, you consent to recording under the laws applicable in your jurisdiction:
New South Wales: Surveillance Devices Act 2007 (NSW)
Victoria: Surveillance Devices Act 1999 (Vic)
Queensland: Invasion of Privacy Act 1971 (Qld)
South Australia: Surveillance Devices Act 2016 (SA)
Western Australia: Surveillance Devices Act 1998 (WA)
Tasmania: Listening Devices Act 1991 (Tas)
Australian Capital Territory: Listening Devices Act 1992 (ACT)
Northern Territory: Surveillance Devices Act 2007 (NT)
You warrant that you have authority to provide consent to recording on behalf of the Care Recipient (if applicable) under the laws of your state or territory. We require you to confirm the state/territory of the Care Recipient during signup.
4.3.3 Opt-Out of Recording = Opt-Out of Service
Recording is ESSENTIAL to our Service and cannot be disabled. If you do not consent to recording, you may NOT use the Service. To withdraw consent to recording:
(a) hang up on any current call immediately;
(b) terminate your Account by contacting us; or
(c) do not initiate or accept future calls.
4.3.4 Storage and Security
Recordings are:
(a) stored securely on encrypted servers located in Australia;
(b) handled in accordance with our Privacy Policy and the Australian Privacy Principles;
(c) retained in accordance with Section 5.7 (Data Retention); and
(d) protected with industry-standard security measures.
4.3.5 Access to Recordings
You may request access to recordings of your Conversations by contacting us as set out in Section 18. We will provide access in accordance with the Privacy Act 1988 (Cth) and APP 12.
4.4 Do Not Call Register Compliance
4.4.1 Express Consent
By registering for CarePlans, you provide express informed consent to receive voice calls from us. This consent is specific, informed, and voluntary as required under the Do Not Call Register Act 2006 (Cth).
4.4.2 DNC Register
Your express consent allows us to call you even if your number is registered on the Australian Government's Do Not Call Register. However, you retain all rights under the Do Not Call Register Act including the right to withdraw consent at any time.
4.4.3 Withdrawal of Consent
You may withdraw your consent to receive calls at any time by:
(a) terminating your Account through account settings;
(b) contacting us as set out in Section 18; or
(c) following any opt-out instructions provided during calls.
Upon withdrawal of consent, we will cease calling within 2 business days.
4.5 Call Scheduling and Frequency
You may specify:
(a) preferred days and times for calls;
(b) frequency of calls (e.g., daily, weekly);
(c) duration preferences; and
(d) topics to avoid or focus on.
We will make reasonable efforts to honour your preferences but cannot guarantee exact timing due to technical or operational constraints.
5. PRIVACY AND DATA PROTECTION
5.1 We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
5.2 Our Privacy Policy (available at www.careplans.io/privacy) explains how we collect, use, disclose, store, secure and give access to Personal Information and Sensitive Information.
5.3 By using the Service you consent to the collection, use, disclosure and handling of your Personal Information (and where applicable, the Care Recipient's Personal Information) as described in our Privacy Policy.
5.4 We collect Personal Information including name, contact details, telephone number, call preferences, and — where you choose to share it — information discussed during Conversations.
5.5 Conversations are recorded and may contain Sensitive Information (including health information). We only collect Sensitive Information that is reasonably necessary for the purposes of providing the Service, quality improvement, AI training (de-identified where possible), and safety monitoring.
5.6 We may disclose Personal Information to:
(a) our service providers (e.g. cloud hosting, telecommunications, AI model providers) located in Australia or overseas;
(b) regulators, law enforcement or courts when required or authorised by law;
(c) third parties where you have consented or it is reasonably expected.
5.7 Data Retention
We retain Conversation recordings and related data for up to 7 years (or longer if required by law) for quality, safety, dispute resolution and legal compliance purposes. After this period, data is securely deleted or de-identified.
5.8 AI Training
We may use de-identified and aggregated Conversation data to improve our AI models. We do not use identifiable Sensitive Information for training without your express consent.
5.9 Your Rights
You may request access to, correction of, or deletion of your Personal Information (subject to legal exceptions) by contacting us at support@careplans.io.
6. SUBSCRIPTION FEES AND PAYMENT
6.1 The Service is provided on a subscription basis. Fees and billing periods are displayed on our website at the time of registration or renewal.
6.2 You authorise us to charge the Subscription Fee (and any applicable taxes) to your nominated payment method on the billing date.
6.3 Fees are non-refundable except as required under the Australian Consumer Law or as expressly stated in these Terms.
6.4 We may change pricing with at least 30 days' notice. Continued use after the change constitutes acceptance of the new price.
