These Terms apply to the use of this Website. Please read these Terms carefully before using the Website or registering as a User. In accessing or using this Website, you indicate that you have read and agree to be bound by these Terms. If you do not accept these Terms, please discontinue using this Website. These Terms must be read in conjunction with any other applicable terms and conditions governing the use of this Website.
“Account” means a user account registered via the Website;
“Home Carer” means a person who has registered as a home carer on the Website. Home Carers may also be referred to as "Care Providers", "Carers", “Affiliated Carers”, “Care Givers”, or other similar titles from time-to-time;
“Care Event” means the event where the Home Carer provides the Care Services to the Care Recipient, at a time, date and place agreed between the Home Carer and Care Recipient or Care Seeker via the online booking system on the Website.
“Care Recipient” means the person who is receiving the Care Services;
“Care Seeker” means a person has who registered as a care seeker on the Website. Care Seekers may also be referred to as “Seekers” or other similar titles from time-to-time;
“Care Services” means the care services offered by Home Carers via the Website;
“Content” means the written, visual and audio content published on or made available through the Website;
“HCD” (also “we”, “our” and “us”) means Home Carers Direct (operated by MZMS Enterprises Pty Ltd (ACN 168 971 695) as trustee for the Tower Family Trust);
“Hosting Fee" means the fees charged by HCD in consideration for the hosting of the Website and administration functions provided by HCD;
“Messages” means the messenger communication system available within the Website;
“Privacy Act" means the Privacy Act 1988 (Cth), as amended from time to time;
“Privacy Laws" means the Privacy Act and the Australian Privacy Principles, as contained in Schedule 1 of the Privacy Act;
“Sexual Offence" means an offence referred to in clause 1 of Schedule 1 of the Sentencing Act 1991 (Vic);
“Terms” means these terms and conditions;
“User" means a user of the Website who has registered as a Home Carer or Care Seeker;
“Website” means the website www.homecarersdirect.com.au, operated by HCD, and including without limitation all subpages and any other websites on which these Terms appear; and
“you” means the person, jointly and severally if more than one, using the Website.
Application of the terms
- The Website is owned and operated by HCD.
- Through the Website you can do the following (among other things):
- register an Account;
- access the Content;
- list, amend and offer Care Services as a Home Carer; and
- peruse, enquire about and make bookings for Care Services as a Care Seeker.
- HCD may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. While we will endeavour to notify you of any changes to these Terms from time-to-time, it is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your responsibility to stop using the Website. Your continued use of this Website after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
- HCD reserves the right to vary or modify the information contained on this Website, to change or discontinue any feature or part of this Website, and/or to change the requirements needed to access this Website, without notice and without liability.
- You acknowledge and agree that these Terms apply to the use of the Website only, and do not act as or replace any terms of service that may be agreed between the Home Carers and Care Seekers.
Care Seeker / Home Carer Relationship
- The Website provides a platform for Care Seekers and Home Carers to connect and interact.
- The Website allows Home Carers to list and advertise their Care Services. Care Seekers are able to browse listings of various Care Services and can engage Home Carers at their sole discretion.
- It is important to note that when you, as a Care Seeker, are engaging a Home Carer to provide you with Care Services, that you are purchasing the Care Services from one of the many independent Home Carers who are listing their services on the Website, and not from HCD itself. At no stage does the hosting of the Website create a relationship between HCD and any User.
- Care Seekers and Home Carers may interact with each other through the Website, but Care Seekers are at all times are solely responsible for whether they decide to engage a Home Carer to provide them with Care Services, and Home Carers are at all times solely responsible for whether they accept the engagement and provide the Care Services.
- Home Carers are not employees, partners, agents or independent contractors of HCD.
- Each Home Carer may have their own terms of services in relation to the provision of their Care Services which Care Seekers or Care Recipients are required by the Home Carer to agree to. HCD is not a party to any such terms of service, which will be solely between the Home Carer and Care Seeker or Care Recipient, as relevant.
- You acknowledge that HCD does not:
- provide carer services of any kind;
- arrange for Care Services to be provided;
- engage or employ Home Carers;
- have any control or say in the arrangements or terms of service between Home Carers and Care Seekers; or
- have any involvement or control over the interactions between Care Seekers and Home Carers, other than to provide the Website as a platform to facilitate such interactions and payments between the parties.
