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:

means our Acceptable Use Policy which is found at www.inplacecare.com.au/termsofservice

ASIC:

means the Australian Securities and Investment Commission.

Carer Fee:

means a fee charged by InPlace Care to the Carer for use of the Service.

Carers:

refers to people performing Home Care Services who are registered as such on the Service.

Client:

refers to people requiring Home Care Service who are registered as such on the Service.

Content:

all data / information uploaded to the Service by any User which is provided to or accessed by, another User

Contract of Use:

means the contract formed between you as the User and InCare Solutions Pty. Ltd. ABN 43 621 586 749 comprising these terms, our Acceptable Use Policy and our Privacy Policy.

GST:

means the Goods and Services tax as defined under the A New Tax System (Goods and Services Tax) Act (Cth) 1999.

Home Care Services:

services provided to those needing care and support typically within their home and local surrounds.

My Aged Care:

A Division of the Australian Government Department of Health set up to manage information and services to the elderly citizens of Australia.

Personal Information:

has the same meaning as given to that term in the Privacy Act 1988 (Cth).

Privacy Policy:

means our Privacy Policy found at www.inplacecare.com.au/privacypolicy.

Service:

the service comprised by InPlace Care software including the web and mobile applications, hosted on the platform.

Service Contract:

an agreement made directly between Users through our Service for the provision of and payment for, Home Care Services.

Service Fee:

amount negotiated between the Carer and the Client or the Supporter for the Carer to provide Home Care Services / Services.

Supporter:

refers to people arranging Home Care Services on behalf of another person (Client) who is registered on the Service as such and has the proper authority on behalf of the Client or at law to do so.

Supporter Fee:

means a fee charged by InPlace Care to the Supporter for use of the Service.

User:

refers generically to anyone using the InPlace Care Service who are registered on the Service.

3- Licences

Licence to use the Service:

Subject to this Contract of Use, InPlace Care grants to you a limited, non-exclusive, non-transferable licence, without the right to sublicense, to remotely access and use the Service. Your use is solely for you and not anyone else and is only for screen access to input and retrieve data.

Your license to us:

You grant to InPlace Care a limited, non-exclusive, non-transferable licence, without the right to sublicense, to use your URL address and link to your web address for the purposes of connecting Users with you, for the purpose of making providing or obtaining Home Care Services and to publish the Content you upload into the Service for the purposes of making that Content available to other Users.

4- Your account and your obligations

Your account:

You are liable for all activity on your account. You will need to set up your account in the Service including your unique identification and password which you need to keep secret. You are solely responsible for any activities or actions undertaken using your account, whether or not you have authorised such activities or actions.

Keep your details accurate:

You warrant to InPlace Care that all the registration information you provide when opening your account is complete, true and accurate in all respects and that you will maintain and promptly update such information and material to keep it true, accurate, current and complete at all times.

5- What we don’t do

What we don’t do:

In addition to the various instances within these terms where we disclaim or limit our liability, you need to note that we do not:

Third Party Services:

You acknowledge that InPlace Care does not have any responsibility or liability with regard to any third-party services used by you on or through InPlace Care Service and your use of any such third-party services will be at your own risk. While InPlace Care will use reasonable endeavors to maintain compatibility between third party services and the Service, InPlace Care is not responsible for any incompatibility between third party services and the InPlace Care Service.

Reporting breaches of these Terms:

If you become aware of any breach by any User of their Contract of Use, you should report that breach through the facility within the Service found at [insert link] that which will take you through the process and request the information required in order to report that breach.

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:

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:

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

InPlace Care has taken out the following insurance policies for Carers operating on the Service, for details please email admin@inplacecare.com.au The premiums for these are included in the Carer Fee.

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

InPlace Care will charge appropriate GST taxes in addition to of any negotiated fee where required to by law.

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

InPlace Care has adopted the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and these principles govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. For further information, please see our Privacy Policy which can be reached through the link at www.inplacecare.com.au
Personal Information we may collect includes:

13- InPlace Care Intellectual Property

InPlace Care Service software IP

You acknowledge that InPlace Care or its service providers are the sole and exclusive owners of all intellectual property rights in the Service. You undertake that you will not disassemble, reverse engineer or decompile, nor otherwise create or attempt to create the source code from the object code of the software utilised in the Service in any manner. Neither this Contract of Use nor your use of the Service grants you ownership of our intellectual property Including the Service, the processes we employ or information you access through Service (other than your Content).

Your Agreement not to replicate our Service

You acknowledge that be accessing the Service you will gain first-hand knowledge of how the Service and you agree, in return for our allowing you to use the Service, that you will not either alone, through or with anyone else (including any company or other entity), establish any platform or service that is substantially the same or similar to our Service.
All Users agree that the provisions in this Section will survive any termination of access to the Service.

14- Suspension, Cancellation and Termination of Services

Suspension or Cancellation

You agree that InPlace Care may cancel your use of the Service and your account in the event that it discontinues the Services or if one of its service providers discontinues or terminates (for whatever reason) their service which forms a component of the InPlace Care Services. InPlace Care will provide at least 3 months written notice to you of such cancellation of your account by email to the email address you provide when you register with InPlace Care.

Termination by us

In the event that you materially breach this Contract of Use and do not substantially cure such default within thirty (30) days after being given written notice by us specifying the default and requiring its remedy, we may, by giving written notice to you, terminate your account and this Contract of Use.

Termination by you

You may terminate your use of our Service at any time by terminating your account. You can do so if we are in breach of this Contract of Use or if you simply wish to terminate your Service. If you wish to do so, follow the instructions on the Service for account termination.

Effects of Cancellation and Suspension

Upon cancellation of your account: all access to the Service and InPlace Care’s obligations to provide the Service to you will cease immediately as your account will be disabled; and your Content will no longer be available as InPlace Care will purge all of your Content and all of your Content will be destroyed, except if we otherwise agree in writing or we are required by law to retain your Content.

Records we will keep

To the extent we are required by law to do so we will retain your information for as long as we are required to do so, but generally, that will be of for a period of 7 years from the date of termination of your account.

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

Each User agrees to indemnify, defend and hold harmless InPlace Care, our affiliates, officers, directors and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) that such parties may incur as a result of or arising from (a) any of the Content and/or information that Users submit, post or transmit through the Service, (b) any Users provision of or use of the Home Care Service (as applicable), (c) any Users violation of this Contract of Use, (d) any Users violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by any User into the Service or Services. All Users agree that the provisions in this Section will survive any termination of access to the Service.

18- Changes, Updates and discontinuance

Changes to Contract of Use

InPlace Care may, in its sole and absolute discretion, change these terms from time to time. InPlace Care will post notice of such changes at InPlace Care www.Inplacecare.com.au and may notify you in writing via email to the email address you have provided.

Changes to Services

InPlace Care reserves the right to add, alter, or remove functionality from Service at any time without prior notice to you in the case of non-material changes or improvements. InPlace Care will not make changes to the InPlace Care Service which are material and detrimental without giving you as much notice of the change as is practicable.

Your agreement to changes

If you object to any changes we make to the Contract of Use or the Service, your sole remedy is to cease using our Service and to terminate this Contract of Use. By not giving notice and continuing to use the Service following any such change, you indicate your agreement to be bound by the updated Contract of Use or Service.

19- Governing law

This Contract of Use is governed by the law in force in Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia and courts which may hear appeals from those courts in respect of any proceedings in connection with this Contract of Use.

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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© 2020 InPlace Care. All Rights Reserved

© 2020 InPlace Care. All Rights Reserved