SELLER AGREEMENT
FIND A CARER PTY LTD (ABN 80 630 885 273) – SELLER AGREEMENT
Find A Carer operates an online platform allowing Users to connect through the Find A Carer Platform with other Users who provide Services (Sellers).
1. ACCEPTANCE
1.1 Parties: This Agreement is between Find A Carer Pty Ltd ABN 80 630 885 273, its successors and assignees (referred to as Find A Carer, we and us) and the person, organisation or entity who has signed up to use the Find A Carer Platform as the Seller or otherwise (referred to as Seller, User and you), whether.
1.2 Acceptance: You accept the terms of this Agreement by:
(a) signing up to Find A Carer Platform;
(b) using the Find A Carer Platform;
(c) clicking a checkbox that confirms you have read and agree to the terms before creating an account.
1.3 Use of the Find A Carer Platform indicates that you have had sufficient opportunity to read this Agreement and contact us if needed, that you have read, accepted and will comply with this Agreement.
1.4 This Agreement supplements and incorporates:
(a) the Find A Carer Website Terms of Use posted on the Find A Carer Platform;
(b) the Find A Carer Privacy Policy posted on the Find A Carer Platform;
(c) where relevant, the Client/Manager User Terms posted on the Find A Carer Platform;
(d) the Stripe Inc. terms available at https://stripe.com/au; and
(e) the terms of any other provider of payment processing services in relation to the Find A Carer Platform.
2. SCOPE OF SERVICES
2.1 The Find A Carer Platform provides an introductory service, booking platform, payment platform, searchable directory, social network, and a ratings and review system to enable Customers needing care, support, accommodation or other services to connect with Sellers.
2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
2.3 Sellers agree that Find A Carer has no obligation to make any minimum commitment of work, time, or compensation to the Seller.
2.4 Sellers may set their own availability through the Find A Carer Platform which is deemed to accept all Bookings made through the Find A Carer Platform in these times.
2.5 If a Seller accepts a Booking on the Find A Carer Platform, a Job Contract is created between the Seller and the Customer.
2.6 Upon creation of a Job Contract, the Customer must pay the Agreed Price into the Payment Account.
2.7 Upon creation of the Job Contract the Service Fee is due and payable.
2.8 Once the Job Contract is created, the Seller and Customer may vary the Job Contract on the Find A Carer Platform. The Customer and Seller are encouraged to use Find A Carer’s private messaging system to amend or vary the Job Contract or to otherwise communicate, the Seller agrees and acknowledges that the messaging system is not to be used to provide the Services.
2.9 Once the Services are commenced, the Seller must provide notice of that on the Find A Carer Platform by clocking on through the Find A Carer Platform.
2.10 Once the Services are complete, the Seller must provide notice of that on the Find A Carer Platform by clocking off through the Find A Carer Platform.
2.11 Sellers are required to provide service notes once the Services have been completed, services notes will be made available to the Customer and their parent/guardian as well as other Sellers who may service this Customer.
2.12 Once the Services have been completed, the Agreed Price has been received from the Customer and the Services have been completed to Find A Carer’s reasonable satisfaction, Find A Carer will use reasonable endeavours to ensure that the Seller Funds will be released within 2-3 Business Days by Find A Carer from the Payment Account to the Seller.
2.13 After the Job Contract is completed, Customers are encouraged to review and provide feedback of the Services on the Find A Carer Platform. Consistent negative reviews and feedback will result in a Seller being temporarily, or permanently, banned from the Find A Carer Platform at Find A Carer’s absolute discretion.
3. FIND A CARER’S ROLE AND OBLIGATIONS
3.1 Find A Carer provides the Find A Carer Platform only, enabling Customers to connect with Sellers.
3.2 Find A Carer only permits individuals over 18 years of age or we have obtained parental/guardian consent to become Users.
3.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
3.4 At its absolute discretion, Find A Carer may refuse to allow any person to register or create an account with Find A Carer or cancel or suspend or modify any existing account including if Find A Carer reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Find A Carer Platform.
3.5 Find A Carer accepts no liability whatsoever for any aspect of the Users, Customer and Seller interaction, including but not limited to the description, performance or delivery of Services.
3.6 Find A Carer has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Sellers to perform tasks or supply items, or the honesty or accuracy of any information provided by Customers.
