An Advance Care Plan is a document that sets out any medical treatment you do or do not consent to, to be activated only in the event you lose decision-making capacity. An Advance Care Plan can also set out your values. That is, those things that are important to you (and which may influence your choices) – such as being able to communicate with your loved ones. Setting out your values can help inform your doctors, carers and substitute decision-makers about what treatment you would or would not have consented to. If one day you lose decision-making capacity, an Advance Care Plan can assist those involved with your care to make treatment decisions on your behalf by informing them of your wishes. It is therefore important you share your Advance Care Plan with others so it is readily available in the event you lose capacity. An Advance Care Plan will assist your family or doctors in making decisions about your medical treatment that are in line with your preferences in the event you cannot speak for yourself. An ‘Advance Care Plan’ is separate and distinct from a document prepared by health practitioners to plan your care, which is often referred to as a ‘Care Plan’. An Advance Care Plan is not to be confused with a Care Plan (which should include an Advance Care Plan). While a Care Plan should be prepared taking your preferences into account (particularly if you are in aged care), it is not an Advance Care Plan. An Advance Care Plan can only be completed by you and sets out your choices only. It does not include an assessment of your needs, which a Care Plan does. While an Advance Care Plan may be completed with support from health practitioners, it cannot be completed by them.

An ACP is a Legally valid as a Common Law Advance Care Directive. A legally valid expression of your wishes and must be considered by health professionals when making decisions about you. A1 Nursing Services provides a platform for documenting and sharing your wishes relating to medical treatment. A1 Nursing Services Advance Care Plan does not meet the formalities required in state or territory legislation (it is not a statutory Advance Care Plan). If you would like the additional protection of an Advance Care Plan made under statute, you must speak to your GP or lawyer. Our Advance Care Plan offers a simple and easy mechanism to create a statement of your wishes. However ultimately it is only a court or tribunal that can declare an Advance Care Plan to be legally binding. They might need to do this if the validity of an Advance Care Plan is challenged. There are other circumstances when a health practitioner is not bound by your Advance Care Plan, namely:- If the treatment consent to is futile;- If the treatment refused is palliative care. If decision-making capacity is required of a patient in order to lawfully administer the treatment (eg. voluntary assisted dying in Victoria) - If other laws apply which preclude a health practitioner from relying on the Advance Care Plan.

$399 On-Off Lifetime Access which includes a custom bracelet from our trusted partners at Emergency ID Australia that has a your unique QR code with Pin for medical professionals and chosen family members to access (view-only). The idea of advance care directives or advance care plans has been around for a long time. No matter whether you call it an Advance Care Directive or an Advance Care Plan they are a valid expression of a person’s consent or of their refusal of consent, in advance of incapacity. Incapacity means you have lost the capacity to make or speak your decisions or wishes. Your advance care directive or plan can only be used to make decisions about your care when you cannot- i.e. when you lose capacity. Health practitioners are obliged to consider any expression of a person’s wishes for medical care. They cannot ignore an expression of consent or refusal of consent no matter what form is used. A1 Nursing Service’s Advance Care Plans are not the same as a Statutory directive, which are different in every state, (and do not exist at all in NSW and Tasmania) These have a variety of names - some are called Health Care Directives, others a State Advance Care Directive or Personal Statement of Health. A1 Nursing Service’s unique automated sharing system grants additional legal validity to your plan because your trusted contacts can see, read and discuss the plan ahead of time, thereby vouching that it was prepared without coercion, and that you had capacity at the time you made it. Or, if there is any doubt about your plan they can contact you or the other contacts listed to discuss their concerns about it.

You should review your Advance Care Plan as regularly as possible and amend or revoke it if necessary. The Advance Care Plan on our system, once completed, will be deemed to reflect your current wishes. Sometimes your circumstances, values or beliefs change, or there might be advances in treatment that impact your decision/s. If this happens, it is important you immediately review your Advance Care Plan and verify, amend or revoke it. We will send you a reminder every 12 months (at the time your subscription is renewed) to review and update your Advance Care Plan, preferably with the assistance of your GP. If your Advance Care Plan is more than 12 months old and has not been reviewed, or if circumstances have significantly changed since the last review, there is a risk that: Someone will comply with your Advance Care Plan when your wishes have changed; or Someone will challenge your Advance Care Plan on the basis that circumstances have changed.