Disclaimer (Use of the website)
- HCD does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Website (“Information”), or that it is suitable for your intended use.
- The Information should not be considered health or medical advice. All health concerns or queries should be directed to your doctor.
- HCD does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and reliance on any Information is at your own risk.
- We are not liable for the consequences of any interruptions or error in the Website.
- HCD makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
- HCD may update the Website from time to time, and may change the Content on the Website at any time. Please note that any Content or Information on the Website may be out of date at any time, and we are under no obligation to update it.
- You acknowledge sole responsibility for, and assume all risk arising from, your use of this Website and access of the Content and Information.
- All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website is expressly excluded to the maximum extent permitted by law.
Disclaimer (Care Services)
- HCD provides no warranty or guarantee regarding the standard, adequacy or suitability of the Care Services or that the Care Services meet the needs of the Care Recipients.
- HCD does not owe a duty of care to Care Recipients, Care Seekers or Home Carers, each of whom are responsible for their own actions.
- HCD is not liable for any damage, injury or loss suffered due to:
- the actions or omissions of a Home Carer;
- the actions of omissions of a Care Recipient or Care Seeker;
- the provision of the Care Services;
- a delay in providing or failure to provide the Care Services by a Home Carer; or
- any advice, treatment or other services provided by a Home Carer.
- As a Care Seeker, you assume all responsibility in relation to your choice and engagement of Home Carers and Care Services.
- As a Home Carer, you assume all responsibility in relation to your acceptance to provide Care Services to a Care Recipient.
Home Carer warranty and acknowledgement
- By applying for registration as a Home Carer on the Website, you warrant and represent that:
- you are at least 18 years old;
- you are capable of providing (and where necessary, qualified to provide) the Care Services offered by you;
- you are and will continue to be an Australian citizen and/or a person legally authorised to work in Australia;
- you are of good character and have not been found guilty of or convicted for a Sexual Offence or an offence that involves violence, theft or fraud or any other offence for which you were sentenced to imprisonment for 2 years or more;
- you are solvent and have not been declared insolvent or bankrupt within the last 5 years;
- you have the right, authority and capacity to provide Care Services;
- you are not prohibited from providing any Care Services for any reason;
- the information that you provide on your profile on the Website is true and not misleading; and
- you will comply with all laws in relation to the provision of the Care Services at all times; and
- you will ensure that any vehicle you use in the provision of Care Services is registered.
- As a Home Carer, you warrant that the warranties listed above will stay true and that you will immediately notify HCD if anything occurs which would cause any of the above warranties to no longer be considered true.
- When applying for registration as a Home Carer, you will be required to provide evidence of the following qualifications or checks, as requested by HCD:
- National Police Check (less than 2 years old);
- Working with Children Check (if the Care Services include the provision of services for children);
- registration with AHPRA (if applicable); and
- any other checks that HCD determines applicable based on the Care Services offered by you, (“Verifications”).
- You acknowledge that in addition to the requirements above, you may be required to provide additional information, evidence or Verifications, as requested by HCD at its sole discretion.
- HCD may reject your application for registration in its absolute discretion, including but not limited to if you are unable to provide the requested information, evidence or Verifications to HCD.
- You acknowledge that if registered as a Home Carer, you must at all time hold a National Police Check which is no more than 2 years old (“Current Police Check”). You must update your records accordingly and must provide HCD with evidence of such upon request. If you cannot provide evidence of a Current Police Check, HCD has the right to suspend your Account until evidence of a Current Police Check has been provided.
- You acknowledge that if you breach any of the warranties or representations above, do not provide the Verifications, or are unable to meet such other registration requirements as applicable from time-to-time, that you may not be able to be covered by any insurance policy organised by HCD on your behalf, and therefore will be not be able to register as a Home Carer on the Website.
- You acknowledge that HCD may independently verify any warranty or representation made by you, including but not limited to the above warranties, and may verify such warranties and seek independent evidence of Verifications from third parties.
