Welcome to MyCare Centre, where care meets compassion for NDIS participants. Quickly find heartfelt, personalized healthcare support with our simple platform.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the MyCare Centre platform connecting NDIS participants with service providers (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, MYCARE CENTRE PTY LTD. ABN 32 673 608 092 (MyCare Centre, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users; and
Part B (Service Providers), which sets out additional terms that apply to Service Providers, being NDIS providers including support workers offering services to NDIS Participants; and
Part C (Participants), which sets out additional terms that apply to Participants, being NDIS Participants and/or their authorised representatives including nominees where applicable.

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Participant, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

When we talk about “Service Listings” in this agreement, we are referring to a listing by a Participant setting out requirements for services.

When we talk about “NDIS” it means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 (Cth) and any codes of conduct, standards and rules and regulations.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

To make it easier for you to understand the terms on which we provide our Platform, we've tried to keep the terms of this agreement (Terms) as simple as possible by using plain English.

Please have a careful read through these Terms before using the Platform and please let us know if you have any questions. If you don't agree to these Terms, please don't use the Platform.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here www.mycarecentre.org/privacy

CONTACTING US

If you have an enquiry, complaint or would otherwise like to get in touch you can contact us by sending us an email to

info@mycarecentre.org or

1300 322 386

DISCLAIMER

We provide our Platform as a great tool to help participants, providers and support staff to more easily manage the NDIS and their NDIS plans. You are free to use our Platform, however it is at your risk. We provide our Platform as-is and are not responsible for any issues with you and the NDIS, a provider, your nominee, support coordinator or anyone else assisting you.

(General Information) Any information on the Platform is provided to you as general information only.
(Not professional advice or NDIS advice) Any information on the Platform is not professional advice of any type – including legal and financial advice, or advice on how to comply with the NDIS. If you need this kind of advice we suggest you see an independent professional.
(Not medical or disability advice) Any information on the Platform is not medical advice and is not disability advice. You cannot rely on this information as a substitute for medical or disability advice. Any information provided to you in the Platform is not intended to diagnose, treat, cure or prevent any disease or disability. None of our staff are medically trained. We accept no responsibility from any adverse effects from using the information provided to you in the Platform. If you think you may have a medical issue please seek medical advice from a trained medical professional.
(Responsible for NDIS Plan and compliance) You are at all times responsible for the management of your NDIS Plan. We will not be held responsible for any issues involving your NDIS Plan or non-compliance, non-attendance at any appointments, non-payment of any fees due, or any other issues that may arise.
(Introduction service) MyCare Centre is a medium that facilitates the introduction of Participants and Service Providers for the purposes of providing NDIS services. MyCare Centre simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Participants and Service Providers in relation to such services or otherwise resulting from the introduction.

Part AAll Users

ELIGIBILITY
1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
  1. over the age of 18 years and accessing the Platform for personal use; or
  2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation, or as a nominee under the NDIS, you warrant that you have the necessary authority from that company or organisation, or the NDIS participant/NDIS as applicable, to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government, participant or other legal entity (Represented Entity), then “you” or “user” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

USING THE MARKETPLACE ON BEHALF OF ANOTHER PERSON – SUPPORT COORDINATORS

If you are using the Platform, including signing up as a User, on behalf of someone else (such as a Participant), including if you are a nominee, representative or Support Coordinator under the NDIS, then this clause applies to you.

By signing up, creating an Account, or otherwise using the Platform you agree and warrant that:

you have legal authority and consent from the Participant (or the person) you are representing to enter into these Terms and use the MyCare Centre Platform on their behalf. You agree to provide evidence of this authority and consent to us if we ask for it;
if at any point the person you are representing (i.e. the Participant) revokes their authority and consent, or otherwise does not wish for you to be using the Platform on their behalf, you will inform us and immediately cease using the Platform on behalf of that person;
if you are accessing our Platform to perform or provide NDIS services, you are responsible for ensuring you are compliant with, and are providing services in accordance with all applicable NDIS codes of conduct, standards and rules and regulations;
you assume the responsibility for ensuring you pass on any applicable information to the Participant/person that you are representing;
you release and discharge MyCare Centre from all claims arising from, or in connection with, the Platform and any issues between you and the Participant/person you are representing; and
you agree to indemnify, keep indemnified and hold harmless MyCare Centre, to the extent permitted by law in respect of any claim as a result of or in connection with your use of the Platform.