A1 Nursing Services provide a mechanism for you to share your Advance Care Plan. Once you have completed your A1 Nursing Services Advance Care Plan, you can share it via a secure link with your family, doctors and other trusted advisors. This allows them to view a copy of your Advance Care Plan but does not allow them to access, edit or delete the document. It is your choice whether you share your Advance Care Plan with anyone at all. However, we strongly encourage you to do so. We believe that sharing your Advance Care Plan with loved ones will encourage discussion about your wishes, and reduce the risk of confusion and conflict if a time comes when a decision about your medical treatment needs to be made. Sharing your Advance Care Plan with your family, GP and lawyer will also offer some reassurance to health practitioners that it was validly made, and reduce the risk it will be challenged. Further, it will facilitate access to your Advance Care Plan if it is needed. Anyone with whom you share your Advance Care Plan will be able to access it at any time by logging onto the secure link which is emailed to them.

If you do not want to pay the $10 annual fee to keep your plan live and online, you are able to download and print a copy of your plan. By law, we have to keep a copy of your plan on our system for 7 years should you want to access it, or if you ever change your mind and want to be able to have your plan made digital again.

A) Collection and holding of Personal Information A1 Nursing Services (“us”, “our” and “we”) collect and hold the following personal information:- personal details such as your name, title and gender- images of you- contact details such as your address, postcode, email address, telephone number(s)- information about your health, health conditions, values, preferences and beliefs relevant to your future health care- directions about your future health care- personal information about people you nominate as being relevant, or to have access to, your advance care plan, such as your spouse, your General Practitioner, family members or friends- details of your responsible person/s including their name, address, phone number, email address and their relationship to you- personal details provided in relation to support calls, enquiries and complaints- information you provide through customer surveys- your opinion and feedback about our services - usage details such as information and feedback about your use of our products and services- online details such as your use of our website including cookies, web beacons and IP addresses- information collected by Google Analytics, Google Adwords and Google AdSense. If you do not provide this information, we will not be able to provide you with access to our services. Save for information collected by Google, we hold all information in an AWS instance located in Australia. The applicable AWS policy to same can be found at https://aws.amazon.com/compliance/australia-data-privacy/ The information collected using Google Analytics, Google Adwords and Google AdSense is held by Google. The applicable Google policy can be found at https://policies.google.com/privacy?hl=en. The use of these providers and policies may change from time to time and we will notify you in relation to same if that occurs. Other than data collected by Google and persons nominated by you to receive your plan, we do not disclose any of your information outside Australia. For the purposes of the GDPR, we are the data controller and AWS and Google (and their associated parties as set out in their respective Privacy Policies) are data processors. A1 Nursing Services retains de-identified information about the ACP plans stored on this database for the purposes of research and analytics. B) Use and Disclosure of Personal Information We use and disclose personal information for the following purposes:- to respond to you- to provide you with the services you have contracted for- to provide you with access to (including a free trial of) one or more of our products or services- to process and manage a subscription to a product or service- to provide a person you have nominated with access to your advance care plan- to provide persons who scan your QR code and enter the security PIN number with access to your advance care plan- to provide health care providers with access to your plan- to communicate information contained in your advance care plan for your benefit- to protect personal information, including health information, handled (transmitted, stored, processed) by us- to undertake quality assurance processes, including assessing whether or not a product or service is working as promised- to monitor, detect and respond to cybersecurity or privacy incidents- where required or authorised by or under law or a court/tribunal order- to provide same to any