Effective Date: From 1st November 2019
CONTRACT OF USE
Contract of Use with Carers, Supporters and Clients
1- InPlace Care Service Overview
The Service is a platform-based service designed to connect Users with each other. InCare Solutions Pty Ltd (InPlace Care) only acts only as a provider of the platform and Service to enable Users to connect and make arrangements with each other for the provision of and payment for Home Care Services. All of the User information contained within our Service is uploaded by Users and InPlace Care is not responsible for it and makes no representation as to its accuracy. Users need to make their own decisions whether to accept the information they find on the Service and to engage or accept an engagement.
Your use of our Services is subject to the terms and conditions contained in this document as well as our Acceptable Use Policy and our Privacy Policy [and, in certain circumstances which we will explain, other terms and conditions which apply because we use third party service providers for certain components of our service]. This Contract of Use may be updated from time to time.
By clicking or tapping on the “Sign Up” check box, you are confirming your acceptance of this Contract of Use with for the period for which you use our Service from the time you start your use until you cease using the Service.
2- Definitions
Acceptable Use Policy:
ASIC:
Carer Fee:
means a fee charged by InPlace Care to the Carer for use of the Service.
Carers:
Client:
Content:
Contract of Use:
GST:
Home Care Services:
My Aged Care:
Personal Information:
Privacy Policy:
Service:
Service Contract:
Service Fee:
Supporter:
Supporter Fee:
User:
3- Licences
Licence to use the Service:
Your license to us:
4- Your account and your obligations
Your account:
Keep your details accurate:
5- What we don’t do
What we don’t do:
- carry out any assessment or evaluation of any User you may wish to engage with in any way, whether or not the User is suitable for you, is genuine and, if you are a Carer, whether or not a safe working environment will be provided for you;
- verify any position advertised and whether or not the position meets the description provided by the User;
- verify any details provided by a Carer, including whether or not that person has the skills, qualifications or experience claimed and whether or not they have the necessary authorisations to provide the Home Care Services for any position advertised to which they respond;
- carry out police checks or verify working with children authorisations of any form; or
- actively monitor the use of our Service for breaches of this Contract of Use. [We will, however, respond to any reported breaches in accordance with this Contract of Use.]
Third Party Services:
Reporting breaches of these Terms:
Our action on receiving a breach report:
On receipt of any breach report, to the extent that we can, given our limited resources, we will investigate the breach and if verified, we will take such action as is permitted under the relevant Contract of Use to stop the breach and to prevent its recurrence. In the event of any illegal or criminal activity, we reserve the right to
refer the reported breach to the appropriate authorities including the police.
6- Service Contract creation between Carer and Client or Supporter
What we don’t do:
InPlace Care is not a party to any contracted arrangement between Clients, Supporters and Carers. The terms of any arrangements for Home Care Services are solely the responsibility of the Users. InPlace Care provides the Service to connect Users and the payment facility (which is operated by a third party) as part of the Service.
The final communication between a Supporter and Carer where they both accept the terms of the Home Care Services offered is the Service Contract between the Supporter and Carer, the details of which are automatically emailed to both parties. This Service Contract is recorded in the Service and permits InPlace Care to calculate and submit an invoice and charge the registered credit card or bank account of the Client or Supporter as a service provided and charged on behalf of the
Carer.
7- Client/Supporter and Carer obligations
Clients/Supporters Responsibilities
Clients and Supporters are responsible for ensuring all relevant information is uploaded into the Service when seeking Carer support including the age of and particular needs of the Client, any care plans prepared and recent health status of the Client, the nature of the premises at which the Home Care Services to be provided and any other relevant details necessary or desirable to enable a Carer to make a decision with regard to offering services to the Client.
Clients or their Supporters are responsible for meeting all regulations relating to the contracting of Carers including any workplace health and safety legislation requirements.
The Client or Supporter confirms that he or she has reviewed the premises against the InPlace Care OHS Audit Forms contained in the “Help and Support: Knowledge Base” and that the premises are a safe work environment for the Carer.
The Client or Supporter responsible for ensuring that public liability insurance is taken out and maintained with regard to the premises at which the Home Care Services are to be provided and that any Carer attending at the premises to provide Home Care Services is fully covered by that insurance against death or injury or
loss of any personal possessions.
Clients/Supporters Responsibilities
Carers are responsible to ensure that they have the required skill, experience and qualifications to carry out the agreed Home Care Service and that their own details uploaded to the Service are accurate and fully disclosed details of their skills, experience and qualifications.
The Carer must at his or her own cost, effect and maintain insurance relevant to the Home Care Services provided by them. This includes your own Worker’s Compensation insurance as an independent contractor, and insurance for Motor Vehicles (if required).
8- Relationship between all parties and InPlace Care
No Relationship
No relationship of contractor, employer-employee or franchiser-franchisee relationship, partnership or joint venture is intended or created by use of the Service other than the contractual relationship under which InPlace Care provides the Service and the User pays for that Service.
User Acknowledgements
All Users acknowledge and agree that the provision of Home Care Services to Supporters and their Clients creates a legal and direct relationship between the Carer and the Client or Supporter (as applicable).
Users acknowledge and agree that InPlace Care is not responsible or liable for:
- In relation to Carers, the actions or inactions of a Client or Supporter in relation to Carers and provision of Home Care Services including whether or not payment is made by the relevant Client or Supporter for those services or any loss or injury suffered by a Carer; or
- In relation to Clients and Supporters, the provision or not, or defective provision, of Home Care Services or any injury, loss or damage suffered by a Supporter or Client as a result of the provision of the Home Care Services.
Carer Acknowledgements
All Carers acknowledge and agree that InPlace Care does not direct or control you in relation to your acceptance (or not) of assignments to provide Home Care Services to Clients or Supporters or in your performance of those Home Care Services, including your acts or omissions in doing so.