If at any point we become aware of your misuse of our Platform, including if a Participant contacts us to inform us they would no longer like you to have access to the Platform on their behalf, we reserve the right to immediately suspend, cancel or otherwise revoke your access to our Platform.

ACCOUNTS
1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by MyCare Centre from time to time.
3. You warrant that any information you give to MyCare Centre in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
4. You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account.
5. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
6. Once you complete the Account registration process, MyCare Centre may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
7. MyCare Centre reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
8. MyCare Centre may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
IDENTITY VERIFICATION and background checks
1. (Verification) We may offer or require Service Providers to verify their details (including undertaking background, NDIS worker checks, working with children and police record checks) using our processes or an external identity verification service as applicable (Verification Service).
2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
  1. we may contact and share your personal information with a Verification Service to verify your details;
  2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
3. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
4. (Warranty and Indemnity) You acknowledge and agree that:
  1. we are reliant on the information provided by the Service Provider (or Verification Service if applicable) to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable Service Provider;
  2. you should make your own inquiries as to other Service Providers’ identities, qualifications and suitability before engaging in contracts with those Service Providers; and
  3. we do not endorse any Service Provider, Service Listing or Verification Service.
USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify MyCare Centre of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by MyCare Centre;
not to act in any way that may harm the reputation of MyCare Centre or associated or interested parties or do anything at all contrary to the interests of MyCare Centre or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of MyCare Centre;
that MyCare Centre may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by MyCare Centre or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that MyCare Centre may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

POSTED MATERIALS
1. WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.
LICENCE
1. You grant to MyCare Centre a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for MyCare Centre to use, exploit or otherwise enjoy the benefit of such Posted Material.
2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release MyCare Centre from any and all claims that you could assert against MyCare Centre by virtue of any such moral rights.
3. You indemnify MyCare Centre against all damages, losses, costs and expenses incurred by MyCare Centre arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
REMOVAL
1. MyCare Centre acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, MyCare Centre may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
2. You agree that you are responsible for keeping and maintaining records of Posted Material.

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, MyCare Centre will have no liability or obligation to you if:

a Participant or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or
for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from MyCare Centre.

ONLINE PAYMENT PARTNER
1. We may use third-party online payment partner, such as Stripe ([Ld1] Online Payment Partner) to collect payments on the Platform, including for our Services.
2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these Consumer Terms of Service (stripe.com) Privacy Policy (stripe.com)
3. You agree to release MyCare Centre and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Platform may have errors or defects (or both, as the case may be);
the Platform may not be accessible at times;
messages sent through the Platform may not be delivered promptly, or delivered at all;
information you receive or supply through the Platform may not be secure or confidential; and
any information provided through the Platform may not be accurate or true.

INTELLECTUAL PROPERTY
1. MyCare Centre retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Platform and the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from MyCare Centre or as permitted by law.
3. In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). MyCare Centre accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

THIRD PARTY TERMS SUPPLIERS[Ld2]
1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we may not be able to provide you with the services associated with the Platform and you can stop using the Platform.
DISPUTES BETWEEN USERS
1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to MyCare Centre via email at info@mycarecentre.org or otherwise using our website. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
4. MyCare Centre has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
5. MyCare Centre reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
6. If you have a dispute with MyCare Centre, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
7. Notwithstanding any other provision of this clause 12, you or MyCare Centre may at any time cancel your Account or discontinue your use of the Platform.
SECURITY

MyCare Centre does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

DISCLAIMER
1. (Introduction service) MyCare Centre is a medium that facilitates the introduction of Participants and Service Providers for the purposes of connecting NDIS Participants with supports including service providers and support workers. MyCare Centre simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Participants and Service Providers in relation to such services or otherwise resulting from the introduction.
2. (Limitation of Liability) To the maximum extent permitted by law and subject to clause 14(c), the total liability of each party (being you, the User and us, MyCare Centre) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
3. Clause 14(b) does not apply to your liability in respect of loss or damage sustained by MyCare Centre arising from your breach of:
  1. third party intellectual property rights;
  2. clause 2 if applicable; or
  3. any fees not paid by Participants.
4. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
5. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
6. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by MyCare Centre, except:
  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
CONFIDENTIALITY

You agree that:

no information owned by MyCare Centre, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