3.7 Except for liability in relation to any Non-excludable Condition, the Find A Carer Service is provided on an as is basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
3.8 Find A Carer has no obligation to any User to assist or involve itself in any dispute between Users, although may do so in its absolute discretion to improve User experience.
3.9 You understand and agree that Find A Carer may undertake any investigation in relation to any Seller or third party service provider before they are admitted to the Find A Carer Platform, including criminal checks, verification of qualification, license or insurance held, or any character or other checks of the suitability of a Seller or third party service provider to perform any Job which they may claim to be able to provide on the platform.
4. USER OBLIGATIONS
4.1 You warrant that:
(a) there are no legal restrictions preventing you from agreeing to this Agreement;
(b) you will cooperate with us, and provide us with information that is reasonably necessary to enable us to perform the Find A Carer Services from time to time, in a timely manner;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Find A Carer Services.
4.2 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Find A Carer Platform;
(c) ensure that you are aware of and will at all time comply with any laws that apply to you as a Customer or Seller, or in relation to using the Find A Carer Platform.
4.3 Where you are the Seller you must, in addition to the obligations in the remainder of this clause 4 and clause 5:
(a) hold all necessary licences and qualifications to perform the Services including but not limited to any licences required to work with children, disabled persons or the elderly;
(b) comply with all applicable industry legislation, regulations, and standards;
(c) provide the Customer with all relevant documentation including but not limited to all legal documentation, checklists and insurance certificate as are required at law;
(d) where less or more time has been spent with the Customer than initially agreed in the Jobs Contract, you agree to adjust your timesheet accordingly;
(e) you agree that any additional charges incurred will be added at the time on timesheet entry, within 24 hours of completion of the Job Contract.
4.4 You agree and acknowledge that any additional charges that were not initially agreed in the Jobs Contract may be disputed by the Customer, in these circumstances Find A Carer may elect to mediate to resolve the dispute.
4.5 You agree that any content (whether provided by Find A Carer, a User or a third party) on the Find A Carer Platform may not be used on third party sites or for other business purposes without Find A Carer’s prior written permission.
4.6 You must not use the Find A Carer Platform for any illegal or immoral purpose.
4.7 You must maintain control of your Find A Carer account at all times. This includes not allowing others to use your account, or by transferring or selling your account or any of its content to another person.
4.8 You grant Find A Carer an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Find A Carer Platform for the purpose of publishing material on the Find A Carer Platform and as otherwise may be required to provide the Find A Carer Service, for the general promotion of the Find A Carer Service, and as permitted by this Agreement.
4.9 You agree that any information posted on the Find A Carer Platform must not, in any way whatsoever, be potentially or actually harmful to Find A Carer or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Find A Carer.
4.10 Without limiting any provision of this Agreement, any information you supply to Find A Carer must be up to date and kept up to date and must not:
(a) have any legal restrictions preventing you from agreeing to this Agreement. The Customer must be authorised to occupy the premises and obtain the Services;
(b) be false, inaccurate or misleading or deceptive;
(c) be fraudulent;
(d) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(e) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(f) be defamatory, libellous, threatening or harassing;
(g) be obscene or contain any material that, in Find A Carer’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Find A Carer Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
4.11 Find A Carer Platform may from time to time engage location-based or map-based functionality. The Find A Carer Platform may display the location of Customers and Sellers to persons browsing the Find A Carer Platform. A User should never disclose personal details such as the Customer’s full name, street number, phone number or email address in any public communication on the Find A Carer Platform.
4.12 If you are a Seller, you must be fully qualified and licensed and have the right to provide Services under a Job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Seller Funds) received under a Job Contract.
4.13 You must not, when supplying Services, charge a Customer any fees on top of the Agreed Price. However, the parties to a Job Contract may agree to amend the Agreed Price through the Find A Carer Platform following the process set out in clause 2.8.
4.14 You must not solicit services or request payments outside of the Find A Carer Platform from the Customer for the Services, whereby Find A Carer does not receive a Service Fee, except to the extent permitted by clause 4.14 and only if the Find A Carer Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 4.14.
4.15 If a Seller agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Seller is solely responsible for obtaining any reimbursement from the Customer. Find A Carer advises Sellers not to agree to incur costs in advance of receiving the payment for these costs, unless the Seller is confident the Customer will reimburse the costs promptly.
4.16 For the proper operation of the Find A Carer Platform (including insurance, proper pricing and compliance with Policies), the Seller must not subcontract any part of the performance of the Services to a third party in accordance with a Job Contract, without the prior written consent of Find A Carer.