Other User Rights not affected
Except as expressly set out herein, you retain the sole right to:
- determine when and for how long you will utilise our Service;
- when and for how long you want to use the Service, and
- when to try to accept, decline or ignore a User request.
You retain the complete right to engage in other business or income generating activities, and to use other care service networks and apps in addition to the InPlace Care Service.
9- Insurances
No Relationship
- Professional Indemnity
- General and Products Liability
10- Payments & bank details
Payments and Authorisations
Each Carer must provide full details of his or her currently applicable Service Fees and bank account details (bank BSB number, bank account name and number). This information must be provided as part of completion of the Sign-Up wizard for Carers. Carers must ensure that these details are kept up-to-date and published continuously on the Service by amending is necessary under their User settings.
The Carer authorises InPlace Care to deduct the Carer (which includes insurance premiums) from the invoiced Service Fee and acknowledges and agrees that a User’s payment to InPlace Care discharges the obligation of the User to make payment as if that payment was made directly by the User to you as Carer.
The Supporter authorises InPlace Care to add a Supporter Fee which is included in the invoiced agreed Service Fee contracted between the Carer and the Supporter and invoice any legally required taxes; the Supporter is required to provide a valid means of payment by credit card, to allow InPlace Care to process Service Fees for
each engagement.
Payment terms
The Carer will be paid within 7 days of InPlace Care receiving funds from the Client or Supporter. If no funds are received from the Client or Supporter, then no payment will be due or payable by InPlace Care.
InPlace Care is not responsible for nor will reimburse Users who are charged bank fees which may have incurred as a result of charges or deposits made by InPlace Care.
GST
Cancellation policy
If the Client or Supporter cancels the booked service with more than two hours’ notice from the time the Home Care Service is scheduled to commence, no cancellation fee will be due.
By use of the Service, Users agree that any legal remedy or liability that they may seek to obtain for actions or omissions of a Carer or Supporter and their Client, will be limited to a claim against the Carer or Supporter who caused them harm.
InPlace Care hereby offers to support any dispute process and without any obligation, will support the investigation, communication and resolution of all registered disputes which could include preventing future access to any User or group of Users.
11- Dispute resolution
InPlace Care hereby offers to support any dispute process and without any obligation, will support the investigation, communication and resolution of all registered
disputes which could include preventing future access to any User or group of Users.
If the Carer cancels the booked service at any time, no fee will be due.
12- Privacy policy
- Names
- Images
- Age or date of birth
- Credit card and or banking information
- Details of qualifications, experience and certificates / regulatory checks
- Drivers licence
- Geo location data from the Carer’s mobile telephone within a window for each job
13- InPlace Care Intellectual Property
InPlace Care Service software IP
Your Agreement not to replicate our Service
14- Suspension, Cancellation and Termination of Services
Suspension or Cancellation
Termination by us
Termination by you
Effects of Cancellation and Suspension
Records we will keep
15- Exclusion of Warranties
Subject to the next paragraph and to the extent permitted at law, InPlace Care expressly excludes all conditions, warranties, terms or guarantees of any kind, which would otherwise be implied by law, with respect to InPlace Care Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). InPlace Care makes no warranty that the Service will meet your requirements, or that performance will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you from InPlace Care or through the Service will create any term not expressly made in this Contract of Use.
Nothing in this Contract of Use will operate so as to exclude, restrict or modify the application of any of the provisions of the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation (Relevant Legislation), the exercise of a right conferred by such a provision, or any liability of a party for a breach of a condition or warranty implied by such a provision, where the Relevant Legislation would render it void to do so. To the extent that it is able to do so, InPlace Care expressly limits its liability for breach of any condition or warranty implied by virtue of any Relevant Legislation to the resupply of the services or the cost of doing so.
All Users agree that the provisions in this Section will survive any termination of access to the Service.
16- Limitation of liability
All Users acknowledge and agree that InPlace Care only provides access to the Service if you agree to certain limitations on our liability to you and to third parties.
You understand that, to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special or consequential damages, including but not limited to, damages for loss or revenues, profits, goodwill, loss of use, loss of data, ( even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or access the service. We will not be liable for any loss or damage arising from the transactions between you and any other User or you and any third party merchants or service providers or for any information
appearing on third party merchant or service provider sites or any other site linked to our site. If you are dissatisfied with any portion of this site or the services, you sole and exclusive remedy is to discontinue use of the site and the services. Our total liability to you for all claims arising from or related to the site or services is limited, in the aggregate, to fifty dollars (A$50.00). The foregoing limitations on liability shall not apply to liability of InPlace Care: (A) Death or personal injury caused by its negligence; or for (B) any injury caused by it’s fraud or fraudulent misrepresentation. The limitations and exclusions of liability set out above are fundamental elements of the basis of the bargain between InPlace Care and you and apply regardless of whether any such claim is based in Contract, Tort (including negligence and strict liability), breach of warranty, statute or otherwise.
All Users are solely responsible for all of their communications and interactions with other Users. You acknowledge and agree that InPlace Care does not make any attempt to verify the statements of Users. We reserve the right, but have no obligation, to monitor, or take any appropriate action regarding, disputes that you may have with Users, Service Providers or other customers.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
All Users agree that the provisions in this Section will survive any termination of access to the Service.
17- Indemnity
18- Changes, Updates and discontinuance
Changes to Contract of Use
Changes to Services
Your agreement to changes
19- Governing law
This Contract of Use Policy is posted by InCare Solutions Pty Ltd (ABN 43 621 586 749).
If you have any comments or questions on it, please contact InPlace Care via the Contact Us page available on the webservice http://www.InPlaceCare.com.au
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