6.5 If payment fails, we may suspend or terminate your Account until payment is received.
7. CANCELLATION AND TERMINATION
7.1 You may cancel your subscription at any time via your Account settings or by contacting us. Cancellation takes effect at the end of the current billing period unless otherwise stated.
7.2 For Vulnerable Persons, the 14-day cooling-off period applies as set out in Section 3.4.
7.3 We may suspend or terminate your Account immediately if:
(a) you breach these Terms;
(b) we reasonably suspect fraudulent activity;
(c) we believe continued use poses a risk to the Care Recipient or others;
(d) required by law.
7.4 Upon termination, we will cease making calls and your access to the Service will end. No refund is provided for any unused portion of a prepaid period except where required by law.
8. INTELLECTUAL PROPERTY
8.1 All rights, title and interest in the Service, AI technology, software, recordings, and content (excluding your Personal Information) remain with CarePlans or our licensors.
8.2 You are granted a limited, non-transferable, revocable licence to use the Service for personal, non-commercial purposes during your subscription.
8.3 You must not: copy, modify, reverse-engineer, distribute, or commercially exploit any part of the Service.
9. FORCE MAJEURE
We are not liable for any failure or delay in performance caused by events beyond our reasonable control (including telecommunications failures, internet outages, AI provider outages, natural disasters, government actions, or pandemics).
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law (including under the Australian Consumer Law), CarePlans excludes all liability for any loss or damage (including indirect, consequential, special or exemplary damages, loss of profits, loss of opportunity, or loss of data) arising out of or in connection with:
(a) your use of, or inability to use, the Service;
(b) any inaccuracy, error, delay, interruption, or failure in the Service or in any AI-generated Conversation;
(c) any reliance placed on any information or statements made during Conversations;
(d) the acts or omissions of any third party telecommunications provider;
(e) any unauthorised access to or use of your Account or telephone number.
10.2 Where liability cannot be excluded, to the extent permitted by law our total liability to you (including under the Australian Consumer Law) for any claim arising from or related to these Terms or the Service is limited to:
(a) in the case of services — the re-supply of the services or the payment of the cost of having the services re-supplied; or
(b) in the case of goods — the repair or replacement of the goods or the payment of the cost of repair or replacement,
whichever we elect, and in any event limited to the total Subscription Fees paid by you in the three (3) months preceding the event giving rise to the claim (or, where no fees were paid, AUD $100).
11. INDEMNITY
You agree to indemnify, defend, and hold harmless CarePlans, its officers, directors, employees, agents, and affiliates from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
(a) your use of the Service;
(b) your violation of these Terms;
(c) any third-party claim related to your provision of consent or authority on behalf of a Care Recipient; or
(d) any reliance by you or the Care Recipient on the Service contrary to these Terms.
12. CHANGES TO TERMS
We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email or on our website. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.
14. ENTIRE AGREEMENT
These Terms (together with our Privacy Policy) constitute the entire agreement between you and CarePlans and supersede all prior understandings, agreements, representations and warranties.
18. CONTACT INFORMATION AND COMPLAINTS
CarePlans AI Pty Ltd
ACN: 691 158 237
ABN: 92 691 158 237
Email: support@careplans.io
Phone: +61 4 111 999 04 (Monday–Friday, 9am–5pm AEST)
Postal Address:
7 York Street
Gladesville NSW 2111, Australia
Website: www.careplans.io
If you have a complaint, please contact us first. We will attempt to resolve it within a reasonable time. You may also contact the Australian Competition and Consumer Commission (ACCC) or your state/territory fair trading/consumer affairs office.
20. ACKNOWLEDGMENT AND ACCEPTANCE
BY ACCEPTING THESE TERMS YOU ACKNOWLEDGE:
(a) you have read, understood, and agree to be bound by these Terms;
(b) you understand CarePlans is NOT a medical or emergency service;
(c) you understand AI may make errors or respond inappropriately;
(d) you consent to all Conversations being recorded;
(e) where acting on behalf of another, you have legal authority to do so;
(f) you have had opportunity to seek independent legal advice.
IMPORTANT REMINDERS
FOR EMERGENCIES: ALWAYS CALL 000
Crisis support:
Lifeline 13 11 14
Beyond Blue 1300 22 4636
Suicide Call Back 1300 659 467
CarePlans is here for companionship, not emergencies.
END OF TERMS OF USE
Last Updated: 8 February 2026
Version: 3.1
© 2026 CarePlans AI Pty Ltd. All rights reserved.
ACN 691 158 237 | ABN 92 691 158 237