future nominated trusted partners and care management services with whom we may integrate in the future for the purpose of providing quality care planning and management and subject to any applicable third party Privacy Policies. C) Quality of Data, Access, Correction and Complaints You may request access to make a correction to or make a complaint in relation to any personal information about you held by us, using the contact details provided below. We will acknowledge receipt of your complaint promptly. We aim to respond to your request for access/correction within 30 days of receiving the complaint or request. If you are unhappy with our handling of your complaint, you can contact the Office of the Australian Information Commissioner (OAIC) at https://www.oaic.gov.au/privacy/privacy complaints/. A1 Nursing Services Privacy Contact Information Email: admin@a1nursingservices.care Address: Suite 53, 25-27 Hay Street, Port Macquarie NSW 2444

Terms of Use A1 Nursing Services End User Services Agreement **WARNING: Use of A1 Nursing Services is conditional upon you and any organisation purchasing these services on your behalf (jointly and severally “the ACP Customer”) agreeing to the terms of this Agreement. Choosing “I accept the terms and conditions of this Agreement” when creating your account and ordering goods and services shall be deemed to be your acceptance of the terms of this Agreement** D) 1 Definitions In this Agreement, unless inconsistent with the context: (a) ACP Customer Data means information which relates solely to ACP Customer (b) Agreement means this agreement, its recitals, provisions and any schedule of this agreement. (c) Clause means a clause of this Agreement. (d) Confidential Information includes information which relates to A1 Nursing Services including account details, passwords and activation codes. (e) Duration means the period for which you or the organisation that purchased your rights to use the A1 Nursing Services has paid for same. (f) Fees means either the agreed fees of A1 Nursing Services or, if none, the published fees of A1 Nursing Services as amended from time to time. (g) Force Majeure means an act, omission or circumstance over which A1 Nursing Services could not have reasonably exercised control including telecommunication failures. (h) Intellectual Property Right includes any right arising from or capable of arising from the: Circuits Layout Act 1989 (Cth); Copyright Act 1968 (Cth); Designs Act 2003 (Cth); Patents Act 1990 (Cth); Trade Marks Act 1995 (Cth); any similar legislation outside the Commonwealth of Australia; any similar unregistered right and Confidential Information. (i) Interest Rate means the rate of 5% per annum calculated monthly in arrears and added to the outstanding sum. (j) Party and Parties means a party to this Agreement and their respective successors, trustees and permitted assigns. (k) Privacy Policy means A1 Nursing Service’s Privacy policy (l) A1 Nursing Services ABN 52 613 781 187 (n) Sub-clause means a sub-clause of this Agreement. (o) Taxes includes taxes, duties and government charges, fees, levies, any penalty for not paying same and any liability for same. E) 2 Interpretation In this Agreement, unless inconsistent with the context: (a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities. (b) Words denoting the singular number shall include the plural number and vice versa. (c) Words denoting any gender shall include all other genders. (d) A reference to a statute or a regulation also refers to any statute or regulation amending, consolidating or re-enacting same. (e) A reference to “includes”, “including” or “inclusive” is to be construed as being a reference to “includes, without limitation”, “including, without limitation”, and “inclusive, without limitation” respectively. (f) Headings used in this Agreement are for convenience and ease of reference only and are not part of this Agreement and shall not be relevant or affect the meaning or interpretation of this Agreement. (g) Every obligation express or implied into this Agreement and entered into by more than one Party shall bind them jointly and severally. (h) Every right express or implied into this Agreement granted in favour of more than one Party shall be for the benefit of each of them jointly and severally. (i) A provision of this Agreement shall not be construed adversely to the Party that drafted it (j) If any provision or part provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted. (k) The recitals, provisions and any schedule to this Agreement form part of this Agreement. (l) No right or remedy granted to A1 Nursing Services pursuant to this Agreement excludes or shall be deemed to exclude or modify any other right or remedy which would otherwise be available to A1 Nursing Services and all such granted rights and remedies are