- As a Home Carer, you acknowledge that no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and HCD by your use of the Website or in relation to your provision of Care Services.
Care Seeker warranty and acknowledgement
- By registering as a Care Seeker on the Website, you warrant and represent that:
- you are at least 18 years old;
- if you are not the Care Recipient, that you have the authority and approval of the Care Recipient to engage Home Carers and book Care Services on their behalf;
- if you are not the Care Recipient, that you have the authority and the approval of the Care Recipient to disclose personal and health information about the Care Recipient;
- you will observe and comply with all regulations relating to the engagement of Home Carers, including any applicable workplace laws;
- you will ensure that the home environment or premises which the Care Recipient resides and from which Care Services may be provided is clean, safe and free from hazards; and
- you will follow any instructions or legal requirements in regards to infectious diseases.
- You acknowledge that you are responsible for verifying and satisfying yourself as to the accuracy of any information, Content or qualifications provided or listed by a Home Carer, and that you engage Home Carers at your own risk.
- You acknowledge that by using the Website you warrant that you have made yourself aware of the requirements under all applicable workplace and occupational health and safety laws which may apply to the engagement between Home Carer and Care Seeker.
Safe work environment
- In entering into an arrangement for the provision of Care Services with a Home Carer, the Care Seeker will, on each occasion before each Care Event, ensure that they have inspected their premises and equipment and that their premises and equipment are safe for use by the Home Carer in providing the Care Services.
- In entering into an arrangement for the provision of Care Services with a Care Seeker, the Home Carer warrants that on each occasion before each Care Event, that they will inspect the Care Recipient’s or Care Seeker’s (as relevant) premises and equipment to ensure that they are safe for use by the Home Carer in providing the Care Services.
- Each Home Carer warrants that when providing the Care Services you will follow the guidelines and procedures described in the document entitled “The blue book: guidelines for the control of infectious diseases - published by the Communicable Diseases Section, Public Health Group, Victorian Department of Human Services”, updated from time to time and currently accessible at https://www2.health.vic.gov.au/getfile/?sc_itemid=%7B7A1F05A1-64B0-4B8C-A730-D4F8F107AA52%7D&title=The%20blue%20book
- You will be prompted to register an Account with HCD in order to list or search for Care Services. You will be required to provide certain information when registering an Account (“Account Information”). The Account Information may include, but is not limited to, your name, contact details, identification details, bank account details and credit card details. The Account Information requested will differ depending on whether you are registering as a Home Carer or Care Seeker.
- You are responsible for the content of all Account Information. All Account Information you enter must be accurate, complete, current and not misleading. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account. You are responsible for maintaining and updating your Account Information.
- Upon registering an Account, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on the Application which occur under your login and password.
- You must not assign, provide access to or otherwise dispose of your Account to any other person.
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Account Information which you transmit to us. Accordingly, any Account Information which you transmit to us is transmitted at your own risk. Nevertheless, once you submit the Account Information, we will take reasonable steps to preserve the security of such Account Information. You agree that you will not share your password, let anyone else access your Account, or do anything that might put the security of your Account at risk.
- If you create an account on behalf of a third party, you represent that you have the authority to represent that third party and consequently bind the third party to these Terms
Termination and suspension
- HCD may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
- HCD shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your Account.
- If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the website or by sending a communication to an address that we have for you in our records.
- Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material including but not limited to your profile as a Home Carer ("User Content"). You are responsible for the User Content that you submit to, publish or display on or the Website, including its legality, reliability, and appropriateness.
- By submitting, publishing or displaying User Content on the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. You retain any and all of your rights to any User Content you submit, publish or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other Users of the Website, who may also use your User Content subject to these Terms.
- You represent and warrant that:
- you own the User Content or you have the right to use it and grant HCD the rights and license as provided in these Terms;
- the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person;
- the submission, publication or display of the User Content on the Website will not cause you or HCD to breach any law, regulation, rule, code or other legal obligation;
- the User Content is not false, deceptive, misleading or intended to deceive or mislead;
- the User Content will not be, or could not be reasonably considered to be, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- the User Content will not be or contain unsolicited, undisclosed or unauthorised advertising;
- the User Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
- the User Content does not bring HCD or the Website into disrepute.