PRIVACY AND COLLECTION NOTICE
1. You agree to be bound by the clauses outlined in MyCare Centre’s Privacy Policy, which can be accessed here www.mycarecentre.org/privacy
2. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries] and for other purposes set out in our Privacy Policy.
3. We may collect sensitive health information about you during the course of providing you with the Platform. We only collect the information that you choose to provide us in order for you to provide information to other Users and in a listing and provide you with our services.
4. If you are providing personal and/or sensitive information on behalf of someone else, you must ensure you have the consent of that other person, including Participants.
5. If you are providing personal and/or sensitive information on behalf of anyone under the age of 18 (Minor), you must be that Minor’s parent or legal guardian and you must provide consent for the Minor’s personal and/or sensitive information to be collected.
6. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and MyCare Centre and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of MyCare Centre to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be MyCare Centre’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
1. product liability claims;
2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

TERMINATION
1. Either MyCare Centre or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, MyCare Centre will effect such termination within a reasonable time after receiving written notice from the User.
3. In the event that a User’s Account is terminated:
  1. the User’s access to all posting tools on the Platform will be revoked;
  2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
  3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and MyCare Centre will not be held accountable in relation to any transactions between Participants and Service Providers where tax related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, MyCare Centre reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving MyCare Centre.

NOTICES
1. A notice or other communication to a party under this agreement must be:
  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  2. when replied to by the other party,

whichever is earlier.

GENERAL
1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION
1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part BSERVICE PROVIDERS

ELIGIBILITY AND QUALIFICATIONS
1. You must verify that any Participant is over 18 years old or has their parent or guardian’s consent to use the Platform.
2. If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to MyCare Centre that you do hold such Qualifications and if requested, will promptly provide MyCare Centre with evidence of the Qualifications.
3. If working with children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. MyCare Centre is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify MyCare Centre against any claim that may arise in connection with your eligibility to work with people under 18 years old.
NDIS SERVICES
1. The Service Provider must provide the Services to the Participant in accordance with the NDIS, and any required rules and guidelines of the NDIS including the Participant’s NDIS plan if applicable.
2. The Service Provider must ensure that it has any required clearance for providing the Services under the NDIS, including a NDIS worker screening check (at the Service Provider’s cost).
3. If applicable, the Service Provider must only invoice or charge amounts to Participants, as applicable, in accordance with the NDIS Price Guide, NDIS Support Catalogue or any other NDIS requirements.
4. The Service Provider may be able to charge different amounts to the Participant depending on the Participant’s plan and any applicable NDIS rules, including for self-managed Participants. The Service Provider acknowledges that they may be provided with further information from MyCare Centre on pricing and services and must at all times comply with any rules, prices and guidelines of the NDIS regardless.
5. It is the Service Provider’s responsibility to ensure that any Services required for the NDIS are funded under the Participant’s plan and that a Participant has funding for that particular service. MyCare Centre will not be liable for any issues with non-payment of any services or non-compliance with the NDIS.
6. It is the Service Provider’s responsibility to ensure that a Participant signs or agrees to their NDIS service agreement. MyCare Centre will not be liable for any issues with Participants not entering into service agreements or not complying with service agreements as they are a separate agreement between the Participant and the Service Provider and do not involve MyCare Centre in any way.
SERVICE LISTINGS
1. You acknowledge and agree that:
  1. if you respond to a Service Listing once a Participant posts it, that will constitute your offer and intention to enter into a contract with the Participant;
  2. any terms and conditions (including an NDIS service agreement) relating to services or a profile provided via the Platform are solely between you and the relevant Participant and do not involve MyCare Centre in any way, except that such terms and conditions must not be inconsistent with your or the Participant’s obligations under this agreement; and
  3. MyCare Centre does not guarantee that you will obtain any work or responses from any Participants from using the Platform.
PROFILES FOR SUPPORT WORKERS

Support workers may be able to upload personal information on the Platform regarding yourself, your services you provide any qualifications you may have, photos and videos (Profile). You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any profile you submit to the Platform in which you offer to provide services (Profile);
MyCare Centre may choose not to accept any Profile you submit to the Platform, and MyCare Centre may limit the number of Profiles you can submit to the Platform;
any information you supply in a Profile must be true, timely and accurate;
by uploading any information in a profile you consent for your personal information to be used by MyCare Centre for the purposes of listing your Profile to provide services to Participants and other purposes as set out in this agreement and agreed with you.