4.17 If Find A Carer determines at its sole discretion that you have breached any obligation under this clause 4 or that you have breached one or more Job Contracts, it reserves the rights to remove you from the Platform and/or any content you have submitted to the Find A Carer Service or cancel or suspend your account and/or any Job Contracts.
5. SELLERS OBLIGATIONS
5.1 Qualifications: Sellers where relevant, must be suitably qualified and must obtain and maintain appropriate qualifications to provide the Services Where relevant, Sellers must be legally allowed to work in Australia.
5.2 NDIS Act: If applicable, Sellers must comply with ‘The National Disability Insurance Scheme Act’.
5.3 Registered aged care Sellers: Aged care Sellers must be registered aged care providers under the Aged Care Act 1997 (Cth) (the Act) in order to be registered on the Find A Carer Platform as an ‘Independent Seller’. Aged care = Sellers are required to provide evidence of such registration to Find A Carer or to substantiate their registration when requested.
5.4 Aged Care Act: If applicable, Sellers must comply with and carry out any responsibilities under the Act, including:
(a) to provide such care and services as are specified in the Quality of Care Principles in the Act;
(b) to maintain an adequate number of appropriately skilled staff to ensure that the care needs of care recipients are met;
(c) to provide care and services of a quality that is consistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles in the Act;
(d) if care is provided through a residential care service, to comply with the Accreditation Standards made under the Act;
(e) if the care is provided through a home care service, to comply with the Home Care Standards under the Act;
(f) if the care is provided through a flexible care service, to comply with the Flexible Care Standards (if any), under the Act, that applies to a flexible care service of that kind; and
(g) such other responsibilities as are specified in the Quality of Care Principles under the Act.
5.5 Quality: Sellers may be required to meet and comply with Find A Carer’s quality assurance program, as outlined on the Find A Carer Platform.
5.6 Police Checks: Where relevant, Sellers will be required to undertake police checks or provide Find A Carer with a police check completed in the last 12 months in order to be registered on the Find A Carer Platform as a Seller.
5.7 Working with children check: Where relevant, Sellers will be required to hold and maintain a working with children check and provide evidence of this when requested.
5.8 Checks: Where relevant, Find A Carer will review police checks, working with children checks and qualifications prior to Sellers becoming registered on the Find A Carer Platform.
5.9 Disqualified: Where applicable, a Seller must not be a disqualified individual as defined under the Act or any other legislation relevant to that Seller’s Services. An individual is defined under the Act as a disqualified individual where that person has been convicted of an indictable offence, or the individual is bankrupt, insolvent, under administration or the individual is of unsound mind.
5.10 Find A Carer Indemnity for Sellers:
(a) Find A Carer will provide an indemnity for Public Liability and Professional Indemnity claims arising out of care provided through the Find A Carer platform. This indemnity is subject to the terms and conditions of Find A Carer’s insurance policy and will include appropriate exclusions for:
(i) criminal activity,
(ii) claims arising from acts or omissions that are not covered under Find A Carer’s insurance policy.
(b) This indemnity is provided on the condition that the carer does not have their own insurance coverage for the same risks. In cases where the carer maintains their own Public Liability or Professional Indemnity insurance, the indemnity provided by Find A Carer will not apply to avoid dual insurance.
(c) It remains your responsibility to obtain and maintain any other necessary insurance, including any insurance for a Job Contract not made through the Find A Carer Platform.
5.11 Find A Carer Insurance for Sellers: Find A Carer will provide professional liability and personal accident insurance for any Job Contract made using the Find A Carer Platform. It is your responsibility to obtain and maintain any other insurance or any insurance for a Job Contract not made through the Find A Carer Platform. Subject to the current insurance policy Find A Carer holds, the maximum Professional Indemnity insurance covers up to $5,000,000 and Public Liability insurance covers up to $20,000,000.
5.12 Disclaimer: In consideration of signing up to the Find A Carer Platform as an Independent Seller, you acknowledge and agree:
(a) the Find A Carer Platform is not an employment or agency platform. that there is no employment, independent contractor or agency relationship between yourself, or anyone you represent or work for or anyone using the Find A Carer Platform; and
(b) to indemnify, discharge and voluntarily release us, our employees, agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with us against all liability (including liability for their negligence and the negligence of others), claims, demands and proceedings arising out of or connected with your use of the Find A Carer Platform or our services.