- We are under no obligation to regularly monitor the accuracy or reliability of the User Content incorporated into the Website.
- We make no warranties or representations as to the User Content, including but not limited to its accuracy.
- You acknowledge and agree that all User Content you provide on the Website will be publicly available information and you bear the risks involved with such public disclosures.
- We reserve the right to reject, modify or remove any User Content at any time at our discretion.
Creating a Home Carer Profile
- As a Home Carer, you are able to create a profile of yourself on the Website, listing the Care Services you offer and any other relevant information (“Profile”).
- All information submitted to the Website relating to your Profile, including but not limited to a description of your Care Services and your fees/rates (“Profile Information”) must be accurate, complete and not misleading. It is your responsibility to maintain and update your Profile as required, and to remove your Profile when you are no longer offering the relevant Care Services.
- When submitting your Profile Information, you acknowledge that you will not be able to set your hourly rate for the provision of Care Services below the minimum rate of $15.00 per hour.
- Any Home Carer found falsifying their Profile Information will have their Profile removed immediately and will have their Account permanently deleted. You agree to indemnify HCD for any losses, costs, expenses or damages that HCD may suffer or incur if any of the Profile Information provided by you is not correct.
- As a Home Carer, you agree that you are representing yourself and your Profile to the greater public. As such, HCD requires that any information you provide about yourself, your Care Services and your own policies (including payment methods, refund policies etc.) is fair, honest, accurate and not misleading. A failure to abide by these policies can result in your Account being permanently deleted.
- You acknowledged that you are responsible for the Profile Information at all times. HCD will not be responsible for any inaccuracies in the Profile Information, whether caused by human or technical error. You also acknowledge that you may experience delays when updating Profile Information on the Website.
Booking care services
- The Website allows Care Seekers and Home Carers to connect with each other. Care Seekers are able to engage Home Carers for the provision of Care Services based on their Profile.
- A Care Seeker or Home Carer may provide an offer to provide or receive the Care Services (as relevant) via the Website. An offer must indicate the proposed time, date, place and length of the Care Event (“Offer”).
- Once the Care Seeker or Home Carer accepts the Offer proposed to them an online booking will be made via the Website (“Booking”).
- As a Care Seeker, when engaging a Home Carer you warrant that:
- you understand you are not entering into a relationship or engagement with HCD;
- you have clearly read and understood the Profile Information;
- you will pay the applicable fees listed by the Home Carer for the Care Services (“Booking Fees”) as well as the Hosting Fees charged by HCD;
- you have the legal right to use any credit card(s) or other payment method(s) in connection with the purchase of the Care Services; and
- the information you supply in connection with the engagement is true, correct and complete.
- Making unreasonable demands of a Home Carer or Care Seeker constitutes a breach of these Terms. As a Care Seeker, you are subject to the terms that Home Carer has outlined on his or her Profile, or as otherwise agreed between the parties. Unreasonably demanding that a Home Carer change the way he or delivers the Care Services to the Care Recipient, provide the Care Services at an unreasonable time or significantly change or reduce their Booking Fees will not be tolerated.
- False Offers or Bookings will not be tolerated on the Website. If you provide an Offer or make a Booking that you do not intend to keep, we reserve the right to suspend or terminate your Account.
- The Care Seeker and Home Carer both agree that the duration of the Care Event must reflect the duration of the Booking.
- When creating a Booking, you may be asked to supply certain information relevant to your purchase of the Care Services, including your preferred payment method (of those available on the Website) and payment details, your billing address, and such other information as reasonably requested. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of the Booking and payment of the Booking Fees.
- When you commit to purchasing Care Services, you are bound by that decision and are required to pay the relevant Booking Fees to the Home Carer via the Website. A failure to pay these fees is a breach of these Terms.
- Payment of the Booking Fee will be processed by a third party service provider. Users may be directed to accept the third party service provider’s own terms and conditions. These terms and conditions are between the third party service provider and the Home Carer or Care Seeker, as relevant. HCD is not a party to such terms.