PROVISION OF SERVICES
1. You must ensure that all services specified in a Service Listing that is accepted by a Participant are provided:
  1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
  2. in accordance with the NDIS and all NDIS rules, regulations and codes if applicable;
  3. in accordance with any NDIS service agreement that you may have agreed with a Participant;
  4. with due care and skill and in a professional, punctual and diligent manner;
  5. so that the services are fit for their intended purpose; and
  6. on the date and at the times set out in the Service Listing.
2. You acknowledge and agree that a Participant may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.
3. If a Participant requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.
FEES FOR NDIS PROVIDERS
1. (Free Trial) We may provide you with a free trial which will allow you to access some features of our Services and to try out the Platform. Any details, including timing and length of any Free Trial will be set out on the Platform. In order for you to access additional features, we may require the payment of fees (Fees).
2. (Registration Fee) We may charge a registration Fee in order for you to sign up, register and create an Account on the Platform.
3. (Subscription Fees) You may then choose to purchase a subscription for ongoing access to our Services as set out on the Platform (Membership). The inclusions and Fees of your Membership will be set out on the Platform. We may offer different levels of membership on the Platform and these details will be set out on the Platform. It is up to you to choose the Membership option that is the best for you.
4. (Membership Fees non-refundable) To the extent permitted by law, our Membership Fees are non-refundable.
5. (Automatic Renewal) If stated on our Platform that your Membership is automatically renewing, your Membership will continue to renew on a recurring basis indefinitely for the period you have signed up for, and you must pay Fees in respect of each recurring period, unless you notify us by giving us at least 5 business days’ notice before the expiry of the current billing cycle that you want to cancel your Membership.
6. MyCare Centre reserves the right to change or waive the Fees at any time by updating this agreement, on written notice to you. We will provide you with at least 30 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
7. We reserve the right to not accept your Account until you have paid any Fees applicable.
8. We may offer additional services or functionalities on the Platform at any time including in-app purchases. We may charge additional fees for these additional services or functionalities. Details of any of these additional services will be set out on the Platform.
9. You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on Fees and any Quoted Amount (defined below).
FEES FOR SUPPORT WORKERS

If you are a support worker then this additional clause applies to you for the payment of fees.

(Free Trial) We may provide you with a free trial which will allow you to access some features of our Services and to try out the Platform. Any details, including timing and length of any Free Trial will be set out on the Platform. In order for you to access additional features, we may require the payment of fees (Fees).
You will be required to quote the cost of providing the services specified in each Service Listing to a Participant (Quoted Amount). We will charge you a percentage of the Quoted Amount as set out on the Platform (Service Fee) for each Service Listing that you accept from a Participant.
When a Participant accepts your services, they will be invoiced the Quoted Amount, plus the Service Fee (together, the ‘Service Listing Fee’) or as otherwise agreed with the Participant depending on their NDIS plan management.
Once we receive payment from the Participant, the NDIA or otherwise, we will then transfer payment to you.
The balance of the Service Listing Fee minus the Service Fee (Your Fee) will be held in our account or your Online Payment Partner account, by us or the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions and as set out on the Platform.
MyCare Centre reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 30 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
You acknowledge and agree that if we do not get paid by a Participant then we cannot pass on any fees and we will have no liability to you whatsoever for the payment of any fees, including your fees.

LIMITED PAYMENT COLLECTION AGENT
1. If applicable, each Service Provider appoints us as the Service Provider's limited payment collection agent solely for the purpose of accepting the Quoted Amount from the Participant.
2. Service Providers agree that payment of the Quoted Amount by a Participant to us (as the Service Provider's limited payment collection agent) is to be considered the same as payment made directly by the Participant to the Service Provider and the Service Provider will provide the agreed services in a Listing to the Participant as agreed, as if the Service Provider had received payment directly from the Participant.
3. Each Service Provider agrees that we may refund Participants in accordance with this agreement. Each Service Provider agrees that our obligation to pay the Service Provider is subject to and conditional upon successful receipt of the relevant payments from Participants.
4. We guarantee payment to Service Providers only for such amounts that we have successfully received from Participants in accordance with this agreement. In accepting appointment as the limited payment collection agent of the Service Provider, we assume no liability for acts or omissions of the Service Provider.
5. In the event that we do not remit the Quoted Amount Fees as set out in the Fees clause above, Service Providers will only have recourse against us and not the Participant directly.
REFUNDS & CANCELLATIONS
1. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If MyCare Centre decides to investigate your request, you must provide assistance and information to MyCare Centre as reasonably requested.
2. You must ensure that your cancellation policy and refund policy in relation to you or Participants cancelling an accepted Service Listing is in compliance with all applicable laws, such as the Australian Consumer Law.
3. If we accept your request to cancel a service set out in an accepted Service Listing, we may take one or more of the following actions:
  1. cancel your Account and/or any membership you hold in connection with the Platform;
  2. refund the Quoted Amount to the relevant Participant; and
  3. if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
4. The Service Fee is by default non-refundable for change of mind. However, MyCare Centre may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
5. You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Service Listing.
BYPASSING
1. You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Participant whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Participant or their representative is still active on the Platform.
2. MyCare Centre may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
BINDING CONTRACT