6. FEES AND PAYMENTS
6.1 A Service Fee is payable to Find A Carer in respect of Bookings made on the Platform. When a Seller accepts a Customers Booking a Job Contract is formed between the two parties. Following the Services being completed the Customer will be charged the Agreed Price.
6.2 When a Seller indicates via the Find A Carer Platform that the Jobs Contract is complete and Find A Carer are satisfied that the Job Contract and Services are complete, the Service Fee will be retained by Find A Carer, and the Seller will receive the Seller Funds.
6.3 The Service Fee includes GST.
6.4 All fees and charges payable to Find A Carer are non-cancellable and non-refundable, save for your rights under any Non-Excludable Conditions.
6.5 If a Seller is required to charge GST they must clearly indicate this in their profile on Find A Carer Platform. If GST is payable this will be included on the RCTI.
6.6 Find A Carer reserves the right to amend the amount of the Service Fee from time to time and any changes will be updated on findacarer.com.au.
7. PAYMENTS AND REFUNDS
7.1 A Job Contract can be cancelled by a Customer up to 4 hours prior to the commencement of the Job Contract with no fee payable. If a Job Contract is cancelled within 4 hours of the commencement of the Job Contract then a Cancellation Admin Fee will be due to Find A Carer by the Customer of the Job Contract and this will be payable to you once received by Find A Carer.
7.2 Notwithstanding to the terms of the Job Contract, If the Customer cancels the Job Contract after the Seller has ordered equipment/materials for the Services that cannot be returned or re-used, the Customer will be required to pay in full for the cost of the equipment/materials or any re-stocking fees. Find A Carer are under no responsibility whatsoever to procure payment to the Seller. The Customer should be allowed to collect the equipment/materials from us once paid in full.
7.3 If Find A Carer reasonably decides that the Agreed Price is to be refunded to the Customer the Seller must refund the amount payable to Find A Carer. A RCTI Adjustment Note will be generated by Find A Carer.
7.4 Find A Carer may decide in its absolute discretion to refund the Agreed Price back onto the Customer’s credit card and waive the Cancellation Admin Fee.
7.5 Any amount returned by Find A Carer to a Customer on behalf of a Seller under clause 7.1 will be a debt owed by the Seller to Find A Carer and may be offset by Find A Carer against any other payments owed at any time to the Seller.
7.6 Any outstanding Cancellation Admin Fee owed by a User under clause 7.1 will be a debt owed by that User to Find A Carer and may also be offset by Find A Carer against any other payments owed at any time to the User.
7.7 Cancellation of a Job Contract will be attributable to the Seller where:
(a) the Customer and the Seller mutually agree to cancel the Job Contract; or
(b) following reasonable but unsuccessful attempts by a Customer to contact a Seller to perform the Job Contract, the Job Contract is cancelled by the Customer; or
(c) the Seller cancels the Job Contract; or
(d) a Job Contract is cancelled in accordance with clause 4.16 as a result of the Seller’s actions or breach.
7.8 A Cancellation of a Job Contract will be attributable to a Customer where:
(a) the Customer cancels the Job Contract (other than in accordance with clause 7.7(b); or
(b) a Job Contract is cancelled in accordance with clause 4.16 as a result of the Customer’s actions or breach.
7.9 If the parties agree to any additional cancellation fee payable under the Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
7.10 Find A Carer may take up to 14 days to return the Agreed Price to the Customer.
7.11 If, for any reason, the Seller Funds cannot be transferred or otherwise made to the Seller or returned to the Customer (as the case may be) or no claim is otherwise made for the Seller Funds, the Seller Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Customer initially paid the Agreed Price into the Payment Account.
7.12 Following the 3 months referred to in clause 7.11, and provided there is still no dispute in respect of the Seller Funds, the Seller Funds will be credited to the Customer.
7.13 If the Job Contract is cancelled and a User who is party to the Job Contract can show that work under a Job Contract was commenced, then the amount of the Agreed Price to be returned to the Customer will be conditional upon the mediation and dispute process in clause 17. However, the Cancellation Admin Fee will always be due in accordance with clause 7.1.
8. PAYMENT FACILITY
8.1 Find A Carer uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/au/legal/consumer are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If Find A Carer changes its Payment Provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
9.1 Find A Carer may from time to time include Third Party Services on the Find A Carer Platform. These Third Party Services are not provided by Find A Carer.