cumulative. F) 3 ACP Customer’s Right to Use A1 Nursing Services Subject to the terms of this Agreement A1 Nursing Services grants ACP Customer a revocable non-exclusive right to use A1 Nursing Services for the Duration solely for ACP Customer’s own use. 3.2 A1 Nursing Services shall, from time to time, provide access codes to permit ACP Customer to use A1 Nursing Services. G) 4 Responsibilities ACP Customer shall: (a) keep ACP Customer’s user accounts, passwords and activation codes details confidential and not disclose same to any other party. Should any such disclosure occur ACP Customer shall report same to A1 Nursing Services in writing as soon as possible. (b) provide information as reasonably requested by A1 Nursing Services and the Suppliers and its contractors and agents from time to time; (c) provide equipment which A1 Nursing Services considers suitable to use A1 Nursing Services; (e) comply with all applicable laws; (f) conduct all appropriate virus and security checks; (g) immediately advise A1 Nursing Services in writing upon ACP Customer becoming aware of any person using A1 Nursing Services who is not authorised by A1 Nursing Services to do so; (h) pay the Fees specified in an invoice; (j) ensure that its employees, sub-contractors and other agents who have authorised access to A1 Nursing Services are made aware of the terms of this Agreement; (k) supervise and control the use of A1 Nursing Services in accordance with the terms of this Agreement. ACP Customer shall not: (a) copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, sub-license, rent, lease, loan or distribute A1 Nursing Services other than as expressly authorised by this Agreement; (b) engage in password sharing, remote desktop access or port aggregation without the express permission of A1 Nursing Services; (c) interfere with the network or disrupt any other user, service or equipment; (d) permit any act which infringes the Intellectual Property Rights which subsist in A1 Nursing Services and which belong to A1 Nursing Services (e) provide or otherwise make available A1 Nursing Services in any form to any other person; (f) use A1 Nursing Services for any illegal, unauthorised or dangerous purpose including unsolicited commercial e-mail; (g) use A1 Nursing Services for or in connection with a service bureau operation; or (h) use A1 Nursing Services to publish any material for which it is not the Intellectual Property Right owner or licensed by the Intellectual Property Right owner or is defamatory. A1 Nursing Service’s rights A1 Nursing Services may, whilst being under no obligation to do so and at its sole discretion, without notice or giving any reason or incurring any liability for doing so: (a) take action if it suspects that malicious, illegal or unacceptable usage of A1 Nursing Services is occurring or has occurred, including destruction or disposal of ACP Customer’s access passwords. H) 6 Disclaimer & Acknowledgments ACP Customer acknowledges that: (a) They will obtain medical advice in relation to their particular circumstances in relation to any Care Plan supplied by A1 Nursing Services before using any such Care Plan; (b) A1 Nursing Services are licensed on the strict understanding that, subject to the warranties below, A1 Nursing Services is not responsible for the results of any actions taken, either by ACP Customer or a third party relying on services supplied or not supplied by A1 Nursing Services; (c) A1 Nursing Services cannot and does not warrant that A1 Nursing Services shall be available 24 hours a day or that any defect shall be corrected within a specific time frame; (d) A1 Nursing Services are not necessarily secure, virus free or without defect; and (e) A1 Nursing Services is not responsible for: (i) ensuring that A1 Nursing Services or any plan produced using same is suitable for ACP customer’s requirements or fit for any purpose; (ii) any interruption to A1 Nursing Services due to equipment failure, the need for routine maintenance, peak demand etc.; (iii) the supply or maintenance of ACP Customer’s equipment, software or communication facilities; (iv) monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the internet and does not do so; and (v) any software available on the internet or supplied by third parties. I) 7 Support A1 Nursing Services may, from time to time, make available various support services (Premium and Premium Plus as selected from time to time) and other assistance in relation to A1 Nursing Services. Any rebate supplied for such services shall be applicable as a credit only to any fees payable by you and is not payable in cash. J) 8 Intellectual Property Rights A1 Nursing Services retains all the Intellectual Property Rights in A1 Nursing Services. 