We have arranged for Assembly Payments Platform Pty Ltd (Assembly) to collect funds due to you from the selling of your Care Services as a Home Carer via our Website. By using our Website and accepting the funds collected on your behalf by Assembly, you agree to the terms of the End User Agreement with Assembly. A copy of the End User Agreement can be obtained here.
Home Carers acknowledge that Assembly will provide to them services for the collection of the transaction proceeds (net of platform fees payable to HCD) in respect of a Transaction or Transactions.
By selling on www.homecarersdirect.com.au, Home Carers agree to Assembly collecting their personal information from HCD, or from the financial institution involved in the Transaction, in order to provide them with services. If the personal information is not provided, Assembly may not be able to collect the transaction proceeds for the Home Carer.
Assembly may disclose the Home Carer's personal information to a service provider to verify the Home Carer's identity or to enable Assembly to provide the services. The disclosure to service providers may include those located overseas or who may host or access your personal information overseas.
The countries Assembly may transfer, disclose or store Home Carers' personal information to are: the United States of America, United Kingdom, New Zealand, Philippines and Singapore. Where information is transferred, disclosed or stored overseas, Assembly will seek to ensure the recipient has security systems to prevent misuse, loss or unauthorised disclosure in line with Australian laws.
Assembly may also use the Home Carer's personal information for other purposes such as marketing and promotion of Assembly's products and services, market research and development, customer communications and surveys, direct marketing, and creation of statistical information and data analytics.
If the Home Carer wishes to opt out of receiving direct marketing, the Home Carer may contact Assembly at email@example.com
By selling items on www.homecarersdirect.com.au, the Home Carer also agrees to be bound by Assembly's User Agreement which are located at: https://assemblypayments.com/company/policies/end-user-agreement
Please fully read Assembly's User Agreement and in particular, note that Assembly or any of its Representatives are not liable for any refunds or reversals of any Transactions and are not liable to Home Carers for any Losses (as that term is defined in Assembly's User Agreement) arising out of or in connection with the Home Carer's use of Assembly's services.
If Assembly's disclaimer of liability is not enforceable for any reason, then, Assembly's maximum aggregate liability arising from or relating to any claim (or series of related claims) arising out of or in connection with Assembly's services to a Home Carer shall not exceed the aggregate amount of 100% of the Fees (as that term is defined in Assembly's User Agreement) received in relation to the Home Carer's Transactions during the 12 month period preceding the date such claim(s) is/are made. In no event shall Assembly be liable for any lost profits, data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to the services.
- Payment of the Booking Fee is due (and will be charged) 3 days following the Care Event or, in the case of payment by electronic funds transfer or BPay, is due 10 days following the Care Event.
- Home Carers acknowledge that if payment is not made by the relevant Care Seeker, HCD is in no way responsible for the outstanding monies and will not assist with the collection or recovery of such debt.
- HCD will allow 3 days immediately after the Care Event for either the Care Seeker or Home Carer to amend the Booking to reflect the accurate duration of the Care Event. If:
- both parties agree to the amendment, the Booking Fee will be amended to reflect any changes to the Booking;
- no changes are required, the Booking Fee will not be altered; or
- the parties disagree about the duration of the Care Event, the disputing party can then make an application to HCD outlining the dispute, and the Booking Fee will not be altered until the dispute has been resolved by HCD who will take reasonable steps to mitigate the dispute and determine the final Booking Fee. If the final Booking Fee is determined to be more than the original Booking Fee, the excess amount will become payable by the Care Seeker.
- Notwithstanding the above, Home Carers are strongly advised not to overstay the duration allocation in the Booking. If a Home Carer does overstay a Booking, they do so at their own risk and acknowledge that if further fees are not paid by the relevant Care Seeker, HCD is in no way responsible for the outstanding monies and will not assist with the collection or recovery of such debt.
- If you wish to cancel a Booking before the Care Event, it is your responsibility to make contact with the Home Carer and cancel the booking via the online booking system on the Website. Each Home Carer may have their own cancellation fees.
- You agree not to negotiate, discuss, invoice or arrange payment of any fees for the Care Services outside of the Website, and acknowledge that you must follow the payment instructions outlined in these Terms in regards to payment for all Care Services.