9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Find A Carer Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Find A Carer makes no representation or warranty as to the Third Party Services.
10. VERIFICATION
10.1 Find A Carer may use Identity Verification Services.
10.2 You agree that Find A Carer Identity Verification Services may not be fully accurate as all Find A Carer Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and Find A Carer accepts no responsibility for any use that is made of an Find A Carer Identity Verification Service.
10.4 Find A Carer Identity Verification Services may be modified at any time.
10.5 The Find A Carer Platform may also include a User-initiated feedback system to help evaluate Users.
11. LIMITATION OF LIABILITY
11.1 You understand and agree that the Find A Carer Platform is an online introductory and payment platform only, and that, subject to the other provisions of this Agreement, Find A Carer’s responsibilities are limited to facilitating the availability of the Find A Carer Platform and the Services.
11.2 Find A Carer is not a party to any agreement entered into between a Customer and a Seller. Find A Carer is not a referrer or booking agent and provides no such related services.
11.3 Any arrangement between a Customer and Seller is solely between the respective Customer and the Independent Seller. It is strictly and expressly not part of the User’s agreement with Find A Carer.
11.4 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Find A Carer specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Customers and Sellers.
11.5 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Find A Carer specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between you and any Third Party Service provider who may be included from time to time on the Find A Carer Platform.
11.6 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Find A Carer is not liable for any Consequential Loss arising out of or in any way connected with the Find A Carer Services.
11.7 Except for liability in relation to a breach of any Non-excludable Condition, Find A Carer’s liability to any User of the Find A Carer Service is limited to the total amount of payment made by that User to Find A Carer during the twelve-month period prior to any incident causing liability of Find A Carer, or AUD$100.00, whichever is greater.
11.8 Find A Carer’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
12. INDEMNITY
12.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) your breach of this Agreement;
(c) any misuse of the Services by you; and
(d) your breach of any law or third party rights.
12.2 We are liable for and agree to indemnify, defend and hold harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information provided to you by us that was not accurate, up to date or complete or was misleading or a representation;
(b) our breach of this Agreement;
(c) any defect or omission in the Services from or by us, our employees, contractors or agents;
(d) our breach of any law or third party rights in connection with our provision of the Services to you.
12.3 The Parties agree to co-operate with one another (at their own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of this Agreement.
12.4 This clause will survive the termination of this Agreement.
13. PRIVACY
13.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
13.2 Find A Carer will endeavour to permit you to transact anonymously on the Find A Carer Platform. However in order to ensure Find A Carer can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Find A Carer reserves the right to ask Users to verify themselves in order to remain a User.
14. MODIFICATIONS TO THE AGREEMENT
14.1 Find A Carer may modify this Agreement or the Policies (and update the Find A Carer pages on which they are displayed) from time to time. Find A Carer will send notification of such modifications to your Find A Carer account or advise you the next time you login.
14.2 When you actively agree to amended terms (for example, by clicking a button saying I accept) or use the Find A Carer Platform in any manner, including engaging in any acts in connection with a Job Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to you.
14.3 If you do not agree with any changes to this Agreement (or any of our Policies), you must either terminate your account or you must notify Find A Carer who will terminate your Find A Carer account, and stop using the Find A Carer Service.
15. NO AGENCY
No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind Find A Carer, its related entities or affiliates in any way whatsoever. Find A Carer confirms that all Third Party Services that may be promoted on the Find A Carer Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Find A Carer specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third Party Service.
16. NOTICES
16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Find A Carer’s contact address as displayed on the Find A Carer Platform, or to Find A Carer Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which you have your Find A Carer Platform account.
16.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
17. MEDIATION AND DISPUTE RESOLUTION
17.1 Find A Carer encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Find A Carer may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.
17.2 If a dispute arises with another User, you must co-operate with the other User and make a genuine attempt to resolve the dispute.
17.3 If there is a dispute with another User, the parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
(b) If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
17.4 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Agreement or the Job Contract, by law or in equity.
17.5 Find A Carer has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
17.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
17.7 If Find A Carer provides information about other Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Find A Carer for any costs, losses or liabilities incurred by Find A Carer in relation to any claims relating to any other use of information not permitted by this Agreement.
17.8 Users may rate Sellers and Customers using the star rating system provided on the Platform. Ratings can only be made once the services have been completed, ratings can be viewed by any Users and will remain viewable until their Profile is removed or terminated.