8.2 ACP Customer may from time to time at its sole option upload or make materials to use with A1 Nursing Services for ACP Customer’s own use. ACP Customer hereby grants A1 Nursing Services an irrevocable worldwide royalty free licence to all the Intellectual Property Rights subsisting in those materials to the extent necessary for each of those purposes including the right for A1 Nursing Services to grant sub-licences to its ACP Customers for same. K) 9 Confidential Information To the extent that Confidential Information is not in the public domain (other than by way of breach of this Agreement) and is not known by the ACP Customer at the time of disclosure, ACP Customer: (a) shall: (i) keep such information confidential; (ii) take all necessary precautions to prevent any disclosure of Confidential Information to unauthorised third parties; and (iii) inform A1 Nursing Services of any suspected or actual disclosure of Confidential Information; and (b) shall not, without the express written consent of A1 Nursing Services (i) directly or indirectly divulge or communicate or otherwise disclose any Confidential Information, in whole or part to any third party; (ii) use any Confidential Information, other than for the express purpose set out in this Agreement; or (iii) remove or cause to be removed from A1 Nursing Services or its business partners’ premises or systems any Confidential Information. 9.2 This Clause shall survive the termination of this Agreement. L) 10 ACP Customer Data Information Subject to the Privacy Policy and to the extent that Confidential Client Data Information is not in the public domain (other than by way of breach of this Agreement) and is not known by A1 Nursing Services at the time of disclosure, A1 Nursing Services (a) shall keep such information confidential; (b) shall not, without the express written consent of ACP Customer: (i) directly or indirectly divulge or communicate or otherwise disclose ACP Customer Client Data Information, in whole or part to any third party; or (ii) use ACP Customer Client Data Information for its own purposes. 10.2 This Clause shall survive the termination of this Agreement. M) 11 Fees ACP Customer (or the organisation purchasing these services on behalf of ACP Customer) shall pay A1 Nursing Services the Fees without withholding, deduction or offset of any amounts for any purpose. 11.2 Unless agreed otherwise in writing, A1 Nursing Services may increase the Fees at any time upon one month’s notice. 11.3 An account rendered by e-mail or otherwise by A1 Nursing Services shall be prima facie evidence for a Court of the provision of the items referred to in same to ACP Customer by A1 Nursing Services. N) 12 Tax Unless expressly stated to the contrary and to the extent permitted by law: (a) the Fees are exclusive of all Taxes which may arise in relation to the subject matter of this Agreement; (b) the organisation purchasing these services on behalf of ACP Customer shall immediately pay any applicable Taxes to A1 Nursing Services and (c) the organisation purchasing these services on behalf of ACP Customer shall indemnify and keep indemnified A1 Nursing Services from payment of the Taxes and any penalties arising from non-payment of same. O) 13 Interest The organisation purchasing these services on behalf of ACP Customer shall pay A1 Nursing Services interest at the Interest Rate on all overdue amounts from the due date until payment is made. P) 14 Suspension of Obligations If ACP Customer breaches any provision of this Agreement A1 Nursing Services may, without further notice to ACP Customer (a) suspend all its obligations to ACP Customer under this Agreement; (b) disable A1 Nursing Services using security, time out codes, remote access or other technological measures. Q) 15 Force Majeure A1 Nursing Services shall not be liable for any delay or failure to perform its obligations if such a failure or delay is due to Force Majeure. R) 16 Limitation of Liability To the extent permitted by law and except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded. Where legislation implies in this Agreement any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this Agreement. However, the liability of A1 Nursing Services for any breach of such term shall be limited, at the option of A1 Nursing Services to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again. 