You agree that when a Participant submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Participant with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Participant) when you respond to an email or message on the Platform confirming that you accept the Participant’s offer.

WARRANTIES

By listing yourself as a Service Provider on the Platform, responding to a Service Listing, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Service Listing;
you will provide services to each Participant:
1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
2. in compliance with all applicable laws; and
any individuals involved in your performance of services to any Participant have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part CPARTICIPANTS

Your information AND THE NDIS
1. You confirm that all information you give us on the Platform is correct and not misleading. If any information changes you agree to tell us promptly.
2. You are responsible for all information about you on the Platform. This includes any of your NDIS information in your Account. You represent and warrant that all information you give us in relation to the Platform is accurate and complete and that the information complies with law and any NDIS guidance that applies to you.
3. You are responsible for the management of your NDIS plan. This includes making claims and giving any evidence asked for by the NDIS or the Service Provider. We will not accept any liability or claims regarding your compliance or obligations under the NDIS.
4. You are responsible for entering into any service agreements required for the NDIS.
SERVICE LISTINGS

You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you set out the services you want fulfilled (Service Listing);
MyCare Centre may choose not to accept any Service Listing you submit to the Platform, and MyCare Centre may limit the number of Service Listings you can submit to the Platform;
any information you supply in a Service Listings must be true, timely and accurate;
you must take all reasonable steps not to cancel any part of an accepted Service Listing unless in accordance with an accepted cancellation policy or any NDIS service agreement;
you must deal with any dispute with a Service Provider in accordance with clause 12 of Part A;
any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Service Provider and do not involve MyCare Centre in any way, except that they must not be inconsistent with your or the Service Provider’s obligations under this agreement or any NDIS service agreement you sign; and
MyCare Centre will have no responsibility for the accuracy, reliability or timeliness of any Service Provider’s response to a Service Listing.

PAYMENT
1. (Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in accordance with your NDIS Plan, your NDIS service agreement or as otherwise agreed with the Service Provider.
2. We may invoice you for services provided by support workers and otherwise in accordance with the NDIS as set out on the Platform.
CANCELLATIONS
1. MyCare Centre will have no liability or obligation to you if a Service Provider cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from MyCare Centre in relation to any such cancellation, including any portion of the Service Fee.
2. If you wish to cancel services specified in an agreed Service Listing, before the Service Provider has performed them, you must contact the Service Provider. If MyCare Centre decides to investigate your cancellation, you must provide assistance and information to MyCare Centre as reasonably requested.
3. If you cancel a service specified in an agreed Service Listing, whether the relevant amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider and any NDIS service agreement if applicable.
RATINGS AND REVIEWS
1. Participants may rate a Service Listing (Rating) and/or may provide feedback to Service Providers regarding the services Participants received from them (Review).
2. Participants’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Listing is removed or terminated.
3. Participants must only provide true, fair and accurate information in their Reviews.
4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Participant from posting further Reviews. We do not undertake to review each Review made by Participants.
5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
6. You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
7. You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
  1. you have purchased a product or service from that Service Provider via the Platform; or
  2. you have placed an order with the Service Provider via the Platform; or
  3. you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,

(collectively referred to as a Service Experience).

You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.

LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of MyCare Centre;
the provision by MyCare Centre of introductions to Service Providers does not imply any endorsement or recommendation by MyCare Centre of any Service Provider;
MyCare Centre does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 9 and do not involve MyCare Centre in any way. You are responsible for entering into NDIS service agreements with the Service Providers.

COMMUNICATION OUTSIDE THE PLATFORM
1. You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Listing.
2. MyCare Centre, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 16.

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MyCare Centre Updated this page on the 20th of March 2024