18. TERMINATION
18.1 Either you or Find A Carer may terminate your account and this Agreement at any time for any reason.
18.2 Find A Carer reserves the right, at any time and without prior notice, to remove or disable access to the Find A Carer Platform.
18.3 Termination of this Agreement does not affect any Job Contract that has been formed between Find A Carer Users.
18.4 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
18.5 Sections 6 (Fees and Payments), 11 (Limitation of Liability) and 17 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.6 If your account or this Agreement are terminated for any reason then you may not without Find A Carer’s consent (in its absolute discretion) create any further accounts with Find A Carer and we may terminate any other accounts you operate.
19. GENERAL
19.1 This Agreement is governed by the laws governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
19.2 To the extent permitted by Law, if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
19.3 This Agreement may be assigned or novated by Find A Carer to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
19.4 This Agreement sets out the entire understanding and agreement between the User and Find A Carer with respect to its subject matter.
19.5 GST: If and when applicable, GST is payable in addition to the Agreed Price. You agree to pay the GST amount at the same time as you pay the Agreed Price.
20. DEFINITIONS
ACL means the Australian Consumer Law.
Agreement means the most updated version of the agreement between Find A Carer and a User.
Agreed Price means agreed price for Services (including any variation) paid into the Payment Account made by the Customer inclusive of any fees payable to Find A Carer and GST if applicable.
Booking means any booking made by Customers with the Sellers via the Find A Carer platform.
Business Day means a day on which banks are open for general business in New South Wales.
Cancellation Admin Fee means the Fee payable by a Customer for cancelling a Job Contract within 4 hours of the commencement of the Job Contract. The Fee payable is the Agreed Price of the Job Contract.
Consequential Loss means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
(i) opportunity or goodwill;
(ii) profits, anticipated savings or business;
(iii) data; or
(iv) value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
Consumer Guarantees means the consumer guarantees contained in Part 3-2 of the ACL;
Customer means a User that uses the Find A Carer Platform to search for particular Services.
Find A Carer, we us or our means the legal entity prescribed in your Terms.
Find A Carer Platform means the Find A Carer website https://findacarer.com.au/, Find A Carer smartphone app, and any other affiliated platform that may be introduced from time to time.
Find A Carer Service means the service of providing the Find A Carer Platform.
Identity Verification Services means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media.
Job Contract means the separate contract which is formed between a Customer and a Seller for Services. In the absence of, or in addition to, any terms specifically agreed.
Non-excludable Condition means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
Payment Account means the account operated by the Payment Provider.
Payment Provider means an entity appointed by Find A Carer that manages and operates the Payment Account including accepting payments from and making payments to Users.
Personal Information has the same meaning given to it in the Privacy Act 1988 (Cth).
Platform means the platform accessed at www.findacarer.com.au and may be available through other addresses or channels including apps.
Policies means the policies posted by Find A Carer on the Find A Carer Platform, including but not limited to the Community Guidelines.
Seller means a User who provides Services to Customers.
RCTI Adjustment Note means a document issued to correct or update the details of a previously issued Recipient Created Tax Invoice (RCTI), typically due to changes in the transaction such as pricing adjustments or returns.
Reference means a feature allowing a User to request other Users to post a reference on the Find A Carer Platform endorsing that User.
Service Fee means the fee payable to Find A Carer as consideration for the Find A Carer Services (and comprised as part of the Agreed Price) displayed as part of the Sellers profile/ in the Service details.
Services means the services that have been agreed as part of the Jobs Contract, including any variations or amendments agreed.
Seller Funds means the Agreed Price less the Service Fee.
Third Party Service means the promotions and links to services offered by third parties as may be featured on the Find A Carer Platform from time to time.
User or you means the person who has signed up to use the Find A Carer Platform, whether as the Customer, Customer, Seller, or otherwise.
21. INTERPREATION
In the Find A Carer Agreement and all Policies, except where the context otherwise requires:
(a) a reference to A$, $A, dollar or $ is to Australian currency;
(b) the singular includes the plural and vice versa, and a gender includes other genders;
(c) another grammatical form of a defined word or expression has a corresponding meaning;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) headings are for ease of reference only and do not affect interpretation;
(i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
For any questions or notices, please contact:
Find a Carer Pty Ltd ABN 80 630 885 273
Email: info@findacarer.com.au
Last update: 25th July 2024