16.2 To the extent permitted by law and except as expressly provided to the contrary in this Agreement, A1 Nursing Services shall not be under any liability (contractual, tortious or otherwise) to ACP Customer in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this Agreement or an act, failure or omission of A1 Nursing Services 16.3 ACP customer warrants that it has not relied on any representation made by A1 Nursing Services or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by A1 Nursing Services. S) 17 Further Assistance ACP Customer shall: (a) declare, make or sign all documents and do all things necessary or desirable to give full effect to this Agreement; and (b) if applicable, procure its officers, employees and agents to do same. T) 18 Indemnity To the extent permitted by law, ACP Customer shall release, indemnify and keep indemnified A1 Nursing Services its officers, employees and agents, against any injury, death, damage, loss, costs (including legal costs on an indemnity basis), expenses, interest, taxes or liability whether direct or indirect and whether sustained by A1 Nursing Services officers, employees, contractors and agents, ACP Customer, ACP Customer’s officers, employees and agents or a third party arising out of: (a) a breach of this agreement by ACP Customer; (b) any willful, unlawful or negligent act or omission of ACP Customer, its officers, employees or agents; (c) any injury suffered by ACP Customer’s officers, employees or agents; and (d) the discharge of ACP Customer’s obligations pursuant to this Agreement. 18.2 This indemnity applies regardless of whether or not legal proceedings are instituted. 18.3 This indemnity applies to any payment, settlement, compromise or determination regardless of whether same is, or is not, authorised by ACP Customer. 18.4 It is not necessary to incur any expense or make any payment before enforcing any right of indemnity under this Agreement. 18.5 This Clause survives termination of this Agreement. U) 19 Waiver No right of A1 Nursing Services under this Agreement shall be deemed to be waived except by notice in writing signed by A1 Nursing Services Any such waiver shall be limited to its express terms. 19.2 Any failure by A1 Nursing Services to enforce any provision of this Agreement, or any forbearance, delay or indulgence granted by A1 Nursing Services shall not be construed as a waiver of A1 Nursing Service’s rights. V) 20 Survival The provisions of this Agreement which are capable of having effect after the expiration of this Agreement shall remain in full force and effect following the expiration of this Agreement. W) 21 Assignment, Novation and Sub-Contracts ACP Customer shall not sub-contract, sub-licence, assign or novate, in whole or part, any entitlement or obligation under this Agreement without the prior written consent of A1 Nursing Services 21.2 A1 Nursing Services may: (a) sub-contract for the performance or part performance of this Agreement; and (b) assign this Agreement to a third party without notice and in such circumstances, A1 Nursing Services rights and obligations under this Agreement shall be immediately terminated upon assignment. X) 22 Termination A1 Nursing Services may terminate this Agreement immediately if: (a) any payment due to A1 Nursing Services remains unpaid for a period of 14 days; (b) ACP customer breaches any provision of this Agreement and such breach is not remedied within 14 days of notice by A1 Nursing Services; (c) ACP customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; (d) ACP customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; (e) ACP Customer being a natural person, dies. 22.2 In addition to terminating this Agreement, A1 Nursing Services (a) may disable ACP Customer’s access to A1 Nursing Services; (b) may retain any moneys paid; (c) may charge a reasonable sum for any un-invoiced items; (d) shall be regarded as discharged from any further obligations under this Agreement; (e) shall be under no liability to ACP Customer for damages or compensation or any other payment whatsoever and (f) may pursue any additional or alternative remedies provided by law. Y) 23 Entire Agreement Unless stated expressly to the contrary in this Agreement: (a) this Agreement constitutes the entire agreement between the Parties for the subject matter referred to in this Agreement. Any prior arrangements, agreements, representations or undertakings are superseded; (b) this Agreement is not to be construed as creating a joint venture, partnership or agency situation between the Parties. No Party may represent that there exists such a relationship between the Parties; (c) no Party may bind another Party to any agreements, arrangements, contracts or understanding or represent that they have such authority; and (d) no modification or alteration of any provision of this Agreement shall be valid except in writing signed by each Party save that A1 Nursing Services may on 30 days’ notice change any term of this Agreement and in such a case ACP Customer may terminate this Agreement during that notice period without further obligation. Z) 24 Governing Law 24.1 This Agreement shall be governed by and construed according to the law of New South Wales, Australia 24.2 The Parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales, Australia and the Commonwealth of Australia. Any proceedings in a Commonwealth Court shall be commenced in New South Wales, Australia.