Administration and hosting fees
- In exchange for the hosting and administration functions provided by HCD, you agree to pay HCD the Hosting Fee. You acknowledge that payment of the Hosting Fees is required for, and in consideration of, your continued use of the Website.
- By confirming a Booking you confirm and agree to pay HCD the Hosting Fee.
- The Hosting Fees will be charged as follows:
- For Home Carers: an amount equal to 10% of the Booking Fee paid by the Care Seeker to the Home Carer for the provision of the Care Services, deducted from the Booking Fee (defined above);
- For Care Seekers: an amount equal to 5% of the Booking Fee payable by the Care Seeker to the Home Carer for the provision of the Care Services, payable by the Care Seeker at the time of payment of the Booking Fee (defined above) or an amount equal to 5% of the cancellation fee payable by the Care Seeker to the Home Carer, payable by the Care Seeker at the time of payment of the cancellation fee;
- You agree that HCD may change or increase the Hosting Fees from time to time.
- You acknowledge that various payment processing fees may be charged by third parties, and that HCD reserves the right to pass on such fees to the Care Seeker. Such fees will be disclosed to the Care Seeker during the payment process.
- The Application allows Users to review or rate the Care Services provided by Home Carers via the Website.
- When providing a review or rating for a Home Carer, you warrant that:
- you have engaged that Home Carer for the provision of Care Services;
- the content of the review or rationale for the rating is honest and accurate; and
- you have not falsified the review or rating so as to damage the reputation of the Home Carer who provided the Care Service.
- Under no circumstances may a Home Carer adopt the process of ‘shilling’ - by creating fake Accounts in order to leave positive reviews or ratings for themselves (in turn making their Service or Good look more desirable). Shilling is a clear breach of these Terms.
- Users may provide feedback directly to the Home Carer or HCD. If a Home Carer does not agree with the feedback received in relation to their service, they may communicate with the User who left the review in an amicable and friendly manner to address the issue. If the issue is resolved, the Home Carer may ask the User to clarify (but not remove) their review or rating.
- HCD reserves the right, but not the obligation, to review, edit or delete any review or feedback that HCD deems to be illegal, offensive or otherwise inappropriate.
Issues / Escalation
- If any legitimate dispute or issue arises in regards to an engagement of a Home Carer (including issues with their provision of the Care Services) or arrangement with a Care Seeker, it is your obligation to contact the applicable Home Carer or Care Seeker and respectfully discuss the issues and attempt to resolve your dispute with them. We ask that you attempt to come to an amicable resolution with the Home Carer or Care Seeker first and foremost in a polite and reasonable manner – often it is just a matter of misunderstanding.
- If a payment dispute occurs and the parties cannot come to an understanding or agreement on the issue, either party may escalate the issue to HCD and request that HCD make a determination as an independent and impartial party.
Communications and notifications
- The Website allows Users to communicate via Messages.
- By registering an Account, you consent to receive communications from other Users.
- You agree not to communicate via Messages with Users for any purpose other than discussing or enquiring about Care Services or such other purposes which may be set forth in these Terms.
- Any inappropriate communications on behalf of any User will not be tolerated and is a breach of these Terms. Inappropriate communications include:
- harassing, vilifying, abusing and/or bullying another User;
- using the communication tools for the purposes of spam or unnecessary requests;
- using any language that is unlawful, threatening, abusive, defamatory, racist, sexist, homophobic, incites hate, anti-religion or is otherwise disrespectful to any member for any reason; and
- any use of the Messages for the purposes of bringing a particular Home Carer’s reputation into unfair disrepute, including making false or misleading statements to other Users about a particular Home Carer, in an attempt to reduce that Home Carer’s business.
- You agree to indemnify HCD for any losses, costs, expenses or damages that HCD may suffer or incur as a result of your breach of section 91 of these Terms.
- After registering an Account, HCD will be required to send you notifications, reminders and other communications from time-to-time. Accordingly, by registering an Account you agree and consent to receive email notifications from HCD. You may also elect to receive notifications by SMS or other mediums where available.
Confidentiality and Privacy
- You agree that any information provided to you via the Website or Messages, as a Home Carer or Care Seeker, from another User that contains health or personal information or other information of a confidential nature (“Confidential Information”), will be held confidentially and will only be used for the sole purpose for which they were disclosed.
- You agree not to disclose, use, publish, sell, communicate (in writing or verbally) or otherwise exploit the any Confidential Information to any person or permit any person to have access to the Confidential Information, unless required to by any mandatory reporting requirements under any applicable legislation.
- You agree to delete, destroy or return (as requested) any Confidential Information provided to you when no longer needed for the purpose for which it was disclosed to you.
Links to Third Party Websites
- You may be able, through hypertext or other links, to gain access to websites which are not owned or operated by HCD (“Linked Sites”) from time to time. Unless otherwise specified, the Linked Sites are not under HCD's control.
- The Linked Sites may have different terms and conditions and privacy requirements. We strongly advise you to read the terms and conditions and privacy policies of any Linked Sites that you visit. HCD is not responsible for the content or practices of any Linked Sites, or any changes or updates to such sites.
- You acknowledge and agree that HCD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
- HCD provides these links for your convenience only. Unless specified, HCD does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
- You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Website, while we fix defects and errors in the Website, install updates and undertake general diagnosis and maintenance of the Website or undertake emergency maintenance, and that as a result of which the Website applications may be less accessible or unavailable to you from time to time.
- You acknowledge and agree that all original content, coding, graphics, and Information available on this Website (excluding User Content) (“Original Content”) is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of HCD or third party suppliers as the case may be.
- No part of the Original Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without HCD's prior written consent. However, you may download and print these Terms for your personal non-commercial use.
- All trade marks and trade names which appear on the Website in connection with the Original Content are proprietary to HCD and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in the Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
- You are permitted to use the Website only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Website to access the Original Content, subject to these Terms.
- As a condition of your access to and use of the Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Website, the provision or receipt of Care Services or your breach of these Terms and any applicable law or the rights of another person or party.
- If you are a Care Seeker who is seeking Care Services for a Care Recipient, you agree to be responsible for and must indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- any actions or omissions of a Care Recipient during a Care Event; or
- any actions or omissions of a Care Recipient which, if done by you, would result in breach of these Terms.
- This indemnification section survives the expiration of your Account, and applies to claims arising both before and after the registration of your Account ends.
Limitation of Liability
- HCD will in no way be liable to a Home Carer, Care Seeker or Care Recipient for any injury, loss or damage arising out of or related to the use (or the inability to use) the Website, the provision or failure to provide Care Services and as specified in these Terms.
- Under no circumstances will HCD be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of data, loss of business, loss of opportunity, business interruption, or lost profits.
- Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any applicable State or Federal legislation which cannot be so excluded, restricted or modified.
- Where liability cannot be excluded, any liability incurred by HCD is limited to:
- the re-listing of your Profile on the Website; or
- the reasonable costs of having the relevant Profile re-listed.
- HCD will organise insurance coverage on behalf of all Home Carers, which will apply for the duration of a Booking, via a reputable insurance provider and subject to the Home Carers doing the following:
- arranging all Care Services through the Website;
- invoicing all Care Seekers to whom they provide Care Services through the Website;
- ensuring the duration of the Care Event reflects (and does not exceed) the time listed for the Booking;
- not breaching any of these Terms; and
- meeting such other reasonable requirements as requested by the insurance provider.
- You acknowledge that insurance coverage is dependent on approval by the insurance provider referred to in section 118 of these Terms, and that the insurance provider may have their own set of conditions which must be met by you.
- Payment or consideration for such insurance coverage will be paid as part of the Hosting Fee.
- In the event of an insurance claim, the relevant Home Carer will be liable to pay any excess which is charged by the insurance provider in accordance with the applicable insurance policy.
- You acknowledge and agree that to qualify for insurance coverage, the Booking must reflect the actual duration of the Care Event. Any time spent at a Care Event in addition to the time listed in the Booking will not be covered by the insurance policy.
- By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Website from other jurisdictions, you are additionally responsible for compliance with local laws.
- HCD's failure to enforce any of these Terms shall not be construed as a waiver of any of HCD's rights.
- If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
- If you have any queries about these Terms, please contact us using the contact details on our contact page